Upland City Council
June 26, 2023

Exhibit B- 1

EXHIBIT B

SCHEDULE

• Monday, June 26, 2023 - Upland City Council Meeting • Wednesday, July 5, 2023 - Notice to Proceed
• July 6, 2023 - Start construction of 663 Diamond Court, Unit 4, Upland, CA 91786 • September 5, 2023 – Construction Completion
o File Notice of Completion

Exhibit C - 1

EXHIBIT C

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Exhibit D - 1

EXHIBIT D

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

LABASTIDA CONSRUCTION

By: _________________________
Signature
VICTOR MANUEL LABASTIDA, JR.

Name (Print)
Owner________________________
Title (Print)

Exhibit E- 1

EXHIBIT E

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration: __________________________ Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: LABASTIDA CONSTRUCTION_____
Signature:

Name and Title: VICTOR MANUEL LABASTIDA, JR. – Owner

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

Exhibit F - 1

EXHIBIT F

PAYMENT AND PERFORMANCE BONDS

Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ______________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Exhibit F - 1
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

Exhibit F - 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Exhibit F - 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

Exhibit F - 1
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Exhibit F - 1
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Exhibit F - 1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

Exhibit F - 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Exhibit F - 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF

LON TEAGUE, POLICE LIEUTENANT
SUBJECT: ANNUAL MILITARY EQUIPMENT REPORT PER ASSEMBLY BILL NO. 481

RECOMMENDED ACTION:

It is recommended that the City Council review Ordinance No. 1960 and approve the Annual Military Equipment Report regarding the Police Department’s possession of military equipment per Assembly Bill 481 .

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining compliance with the State's regulations described under AB 481. Furthermore, this policy promotes transparency, accountability, and oversight surrounding the use of military equipment by the Police Department.

BACKGROUND
On September 30, 2021, Governor Newsom signed into law seven major peace officer reform bills, including Assembly Bill 481. AB 481 was authored by Assembly Member David Chieu (D -San Francisco) to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment.”

The bill requires law enforcement agencies, including the Upland Police Department, “to obtain approval of the City Council, by the adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.”

In accordance with the procedure set forth under AB 481, the Police Department’s Military Equipment Policy 706 was first made available on the Police Department’s website on March 14, 2022, more than 30 days before the public meeting at which the policy was first considered by the City Council. The Policy includes a list of newly defined military equipment currently in the Upland Police Department’s possession. The city’s website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.

On May 9, 2022, the City Council adopted Ordinance No. 1960 approving a Military Equipment Use Policy (Policy).

The military equipment identified in the Policy is necessary because no reasonable alternatives can achieve the same objectives for officer and civilian safety. The Policy safeguards the public’s welfare, safety, civil rights, and civil liberties. The military equipment identified in the Policy is reasonably cost-effective compared to available alternatives that can achieve the same officer and civilian safety objective. All prior military equipment use complied with the City’s policies that were in effect at the time.

AB 481 Annual Reporting Requirements (Government Code 7072) The Police Department must annually submit an Annual Military Equipment Report (Report) that lists each type of military equipment used.

At a minimum, and as required by Government Code Section 7072(a), the Report includes the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use polic y, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be prov ided for the military equipment in the calendar year following submission of the annual military equipment report.

(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

ISSUES AND ANALYSIS
AB 481 requires the City Council to review the ordinance at least annually. This includes a review of each type of military equipment identified in the Report provided by the Police Department. The Police Department’s Report includes the use of military equipment, any complaints received, any internal audits or other information about violations of the Upland Police Department Military Equipment Policy 706, and the cost of such use and other similar information. The Police Department’s webpage is utilized for the distribution of any updates to the above materials and the Report.

AB 481 Definition of Military Equipment (Government Code 7070) AB 481 created Government Code 7070 which defined the following 15 categories of items as military equipment:

Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two -and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached Category 4: Tracked armored vehicles that provide ballistic protection to their occupants Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Category 6: Weaponized aircraft, vessels, or vehicles of any kind Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition
Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns
Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles Category 11: Noise-flash diversionary devices and explosive breaching tools Category 12: Munitions containing tear gas or oleoresin capsicum (pepper spray), excluding standard, service-issued handheld pepper spray
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long -range acoustic devices Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight

The Upland Police Department currently possesses items in Categories 1, 2, 9, 11, 12, and 14 from the above list. All items currently in possession of the Upland Police Department have been approved during the associated budgetary periods commensurate with the items purchased. The Report is attached for City Council’s approval.

As required by AB481, in order to allow the public to discuss the Report in an open forum, the Police Department will hold a public meeting within 30 days of approval.

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

FISCAL IMPACTS
Approving the Annual Military Equipment Report has no direct fiscal impact on the City’s General Fund. Indirect costs would include staff time for compiling reports and responding to complaints concerning the policy.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Upland Police Department Annual Report 2023 – Military Equipment List

The Upland Police Department utilizes the equipment listed below for law enforcement purposes only in a manner that is consistent with the equipment’s category’s description. The Department’s use complies with state and federal law, including any licensing and certification requirements, and City and Department policies and procedures. All equipment is used in a manner that protects public and officer safety and the community’s civil rights and civil liberties, with the goal of minimizing injury to persons and property, including when exigent circumstances arise that may require a related use not explicitly described below. Deployments are regulated to those who have completed requisite training or qualification, including that from the Department and the Commission on Peace Officer Standards and Training (POST).

1. Specialized firearms and ammunition (Category 9)
a. Quantity, description, capabilities, and purchase cost:
56 (fifty-six) Colt AR-15 patrol rifles capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $927.76
 Authorized Use: Only members that are POST certified Peace Officers, and have completed the POST Firearms/Tactical Rifle Course. 15 (fifteen) MP5 sub-machine guns. The MP5 sub-machine gun is capable of accurately engaging an armed subject at various distances. The MP5 is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire. The MP5 does not have a service life expectancy a nd will need to be serviced or replaced when the rifle fails or breaks. The 9 mm NATO cartridge is capable of limited penetration against soft body armor worn by armed subjects. COST: Unknown cost. These weapons were acquired over 10 years ago.  Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed the POST SWAT Academy Firearms Course. These firearms are currently in storage and are only deployed at the direction of the SWAT Team Commander.
2 (two) Heckler and Koch HK416 rifles. The HK416’s possessed by the Upland Police department are NOT currently in service (storage). The HK416 is capable of accurately engaging an armed subject at various distances. The HK416 rifle is a lightweight, gas

operated, air cooled, magazine fed, shoulder fired weapon designed for semi- automatic and automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects.

COST: Unknown cost. These weapons were acquired over 10 years ago.  Authorized Use: Only members that are POST certified Peace Officers, and members of the SWAT Team that have completed a POST SWAT Academy/Firearms Training. These firearms are currently in storage and are only deployed at the direction of the SWAT Commander.
16 (sixteen) Geissele 5.56mm rifle is capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire.

The Geissele rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $2,068.62 per rifle.  Authorized Use: Only members that are POST certified Peace Officers, and are members of the SWAT Team that have completed POST SWAT
Academy/Firearms Training. Members meeting the above qualifications are also authorized to carry these weapons in a patrol capacity. 12 (twelve) M16A1 service rifles. The M16A1 service rifles possessed by the Upland Police department are NOT currently in service (storage). The M16A1 service rifle is capable of accurately engaging an armed subject at various distances. The M16A1 service rifle is a lightweight, gas operated, air cooled, magazine fed, shoulder fired weapon designed for semi-automatic and automatic fire. The M16A1 service rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. The 5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. COST: $0. These firearms were granted from the U.S.

Military. The firearms are currently in storage and pending return or legal disposition.

There is no additional category 9 equipment anticipated to be acquired in FY 23/24.

2. Tear Gas (Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:

Description: Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Upland Police Department as a non- lethal tool to disperse rioting suspects and on barricaded suspects per Upland Police Department Policy and applicable law. The Upland Police Department uses chemical agents which are used by law enforcement across the United States: CS

(2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). Descriptions of each agent/munition are taken directly from the manufacturer.

1. 1017 -Pocket Tactical SAF-Smoke – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas. May be launched or hand-thrown Cost: $27.75 per munition.

2. 1062 - SAF-Smoke Black – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 30 to 40 seconds to cover large areas. May be launched or hand-thrown Cost: $50.70 per munition.

3. 2042 - Flameless Expulsion CS Grenade - The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to u se inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time. Cost: $49.00 per munition.

4. 1082 - Riot Control Continuous Discharge Grenade - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $29.30 per munition

5. 1072 - Spede-Heat Continuous Discharge Chemical Grenade - The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. Cost: $33.05 per munition.

6. 5230B – Baffled Riot CS Smoke. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost $49.75 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents.
d. Expected Lifespan:

1. 1017 – 5 years

2. 1062 – 5 years

3. 2042 – 5 years

4. 1082 – 5 years

5. 1072 – 5 years

6. 5230B – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 23/24.

3. Flash Bang (Category 11)
a. Quantity, Description, Capabilities, and Purchase Cost:

The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDD's have developed training devices to realistically simulate the operational characteristics of standard NFDD's. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval. The fuze is the most important part of a pyrotechnic munition. Combined Tactical Systems (CTS) Inc. has taken the standard military M201A1 fuze and improved it

to provide increased consistency, reliability, and safety. The article describes the CTS Flash-Bang Training System as a superb, cost-effective training tool. The Model 7290T Training Flash-Bang is a low-cost training device that realistically simulates all the functional characteristics of a standard NFDD without any of the liabilities associated with using a full-power device.

1. 7290MT – Mini Bang Training Body. Training system makes for excellent training scenarios. The system is built and weighs exactly the same as the Model 7290M Flash-Bang but has no flash charge. The 7290MT body is painted with a bright blue coating and can be used an unlimited number of times. The M201FB fuse for this system has 10 times the output of a normal M201 fuse and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions. The Model 7290MT produce an audible output of about 120db. The base contains a standard 3/8-16 UNC thread at its center, allowing attachment of numerous accessories, including: Clamp, Stake, Eye Bolt or Magnet. Cost: $54.75

2. 7290M – Mini Flash Bang. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Cost: $49.50.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or m anufacturer- specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:

1. 7290MT – 5 years

2. 7290M – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 23/24.

4. Pepper Ball Launcher (Category 14)
a. Quantity, Description, Capabilities, and Purchase Cost:

Twelve (12) Launchers that a part of a system that uses high-pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De - Escalation tool used to avoid further injuries or lethal opti ons on a subject; Cost:

Unknown for Six (6) items as they were purchased @ 15 years ago. Six (6) launchers were recently purchased as Cost $664.99

1. Pepper Ball LIVE PROJECTILE, the basic Pepper Ball projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet. The projectile contains 0.5% PAVA Powder; Cost: $249.99 for pack of 90.

2. Pepper Ball Glass Breaker Projectiles, a solid projectile used to shatter windows only. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280- 350 FPS; Cost: $25 for pack of 10.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
c. Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers. d. Expected Lifespan:

1. Pepper Ball Launcher – No expiration

2. Live Projectile – 3 years

3. Glass Breaker Projectiles – No expiration
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 23/24.

5. Projectile Launch platforms and associated munitions (Category 14) a. Quantity, Description, Capabilities, and Purchase Cost: Three (3) Defense Technology 40mm Single Launcher: Cost: $985.70. The Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher can launch 40MM munitions at a subject up to 40 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. The less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The below-listed product descriptions are taken directly from the manufacturer.

1. 6320 - The 40mm Direct Impact Crushable Foam Round is the perfect munition for incapacitating a single subject or for controlling a crowd. The plastic body with a crushable orange foam nose containing a powder payload makes for a lightweight, high-speed projectile. This munition is a point-of-aim, point-of-impact direct fire round that has passed extensive human effects assessments for blunt impact and penetration, most commonly used by tactical t eams where greater accuracy and deliverable energy is needed for incapacitation of a non-compliant subject at longer distances. When it is loaded with agent, it combines blunt trauma with the effects of an irritant, which maximizes the potential for incapacitation. Cost: $30.50 per munition.

2. 6322 - The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct- fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Cost: $30.30 per munition.

3. 6299 - The 40 mm Multiple Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity. The round contains three foam projectiles. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. The foam

projectile allows for closer deployment, while minimizing injury. Cost: $25.60 per munition.

4. 2262 - 40mm CS Liquid Ferret (Barricade Penetrating Projectile “Black Tip”). The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $28.15 per munition.

5. 6297 - Stinger 37/40 mm 60-Caliber Rubber Balls Round. The Stinger 37/40 mm 60- Caliber Round is most widely used as a crowd management tool. The Stinger contains approximately eighteen 60-Caliber rubber balls. Designed for departments utilizing both 37/40 mm launchers, allows sharing of ordinance between the two weapon systems. It utilizes smokeless powder as the propellant and has consistent velocities and tighter patterns compared to its 37 mm counterpart. Suitable for close to medium ranges of fire. Cost: $25.60 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
c. Authorized Use: Only officers who have received POST certification or manufacturer- specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:

1. 6320 – 5 years

2. 6322 – 5 years

3. 6299 – 5 years

4. 2262 – 5 years

5. 6297 – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.

f. Additional Equipment: Fifteen (15) Defense Technology 40mm Single Launchers are anticipated to be acquired in Fiscal Year 23/24. Cost Per: $1,212.80.

6. Bean Bag Shotgun (Category 14)
a. Quantity, Description, Capabilities, and Purchase Cost: Fifteen (15) Remington 870 12 Gauge Multi-Shot Beanbag Launcher: Cost: Unknown, purchased over 25 years ago.

The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less- Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump-action launcher, which allows the officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.

1. 3027 – 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance. The bean bag munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individual(s).

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Expected Lifespan:

1. Bean Bag Launcher – No expiration.

2. Bean Bag Munitions – 5 years
e. Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used.
f. Additional Equipment: None anticipated to be acquired in Fiscal Year 23/24.

7. Small Unmanned Aerial Systems (sUAS) (Category 1)

a. Quantity, Description, Capabilities, and Purchase Cost:

1. LOKI 2 (Quantity 4)
a. Manufacturer: Sky Hero
b. Total Cost: $29,960

2. EVOII (Quantity 3)
a. Manufacturer: Autel Robotics
b. Total Cost: $20,694

3. Nano+(Quantity 2)
a. Manufacturer: Autel Robotics
b. Total Cost: $1,418
An unmanned aircraft of any type that is capable of sustaining direct flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means. sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue , barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with the FAA regulations and with respect for constitutional rights and privacy, which include but not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations, at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government.
c. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate sUAS equipment during approved missions. d. Expected Lifespan: All sUAS equipment, approximately 3-5 years. e. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000.
f. Additional Equipment: Equipment anticipated to be acquired in Fiscal Year 23/24:

1. Two (2) Autel EVO II Dual 640T V3s. Cost per - $5,907.16.

2. Five (5) DJI Avatas UAVs. Cost per - $1,429.05.

3. Three (3) Autel Evo Max 4t UAVs. Cost per - $8,441.56.

4. One (1) Sky Hero SIGYN UGV (Unmanned Ground Vehicle). Cost per - $8,795.00.

8. Armored Personnel Carrier (Category 2)
a. Quantity, Description, Capabilities, and Purchase Cost

1. Bearcat Gen 2 (Quantity 1)
a. Manufacturer: Lenco
b. Cost: $285k
An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transporting officers and/or civilians at critical incidents and high-risk tactical operations. Bearcats can support first responders in any hazardous, high-risk, or critical incident, which would benefit from having a vehicle that provides a high level of ballistic protection. b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT Commander, based on the specific circumstances of a given incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected Lifespan: Lenco Bearcat Gen 2, approximately 15 years. e. Fiscal Impact: Annual maintenance costs approximately $1,000. f. Additional Equipment: None anticipated to be acquired in Fiscal Year 23/24 Confirmed Non-Compliance
The Department had no reportable instances of confirmed non-compliance with its Military Equipment Use Policy to report to the City Council.

Justification
In order to ensure that the Department’s military equipment provides the best value to meet the City’s needs in comparison to alternatives, if any were available, and to achieve officer and civilian safety, the Department’s past and future acquisitions of military equipment comply with the City’s purchasing policy.

DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF

MAURICE DURAN, LIEUTENANT

AMANDA BETTEN, CODE ENFORCEMENT OFFICER
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE ASSESSMENT OF

ADMINISTRATIVE FINES AND ESTABLISHING ASSESSMENT LIENS FOR UNPAID

ADMINISTRATIVE FINES

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving the assessment report, assessing administrative fines, and establishing special assessment liens against parcels of real property in the City of Upland relating to unpaid administrative penalties under Section 1.10.090 of the Upland Municipal Code.

GOAL STATEMENT
The proposed action supports the City’s goal to conduct a total fine and cost recovery program for all nuisance abatement actions.

BACKGROUND
Police Department staff, in conjunction with the City Prosecutor, have identified multiple properties in the City that have been subject to administrative fines for violations of the Upland Municipal Code and have, to date, failed to pay the administrative penalties. The parcels of real property with outstanding administrative fines (“Subject Properties”) are listed in Exhibit A of the attached Resolution and presented to the City Council for approval.

ISSUES AND ANALYSIS
Government Code Section 53069.4 authorizes the legislative body of a local agency to establish, by ordinance, procedures for the imposition, enforcement, collection, and administrative review of administrative fines or penalties. Pursuant to Government Code section 53069.4, the City enacted Upland Municipal Code (UMC) Sections

1.10.010 through 1.10.090, which established the procedures for the imposition, enforcement , collection, and administrative review of administrative fines and penalties. UMC Section 1.10.090 authorizes the recovery of all administrative fines pursuant to any option available to the City by law or in equity. UMC Section 1.10.090(C) allows the special assessment of all unpaid administrative fines upon the parcel that contained nuisance conditions or UMC violations.

In each case involving the Subject Properties listed in Exhibit A, City inspectors identified at least one violation of the UMC and issued an administrative citation with an administrative fine to the owner of each of the Subject Properties (“Cited Owners”). Cited Owners were allowed to request a hearing to contest the administrative citation and fine. In each case, either Cited Owners failed to request a hearing to contest the executive authority and fine, or a hearing was requested, and the administrative citation and fine were upheld. The City conducted a thorough review of the records of all outstanding administrative fines and issued to each Cited Owner and all interested parties of the Subject Properties a Notice of Lien and Special Assessment as well as a letter explaining the Notice of Lien and Special Assessment and the need to pay the outstanding administrative fines or a sp ecial assessment would be levied against the property. Each Cited Owner and interested party of the Subject Properties was afforded time to either pay the outstanding administrative fines or contact the City to explain why they were not liable for the out standing administrative penalties.

After issuing the letters and Notices of Lien and Special Assessment, some of the outstanding administrative fines were paid or were dismissed due to prior payment or for other justifications. The Subject Properties listed in Exhibit A are all the properties that have thus far failed to pay the outstanding administrative fines and have failed to contest

liability for said fines. The City has recorded the Notices of Lien and Special Assessment against all the Subject Properties. It seeks authorization from the City Council to levy the special assessments against Subject Properties to recover the outstanding administrative fines under UMC section 1.10.090(C).

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
Approval of the assessment of liens against parcels of real property may result in the collection of approximately $105,350.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, APPROVING THE ASSESSMENT

REPORT, ASSESSING ADMINISTRATIVE FINES, AND

ESTABLISHING SPECIAL ASSESSMENT LIENS AGAINST

PARCELS OF REAL PROPERTY IN THE CITY OF UPLAND

RELATING TO UNPAID ADMINISTRATIVE FINES PURSUANT
TO SECTION 1.10.090 OF THE UPLAND MUNICIPAL CODE.

WHEREAS, California Constitution, article XI, section 7 grants cities the authority to make and enforce local ordinances pursuant to their police power; and WHEREAS, Government Code section 53069.4 authorizes the legislative body of a local agency to establish by ordinance a procedure for the imposition, enforcement, collection, and administrative review of administrative fines or penalties; and
WHEREAS, pursuant to Government Code section 53069.4, the City of Upland (“City”) enacted Upland Municipal Code (“UMC”) sections 1.10.010 through

1.10.090, which establish procedures for the imposition, enforcement, collection, and administrative review of administrative fines and penalties; and WHEREAS, UMC section 1.10.090 authorizes the recovery all administrative fines pursuant to any option available to the City by law or in equity; and WHEREAS, UMC section 1.10.090(C) authorizes the special assessment of all unpaid administrative fines upon the parcel that contained the nuisances.

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

Section 1. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Nuisance conditions and UMC violations have been determined to exist on each of the parcels of real property attached hereto as Exhibit A (“Nuisance Properties”).

Section 3. Administrative, civil, or criminal nuisance abatement proceedings were initiated and adjudicated against all Nuisance Properties based on the nuisance conditions and UMC violations found thereon.

Section 4. In accordance with UMC section 1.10.090(C), the City served a Notice of Lien and Special Assessment on each owner of the Nuisance Properties and upon all parties with a recorded interest in the Nuisance Properties identifying the amount of outstanding administrative fines and penalties, the timeframe within which full payment for all Nuisance Costs must be completed, and the timeframe within which each property owner and party with a recorded interest may contest liability for the unpaid administrative fines or penalties.

Resolution No.

Section 5. For all Nuisance Properties, the timeframe to contest the administrative citations and pay the full amount of unpaid administrative fines or penalties has expired.

Section 6. For all Nuisance Properties, either the full or a partial amount of administrative fines is unpaid as of the date of this Resolution.

Section 7. The City served all owners of the Nuisance Properties, and all parties with a recorded interest in the Nuisance Properties, by certified mail prior to recording, with the notice required by State law specifying that the property may be sold after three years by the tax collector for the unpaid delinquent assessments.

Section 8. The City has satisfied any and all necessary procedural requirements to recover the unpaid administrative fines and penalties under the UMC and all other applicable laws to levy special assessments against all Nuisance Properties and is hereby entitled to recover the unpaid administrative fines and penalties by special assessments against the Nuisance Properties. The levying of a special assessment upon each of the Nuisance Properties is authorized without regard to the valuation of the Nuisance Properties.

Section 9. Accordingly, the Special Assessment Amounts identified in Exhibit A are approved for special assessment against the corresponding Nuisance Properties.

Section 10. In accordance with UMC section 1.10.090(C), the City shall provide the County tax collector with a copy of this Resolution authorizing the levying of special assessments against the Nuisance Properties.

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

PASSED, APPROVED and ADOPTED this 26TH day of June, 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 26th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

1499 WEST 13TH STREET │ UPLAND, CALIFORNIA 91786 │ (909) 946-7624 │ FAX (909) 920-0105

CITY OF UPLAND

POLICE DEPARTMENT
“Proud to Serve”
MARCELO A. BLANCO│CHIEF OF POLICE

EXHIBIT A

To: Upland City Council
From: Marcelo Blanco
Date: July 19, 2023
Subject: Special Assessment of Unpaid Administrative Fines

Property Address APN ADMINISTRATIVE CITATION

NUMBER(S)
Special Assessment Amount
1383 W. Arrow Ave
Upland, CA 91786 1007-224-19-0000 UPL5659, UPL5655 $200.00 925 Emerson St.

Upland, CA 91784 1004-071-23-0000 UPL5665, UPL5674, UPL5727 $450.00 1420 Felicita Ct.

Upland, CA 91786 1045-443-14-0000 UPL5053 $61,150.00
1432 Felicita Ct.

Upland, CA 91786 1045-443-15-0000 UPL5065 $150.00
100 W. Foothill Blvd.

Upland, CA 91786 1046-051-08-0000 UPL5448 $1,050.00
345 W. Foothill Blvd.

Upland, CA 91786 1045-571-37-0000 UPL5546 $550.00
813 W. Foothill Blvd.

Upland, CA 91786 1045-602-32-0000 UPL5538 $50.00
413 Greenfield Ct.

Upland, CA 91786 1047-024-01-0000
UPL5525, UPL5532, UPL5540, UPL5547,
UPL5568, UPL5505, UPL5511, UPL5514,
UPL5544, IPL5571, UPL5576
$1,050.00
146 S. Irving Way
Upland, CA 91786 1007-611-22-0000 UPL5409, UPL5427 $2,150.00 226 N. Laurel Ave.

Upland, CA 91786 1046-361-16-0000 UPL5506, UPL5423 $4,250.00 242 N. Laurel Ave.

Upland, CA 91786 1046-361-18-0000 UPL5434, UPL5446, UPL5588, UPL5595, UPL5712 $450.00
1450 Lemon Grove Dr.

Upland, CA 91786 1006-221-38-0000 UPL5063, UPL5071 $200.00 521 N. Mountain Ave.

Upland, CA 91786 1007-211-43-0000
UPL5090, UPL5091, UPL5092, UPL5095,
UPL5096, UPL5097, UPL5098, UPL5099,
UPL5402, UPL5400, UPL5403, UPL5404,
UPL5407, UPL5410, UPL5411
$2,550.00
1141 Noreen Ct.

Upland, CA 91784 1005-151-50-0000 UPL5055, UPL5072, UPL5502 $8,450.00 2009 Porter Field Way
Upland, CA 91786 1006-331-37-0000 UPL5079 $1,050.00

1499 WEST 13TH STREET │ UPLAND, CALIFORNIA 91786 │ (909) 946-7624 │ FAX (909) 920-0105

CITY OF UPLAND

POLICE DEPARTMENT
“Proud to Serve”
MARCELO A. BLANCO│CHIEF OF POLICE
718 Silverwood Ave.

UPLAND, CA 91786 1007-221-12-0000 UPL5660, UPL5713, UPL5583, UPL5541, UPL5529, UPL5520, UPL5567 $7,400.00
1383 N Vallejo Way
Upland, CA 91786 1045-321-11-0000
UPL5675, UPL5663, UPL5732, UPL5725,
UPL5720, UPL5711, UPL5596, UPL5589,
UPL5580, UPL5575, UPL5574, UPL5569.

UPL5539
$1,300.00
473 E. West St.

Upland, CA 91786 1045-523-02-0000 UPL5216 $100.00
185 S. 2nd Ave.

Upland, CA 91786 1046-602-15-0000 UPL5212, UPL5215, UPL5024 $3,350.00 1690 N. 2nd Ave.

Upland, CA 91784 1044-542-12-0000 UPL5432 $2,150.00
1012 W. 11th St.

Upland, CA 91786 1007-193-34-0000 UPL5406 $100.00
1404 W. 11th St.

Upland, CA 91786 1007-232-32-0000 UPL5421 $50.00
359 E. 14th St.

Upland, CA 91786 1045-222-09-0000 UPL5809, UPL5223 $4,450.00 905 W. 14th St.

Upland, CA 91786 1006-161-26-0000
UPL5582, UPL5594, UPL5707, UPL5719,
UPL5727, UPL5729, UPL5662, UPL5670,
UPL5677, UPL5683, UPL5802
$550.00
881 W. 15th St.

Upland, CA 91786 1045-012-26-0000 UPL5509 $2,100.00
$105,350

NOTICE OF PUBLIC HEARING
NOTICE IS HERBY GIVEN that the City Council of the City of Upland wil l hold a public hearing on June 26, 2023, at 7:00 p.m. in the Council Ch amber of the Upland City Hall, 460 N. Euclid Avenue, Upland, California 91786, to consider placing unpaid code enforcement administrative citation fines on the tax roll.

Public comments will be accepted through remote and in -person participation to ensure public participation. The meeting may be viewed live on the City’s website, YouTube, or cable access channels. For detailed information on how to participate in remote public comment, please visit the City’s website at www.uplandca.gov and view the PDF titled “Guidelines for Public Participation” or contact the City Clerk’s Office at 909 -931-4120.

A full report containing the unpaid administrative citations issued by code enforcement from January 1, 2021, to December 31, 2022, and a description of each parcel of real property associated with the violation is on file in the Office of the City Cl erk. For further information, please get in touch with Code Enforcement at 909 931-4260.

All interested persons are invited to attend this public hearing and will be allowed to present oral and written statements, arguments, and beliefs relevant to this proposal. Before the public hearing, all pertinent data may be inspected at the City Clerk’s Office, Upland City Hall, 460 N. Euclid Avenue.

The City of Upland intends to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is usually provided, the City will attempt to accommodate you in every reasonable manner. Please get in touch with the City Clerk’s Office at (909) 931-4120 at least 48 hours before the meeting to inform us of your needs.

Keri Johnson
Upland City Clerk

Published: June 16th, 2023

DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

STACEY PADRON, EXECUTIVE ASSISTANT I
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE POWERS AND DUTIES OF

THE CITY MANAGER IN THE UPLAND MUNICIPAL CODE

RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending the City Manager Powers and Duties section of the Upland Municipal Code.

GOAL STATEMENT
The proposed action supports the City’s goal of ensuring that the Upland Municipal Code compliments current City practices, regulations, and policies.

BACKGROUND
Resolution No. 5608 adopted on August 9, 2004, established the level in which informal bid procedures and purchases could take place up to $50,000.

On August 13, 2012, City Council adopted Ordinance 1865, which recorded the threshold by which the City Manager could sign a contract on behalf of the City without Council approval (assuming Council had already authorized the budget that would be used to pay the agreement) at $50,000.

ISSUES AND ANALYSIS
The purpose of this recommended revision to the powers and duties of the City Manager is to provide more operational efficiencies. Staffing in the City is not at the level needed to be able to provide the level of service our residents desire, and without additional revenues, the City will continue to need to do more with less. One operational efficiency opportunity is reducing the number of times that a staff report has to be created and submitted to City Council for approval of items that relate to the regular course of business.

The City of Upland's City Manager Powers and Duties section of the Upland Municipal Code (Section 2.04.070) currently authorizes the City Manager to "sign a contract on behalf of the city for the purchase of equipment, materials, supplies or services provided the expenditure for same is authorized by the current annual budget and the contract amount does not exceed $50,000 for any one vendor or professional in the same fiscal year. …The city manager shall notify the city council in writing at least once per month of the execution of any contracts executed by the city manager for the city."

The recommended ordinance would maintain the requirements for expenditures to be authorized by the current annual budget and require reporting of all contracts signed by the City Manager be provided to the City Council monthly.

The one change is revising the signing authority from $50,000 to $100,000.

It is unknown the length of time the current $50,000 City Manager signing authority threshold has been in existence.

While the Upland Municipal Code first recorded a threshold at the $50,000 level with Ordinance 1865 in 2012, signing authority thresholds are rarely memorialized by ordinance. It is more likely that the signing threshold was established by policy prior to being recorded in the Upland Municipal Code. It is possible the level was established in the purchasing policy in 2004 in conjunction with Resolution No. 5608 which established the informal bid procedures and purchases threshold at $50,000.

Regardless of the original establishment date, in the 11 years since 2012, CPI has increased by 35%, and in the 19 years since 2004, CPI has increased by over 65% and the cost of goods and services continue to increase. Staff recently reached out to the neighboring cities of Rancho Cucamonga, Fontana, and Ontario, and each of those cities have established $100,000 as the threshold by which a City Manager may approve and sign a contract on behalf of the City.

From July 2021 to June 2023, there were 24 staff reports that were brought to City Council for approval that were between the thresholds of $50,000 and $100,000 on an annual -year cost basis. Each of these items was placed on the consent calendar for approval and not pulled and rej ected or amended by City Council (see Attachment 2). Most of the attached examples include a professional services agreement or contract. If going to the City Manager for approval, the agreement is reviewed by the City Attorney’s Office and presented to the City Manager for signature.

When presenting a staff report to City Council for approval, a manager or department head usually drafts the staff report, with reviews by the City Clerk, City Attorney, City Clerk a second time, Finance Officer, Assistant City Manager, and City Manager. With a minimum of 4 hours spent by higher-level Staff to prepare and review the staff report going to City Council, the average cost of staff time per instance approaches $800.

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 of revising a signing authority threshold is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
With the approval of this ordinance the City will save approximately $10,000 in staff time annually. The fiscal impact of this item is limited to the publication of the Ordinance summaries and codification of the Ordinance into the Upland Municipal Code. These costs have been included in the City Clerk budget and no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a project.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AMENDING THE CITY MANAGER

POWERS AND DUTIES SECTION OF THE UPLAND

MUNICIPAL CODE

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

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

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

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

WHEREAS, the proposed revisions are detailed in the Staff Report and indicated in the redline document provided to the City Council.

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

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

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

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

“Section 2.04.070 Powers and duties.

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

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

Ordinance No.

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

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

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

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

Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

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

Ordinance No.

PASSED, APPROVED, AND ADOPTED this ____ day of _________, 2023.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the ____ day of __________, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the ____ day of __________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Date Vendor Action
Annual
Contract Amount
Total
Contract Amount Council Item
7/12/2021 Sunset Audio Visual Equipment purchase $83,577.56 $83,577.56 Consent Calendar 9/27/2021 Holliday Rock PO Approval $56,000.00 $56,000.00 Consent Calendar 9/27/2021 Transtech PSA for plan checking $60,000.00 $60,000.00 Consent Calendar 9/27/2021 HR Green PSA for plan checking $60,000.00 $60,000.00 Consent Calendar 9/27/2021 Willdan PSA for plan checking $60,000.00 $60,000.00 Consent Calendar 9/27/2021 MK Consulting PSA for fleet services $37,300.00 $186,500.00 Consent Calendar 10/25/2021 Nobel Systems Inc.PSA for GIS support $69,000.00 $207,000.00 Consent Calendar 12/13/2021 Keenan Benefits Broker PSA $58,000.00 $118,900.00 Consent Calendar 12/13/2021 DTA PSA for DIF Study $52,000.00 $52,000.00 Consent Calendar 12/13/2021 ADVANTEC PSA for traffic engineering $50,000.00 $250,000.00 Consent Calendar 12/13/2021 Commercial Door Co.Fleet garage door replacement $71,500.00 $71,500.00 Consent Calendar 5/9/2022 Baird + Driskell PSA for ADU website and materials $99,700.00 $99,700.00 Consent Calendar 6/13/2022 Lew Edwards Group PSA for communications $24,000.00 $72,000.00 Consent Calendar 6/13/2022 Commercial Door Co.Contract for Mag Rec glass doors $61,949.28 $61,949.28 Consent Calendar 6/27/2022 MK Consulting PSA for fleet services $37,300.00 $186,500.00 Consent Calendar 7/11/2022 Lexipol, LLC PSA for law enforcement manuals $17,552.00 $94,122.03 Consent Calendar 9/26/2022 Willdan PSA for debt issuance financial services $40,000.00 $120,000.00 Consent Calendar 9/26/2022 Willdan PSA for CFD administration $71,000.00 $213,000.00 Consent Calendar 10/24/2022 Thompson Plumbing Procurement for restroom equipment $60,000.00 $60,000.00 Consent Calendar 2/13/2023 Holliday Rock PO Approval $75,000.00 $75,000.00 Consent Calendar 2/27/2023 Staffing Network, LLC PSA for temporary staffing augmentation $100,000.00 $100,000.00 Consent Calendar 5/8/2023 Van Lant & Fankhanel, LLP PSA for professional auditing services $39,450.00 $203,500.00 Consent Calendar 6/12/2023 Richardson Body Shop PO Approval $55,000.00 $55,000.00 Consent Calendar 6/12/2023 Holliday Trucking, Inc.Lease agreement - Well 15 $61,957.92 $319,083.29 Consent Calendar