Upland City Council
November 27, 2023

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:'IEETING OF THE CITY COUNCIL
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Bill Vclto,Mayor
Carlos A.Garcia, Mayor Pro Tent- District 3 Michael Blay,City Manager James Rreitlins,Counrilmenther- District 2 Stephen P. Deitnrh,City Attorney Shannon Maust,Cnn»cilnreinher - Distrirt I Keri Johnson, City Clerk Rudy Zunlga, Councilnicntber- District 4
Monday, November 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 5:00 p.m.

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

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496 b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. 2:18-mn-2873-RMG
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Government Code Section 54957
Title: City Manager
d. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch
Unrepresented Employee: City Manager

5. INVOCATION
Deacon Richard Simpson, St. Anthony's Catholic Church

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Presentation on the 2023 Hometown Holiday Parade & Faire

8. CITY ATTORNEY

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

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

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

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

Recommended Action:

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

Approve the Regular Meeting Minutes of November 13, 2023. (Staff Person: Keri

Johnson)
b. 2ND READING OF ORDINANCE NO. 1983 IMPLEMENTING SENATE BILL 998 11

DISCONTINUATION OF RESIDENTIAL WATER SERVICE POLICY
Recommended Action:

Hold second reading by title only, waive further reading, and adopt Ordinance No. 1983 repealing and replacing Chapters 13.12.030 through 13.12.100 and Chapter 34 of Title 13 of the Upland Municipal Code relative to the implementation of the City's Senate Bill 998 Policy on Discontinuation of Water Service Due to Nonpayment. (Staff Person: Stephen Parker)
c. CONSIDER APPROVAL OF AN AGREEMENT WITH KEENAN & ASSOCIATES 25

AS THE CITY'S THIRD-PARTY ADMINISTRATOR FOR THE WORKERS'

COMPENSATION PROGRAM
CEQA: Not a Project
Recommended Action:

Approve a professional services agreement with Keenan & Associates to serve as the City's Third-Party Administrator for the Workers' Compensation Program for the period of January 1, 2024 through June 30, 2026; and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker) d. CONSIDER ADOPTING A RESOLUTION AMENDING THE ADMINISTRATIVE 43

CITATION FINE SCHEDULE
CEQA: Not a Project
Recommended Action:

Adopt a Resolution amending the administrative citation fine schedule by adding an administrative fine for violation of the Upland Municipal Code section

13.12.060(B). (Staff Person: Stephen Parker)
e. CONSIDER APPROVAL OF PROCUREMENT OF CONCRETE TABLES FOR 57

CITY PARKS AND THE APPROPRIATION OF ARPA FUNDS
CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301
Recommended Action:

Approve the procurement of concrete tables from Outdoor Creations, Inc. in the amount of $116,973.40; approve the appropriation of $123,000 in unbudgeted ARPA funds to make the purchase; and authorize the City Manager to execute any necessary documents to complete the purchase. (Staff Person: Stephen Parker)
f. CONSIDER ADOPTING A RESOLUTION AMENDING THE CITY'S WATER 62

SHUTOFF POLICY
CEQA: Not a Project
Recommended Action:

Adopt a Resolution amending the City's written policy regarding Discontinuation of Residential Water Service Due to Nonpayment (Water Shutoff Policy). (Staff Person: Stephen Parker)

g. RESOLUTION OF INTENTION TO SELL PROPERTY AT THE SOUTHWEST 78 CORNER OF WASHINGTON BLVD. AND SIXTH AVENUE (APN 1046-433-25)

AND SET PUBLIC HEARING DATE
CEQA: Not a Project
Recommended Action:

Adopt a Resolution of Intention finding that public interest and convenience require the sale of certain real property, declaring its intent to sell such property, setting a public hearing date for consideration of protests, and finding that the same does not constitute a "project" and is not subject to review under the California Environmental Quality Act. (Staff Person: Robert Dalquest) h. CONSIDER APPROVAL OF AN AGREEMENT WITH MICHAEL BAKER 88 INTERNATIONAL, INC. TO COMPLETE THE 2021-2029 6TH CYCLE HOUSING

ELEMENT UPDATE
CEQA: Not a Project.

Recommended Action:

Approve the professional services agreement with Michael Baker International, Inc. in the amount of $78,000 to complete the 2021-2029 6th Cycle Housing Element Update, pursuant to State Planning and Zoning Law; and authorize the City Manager to execute the agreement. (Staff Person: Robert Dalquest) i. CONSIDER APPROVAL OF TRACT MAP 20519 AND SUBDIVISION 109 AGREEMENT, LOCATED AT 1400 ARROW HIGHWAY
CEQA: An Initial Study and Mitigated Negative Declaration was prepared pursuant to Sections 15063(c) and 15070 of the California Environmental Quality Act Guidelines. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the Project
Recommended Action:

Approve Tract Map 20519 for recordation and authorize the City Manager to sign the subdivision agreement. (Staff Person: Braden Yu)
j. TREASURER'S REPORT OCTOBER 2023 159
CEQA: Not a Project.

Recommended Action:

Receive and file the October 2023 Treasurer's Report. (Staff Person: Stephen Parker)

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

a. CONSIDER REAL PROPERTY PURCHASE OF 650 DIAMOND COURT 176 CEQA: Categorically exempt.

Recommended Action:

Approve the proposed purchase and sale agreement for real property acquisition and rehabilitation of 650 Diamond Court, Upland and if approved, authorize the City Manager to execute all related documents to effectuate the acquisition and rehabilitation of the property. (Staff Person: Robert Dalquest)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The City Council will adjourn in memory of Bob Waggoner, Upland resident. The next regularly scheduled City Council meeting is Monday, December 11, 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, 909-931-4120.

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 November 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

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL November 13, 2023
7:00 p.m.

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, Assistant City Attorney Thomas Rice, 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 6:00 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 6:00 p.m.

4. CLOSED SESSION
At 6:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 1,400 square foot parcel located on the east side of Grove Avenue, approximately 470 feet north of Foothill Boulevard in the City of Upland (Assessor Parcel Number: 0207-462-02)
City Negotiators: City Manager Michael Blay and Development Services Director Robert Dalquest
Negotiating Party: Jonathan K. Cornelius, Fore Property Company Under Negotiation: Price and terms of payment
b. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Manager
1

The City Council reconvened in open session at 7:00 p.m.

5. INVOCATION
Jim Thomas, Church of Jesus Christ Latter-day Saints

6. PLEDGE OF ALLEGIANCE
Led by Junior Girl Scout Troop 3564

7. PRESENTATIONS
Presentation of Certificates of Recognition to Upland Hilltoppers All Star 8U girls softball team taking first place in the Upland All Star Tournament.

Presentation of Certificates of Recognition to Upland Hilltoppers 10U girls softball team for their advancement to the Western Nationals Tournament.

Presentation of Certificates of Recognition to Upland Hilltoppers 14U girls softball team for taking second place at the C District Championships and advancing to the California State Games.

Proclamation declaring Saturday, November 25, 2023 as Small Business Saturday, accepted by the Historic Downtown Upland Merchant's Association.

8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received reports on Closed Session items and there was no reportable action.

9. ORAL COMMUNICATIONS
Emily Cadzow, Upland High School bagpiper introduced the Upland Highland Pipe Band and invited the community to attend their pipe concert.

Jim Thomas, Upland, expressed thanks for the Council's support at a recent Lion's Club vision screening event and provided information on the number of citizens that were served at the event.

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

Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of October 23, 2023 and the Special Workshop Minutes of October 30, 2023.
b. CONSIDER ADOPTING A RESOLUTION APPROVING A TICKET

DISTRIBUTION POLICY
2

Adopt Resolution No. 6748 approving a Ticket Distribution Policy Pursuant to Fair Political Practices Commission Regulation 18944.1.
c. CONSIDER ADOPTING A RESOLUTION ESTABLISHING AN ELECTRONIC

SIGNATURE POLICY
Adopt Resolution No. 6749 establishing an Electronic Signature Policy for select City documents to provide City Staff and external partners with an alternative method to secure legally binding signatures and authorizations. d. CONSIDER APPROVAL OF CITY PROSECUTOR AGREEMENT WITH CIVICA

LAW GROUP, APC
Terminate the legal services agreement with Silver & Wright LLP and enter into a new legal services agreement with Civica Law Group, APC. e. CONSIDER ACCEPTANCE OF THE 2020 JUSTICE ASSISTANCE GRANT AND

APPROPRIATE THE FUNDS
Accept the City's share of the 2020 Justice Assistance Grant award in the amount of$15,597 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan, direct Finance to allocate the grant funds to Fund 219; and authorize the Police Chief to execute any and all documents necessary to implement the grant.
f. CONSIDER AWARD OF BID FOR PROJECT NO. 92101 & 92109, RESERVOIR R-2 & R-16 OVERFLOW AIR GAP INSTALLATION PROJECT (BID NO. 2023- 10)
Approve the plans and specifications for Project No. 92101 & 92109 Reservoir R- 2 & R16 Overflow and Air Gap Installation; award a construction contract to T.E.

Roberts, Inc in the amount of $105,252; approve a construction contingency in the amount of $15,748 for a total amount of $121,000; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority.
g. CONSIDER ACCEPTANCE OF ACTIVE TRANSPORTATION PROGRAM

GRANT AWARD
Accept the Active Transportation Program Cycle 6 grant award (#42101) of $300,000 and appropriate the funds.
h. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR

A CITYWIDE TRAFFIC SIGNAL SYSTEM ASSESSMENT & MASTER PLAN Award a professional services agreement with Advantec Consulting Engineers, Inc. for a Citywide Traffic Signal System Assessment and Master Plan in the amount of $169,190; approve a contingency in the amount of $2,810, for a total amount of $172,000; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority.

APPROVAL OF OCTOBER WARRANT AND PAYROLL REGISTERS
Approve the October warrant registers (check numbers 45295-45629 and direct disbursements totaling $8,128,825.13 and payroll registers totaling 3

$1,753,760.93 (check numbers 163525-163025 and electronic fund transfers 43308-43842).
j. REPORT ON 2023 LEMON FESTIVAL FINANCIALS
Receive and file the Soundskilz Inc. Profit and Loss Statement relating to the 2023 Upland Lemon Festival and approve a budget adjustment increasing revenues and expenses by the $23,612.98 the City is receiving from the event.

CONSIDER APPROVAL OF SALARY RANGE ADJUSTMENT FOR BUSINESS

LICENSE INSPECTOR JOB CLASSIFICATION
Approve the salary range adjustment for the Business License Inspector job classification from Salary Range 23 ($49,847.63-$63,619.61) to Salary Range 25 ($52,371.17-66,840.36).
k. CONSIDER APPROVAL OF PROCUREMENT OF CONCRETE TABLES AND

WASTE RECEPTACLES FOR CITY PARKS USING ARPA FUNDS
Council questioned whether the funds for trash receptacles could instead be used for additional picnic tables at Sierra Vista and Magnolia Parks.

Assistant City Manager Parker answered questions posed by the Council regarding the purchase of additional tables and the existing tables at City parks.

Public Works Director Yu provided information regarding the ongoing maintenance issues with the powder coated trash receptacles currently used in the parks and prioritization of parks for picnic table replacement.

There was discussion regarding the total number of tables needed to replace all tables in City parks.

Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Approve the procurement of concrete tables and waste receptacles from Outdoor Creations Inc. in the amount of $89,992.80; and authorize the City Manager to execute any necessary documents to complete the purchase.

Motion: Carried Unanimously

11. PUBLIC HEARINGS
a. IMPLEMENTATION OF SENATE BILL 998 DISCONTINUATION OF

RESIDENTIAL WATER SERVICE POLICY
Assistant City Manager Parker and Accounting Technician Chan presented the staff report along with a PowerPoint presentation.

Assistant City Manager Parker answered questions posed by the Council regarding past due accounts and water shutoff for tenant occupied properties.

Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
4

Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve Resolution No. 6750 adopting the City's written policy regarding Discontinuation of Residential Water Service Due to Nonpayment.

Hold first reading by title only, waive further reading, and introduce Ordinance No. 1983 repealing and replacing Chapters 12.030 through 12.100 and Chapter 34 of Title 13 of the Upland Municipal Code relative to the implementation of the City's Senate Bill 998 (SB 998) Policy on Discontinuation of Water Service Due To Nonpayment.

Motion: Carried Unanimously

12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Mayor Velto reported on his attendance of the Mayor's conference in Riverside and a meeting of Mayors with the HUD representative for California and other western states.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including events they attended.

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:20 p.m. The next regularly scheduled City Council meeting is Monday, November 27, 2023.

Keri Johnson, City Clerk
5

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DATE: November 13,2023 Ord No, % G AND ADOPTI®N TO: MAYOR AND CITY COUNCIL �� Da to f /
FROM: MICHAEL BLAY,CITY MANAGER tem No.D6,
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

TRACY SENDLDORFER,CUSTOMER SERVICE&UTILITY BILLING SUPERVISOR

DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: IMPLEMENTATION OF SENATE BILL 998 DISCONTINUATION OF RESIDENTIAL

WATER SERVICE POLICY
RECOMMENDED ACTION:

It is recommended that the City Council take the following actions:approve a Resolution adopting the City's written policy regarding Discontinuation of Residential Water Service Due to Nonpayment, hold first reading by title only, waive further reading, and introduce an Ordinance repealing and replacing Chapters 12.030 through 12.100 and Chapter 34 of Title 13 of the Upland Municipal Code relative to the implementation of the City's Senate Bill 998(SB 998)Policy on Discontinuation of Water Service Due To Nonpayment.

GOAL STATEMENT
The proposed action supports the City's goal of providing excellent and continuous water service to its residents and becoming compliant with the requirements of Senate Bill 998.

BACKGROUND
Senate Bill 998(SB 998)
The Water Shutoff Protection Act(SB 998)became effective February 1,2020. The intent of SB 998 is to minimize the number of Californians who lose access to water service due to the inability to pay for its usage.

SB 998 requires water service providers to adopt a written policy concerning discontinuation of residential water service for nonpayment(Water Service Discontinuation Policy). The policy must prohibit water service shutoff due to nonpayment for any residential customer who has been delinquent less than sixty(60)days and must be published on the agency's website in English, Spanish,Korean,Vietnamese,Tagalog, and Chinese(Mandarin).

Additionally,the policy must prohibit discontinuation of water service for any residential customer who has a financial hardship under the guidelines set forth by the legislation and must discuss options to avert discontinuation of water service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of unpaid balance, and procedures for petition for bill review and appeal.

The policy must also prohibit water service shutoff if all the following conditions are met by the customer:
• Health Conditions - The customer submits certification of a "primary care provider," as defined in the Welfare and Institutions Code Section 14088(b)(1)(A), stating discontinuation of residential water service will be life threatening to or pose a serious threat to the health and safety of a person residing at the property; • Financial Inability - The customer demonstrates that he or she is financially unable to pay for residential water service within the normal billing cycle. A customer is financially unable to pay if any member of the customer's household is a current recipient of CalWORKS, CalFresh, general assistance, Medi-Cal, Supplement Security Income/State Supplemental Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's income is less than 200%of the federal poverty level;and
• Alternative Payment Options-The customer is willing to enter into one of the following alternative payment options to be selected by the City, in its sole discretion: (i) an amortization agreement, (ii) an alternative payment schedule,or(iii)a temporary deferred payment plan,with respect to all delinquent charges to avoid discontinuation of water service.

In addition,SB 998 places a limit on the amount of fees that may be charged on customers who demonstrate that their household income is below 200%of the federal poverty line. In such situation,the City must set its reconnection fee, during normal operating hours, at $50.00, and during non-operation hours, at $150.00, but not to exceed the actual cost of reconnection.

No-Shutoff Policy
Prior to SB 998 and the start of the COVID-19 pandemic in March 2020,the City's utility bill payment procedure was as follows: payment of a utility bill was due twenty-five (25) days after the bill date. A penalty fee of$15.75 was applied to an account if the utility bill was not paid within forty-five (45) calendar days of the bill date. If payment was not received within fifty-two(52)calendar days,the water utility service was scheduled for shutoff.

Soon after SB 998 became effective, the COVID-19 pandemic caused severe hardships for customers and on City personnel. In April 2020, due to the growing COVID-19 crisis at the time, Governor Newsom issued an executive order completely restricting water shutoffs. All of these factors made implementation of a SB 998 Water Service Discontinuation Policy impracticable at the time. Instead, the City adopted a No-Shutoff Policy, whereby water service accounts would never be shutoff, even for serious delinquency. The No-Shutoff Policy remains effective to the present.

Lien Procedure for Delinquent Accounts
In 2014, the City adopted Ordinance 1883, which added Chapter 34 to Title 13 of the Upland Municipal Code, allowing the City to pursue payment of delinquent utility accounts by adding the delinquent amounts as a special assessment lien added to the county tax roll. However,the City did not pursue collection on tenant accounts through this process until and unless tenants ceased their tenancy and the water service account reverted to the property owner.

This often left the property owner with large, surprise delinquent bills.

ISSUES AND ANALYSIS
The combination of the financial hardships caused by the COVID-19 pandemic on water service customers, issues affecting the City's staffing,and the City's No-Shutoff policy have created a growing financial issue.

The City water utility system provides water service to over 19,500 accounts. In 2020 there were approximately 217 delinquent accounts with a combined total delinquent balance of$38,698. Since then,and for the reasons previously stated, the number of delinquent accounts has grown dramatically. As of July 2023, there were 764 delinquent accounts with a combined total delinquent balance of$1,231,416. The average delinquent balance is currently$1,611.

Additionally,many accounts that previously had good payment history have become delinquent,as abuse of the City's No-Shutoff Policy has become widespread.

The City needs to become compliant with SB 998 and requires a method to address the growing problem of delinquent water service accounts. Staff recommends the City take the following actions:

1. Adopt a written Discontinuation of Residential Water Service Policy and make the policy available on the City website in English, Spanish,Korean,Vietnamese, Tagalog, and Chinese (Mandarin). This policy will include the following:
a. Establish a mechanism for monthly delinquency notices and delinquency fees to be delivered to water service account customers and landlords(in the case of tenant accounts); b. Establish that the City may address delinquent water accounts by the following options:
i. Collection by addition special assessment lien added to the county tax roll pursuant to Chapter 34 of Title 13 of the Upland Municipal Code; or ii. through water service shutoff,subject to SB 998 requirements. c. In the event of water service shutoff:
i. Establish a formal mechanism for a customer to contest or appeal a bill; ii. Limit certain low-income customer's normal operating hours reconnection fee to $50.00 and non-operational hours reconnection fee to$150.00;
d. Report on the City's website at the beginning of the fiscal year the number of annual discontinuation/shutoffs of residential service for inability to pay.

2. Repeal and replace Chapters 12.030 through 12.100 of Title 13 of the Upland Municipal Code such that the City:
a. Establishes that property owners are the only eligible applicants for water service accounts; b. Makes clear that property owners are legally liable for payment on their delinquent accounts;

c. Makes clear that delinquent water service accounts will be governed by the lien procedure stated in Title 13 Chapter 34 of the Upland Municipal Code; and
d. Makes other de minimis corrections to the form and language of the chapter.

3. Repeal and replace Chapter 34 of Title 13 of the Upland Municipal Code such that the City:
a. More clearly states the City's intention and ability to pursue delinquent utility service charges through the recordation of a special assessment lien and collection of these charges by their addition to the county tax rolls.
b. Makes other de minimis corrections to the form and language of the chapter.

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
A positive but undeterminable fiscal impact to the City's water fund is anticipated as a result of this action. Once procedures are in place, the City can reduce the substantial delinquent balance on water service accounts.

Additionally, it is expected that the number of delinquent accounts will begin to decline as a result of these changes in policy.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

ORDINANCE NO. 1983

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND REPEALING AND REPLACING SECTIONS 13.12.030
THROUGH 13.12.100 AND CHAPTER 13.34 OF TITLE 13 OF

THE UPLAND MUNICIPAL CODE
WHEREAS, Senate Bill 998 (SB 998) became effective on February 1, 2020, prohibiting the discontinuation of water service for nonpayment of any residential customer who has been delinquent less than 60 days; and WHEREAS, SB 998 requires the establishment of a written Discontinuation of Water Service Due to Nonpayment Policy to be made available on the City's website in English, Spanish, Korean, Vietnamese, Tagolog and Chinese (Mandarin); and WHEREAS, during the COVID-19 pandemic, the City followed an informal policy refraining from any discontinuation of water service for any reason (No-Shutoff Policy), including nonpayment in order to remain compliant with the goals of SB 998; and WHEREAS, the City Council of the City of Upland has previously adopted Ordinance No. 1883 electing to have delinquent water and sewer service charges collected on the tax roll, including the addition of chapter 13.34 of Title 13 to the Upland Municipal Code relating to liens imposed for unpaid water and sewer service charges; and
WHEREAS, the City Council finds that allowing water service accounts to be placed in the name of tenants rather than property owners limits the effects and efficiency of both chapter 13.12 and 13.34 of Title 13 of the Upland Municipal Code and the water service application process; and
WHEREAS, the City Council finds that the number of delinquent accounts has increased significantly as a combined result of the after-effects of the COVID-19 pandemic, the City's No-Shutoff Policy, and the limited efficiency of chapters 13.12 and

13.34 of Title 13 of the Upland Municipal Code; and
WHEREAS, the City Council finds that the growing costs incurred by the City in providing water and sewer services to property owners and tenants who fail to pay for these services significantly detracts from the City's ability to provide other necessary services to the public; and
WHEREAS, Health and Safety Code Section 5470, et seq., authorizes the City to secure a lien upon a property receiving water and sewer services that has delinquent water and sewer service charges if, among other procedural requirements, the City elects to have such charges collected on the tax roll; and WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred.

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

Ordinance No. 1983

Section 1. Section 13.12.030 through Section 13.12.100 of Chapter 13.12 of Title 13 of the Upland Municipal Code are hereby repealed and replaced with the following:

13.12.030 Management of advance payments, billing, collection and accounting for water.

The functions of advance payments, billing, collection and accounting for water services shall be performed by the finance division of the city. (Prior code § 7720.2)

13.12.040 Administrative manual.

The day-to-day administrative activities of the water division shall be governed by an administrative procedures manual, which shall be established and from time to time shall be amended, subject to the direction of the public works director and with the approval of the city manager. (Prior code § 7720.3)

13.12.050 Water rates.

A. Water for Supplying Consumers. Water shall be measured through meters installed by the water division at the expense of the consumer, and rates shall be set from time to time by resolution approved by the members of the city council.

B. Standby Service. Charges shall be set from time to time by resolution approved by the members of the city council.

C. Prorating of Charges for Water. There shall be a prorating of commodity charges for water on all opening and closing bills, and the full bimonthly standby service charge shall apply to service rendered and water supplied during any billing period or portion thereof.

D. No Rebate Until Notified. No allowance or rebate shall be made in the water rate charged against any premises so long as the water remains connected therewith, and the full rate shall be charged against any and all property or premises as herein specified until the finance division has been notified by the owner or consumer to shut off the water therefrom.

E. Vacant Dwellings. In case a premises becomes vacant, the regular minimum rates shall be charged and no refund or discount shall be made until the finance division has been notified by the owner or consumer to shut off the water.

F. Outside City Limits. For water furnished to any consumer outside the city limits rates shall be set by resolution approved by the members of the city council from time to time. The council may, however, provide by written agreement with any city, county, or other governmental agency the rate to be charged and said rates shall be as set forth in the said resolution. Consumers outside the city limits receiving the city water are subject to all rules and regulations as set by this division to obtain water service.

G. Current Water Charges.

1. For the supplying of customers, water shall be measured through meters installed by the water division at the expense of the consumer and the rates shall be set from time to time by resolution approved by the members of the city council.

2. Discount. A discount, set by separate resolution of the city council, will be provided to those individuals whose household income meets the qualifying income limit and who have submitted completed applications to the finance division, along with a copy of documentation to verify their income eligibility. The income eligibility level shall be based upon the federal document which shows income limits for San Bernardino County within the very low income range.

Ordinance No. 1983

H. Units-Served Charge. For multiple services from a single meter there shall be an added monthly charge for each additional unit served over one. For purposes of administration, an added unit shall be: (1) each residential dwelling comprising duplexes, triplexes, apartment buildings and separate houses; (2) each separate occupancy comprising professional centers, commercial centers, industrial parks, or combinations thereof; (3) each unit space in a mobile home park or trailer park. The units-served charge shall be in addition to the standby service charge based on the meters size for the first unit, plus an additional charge per month for each additional unit served. The units-served charge shall be set from time to time by resolution approved by the members of the city council.

I. Temporary Water Meters. For water to be used on construction of buildings, the same rate is established as set forth in subsection G of this section, provided that an application must be made for such water to the water division which shall have installed a meter through which water must be used and measured. The installation of such a meter shall be paid for by the applicant before any water shall be turned on. The cost of the installation shall be set from time to time by resolution approved by a majority vote of the members of the city council. Temporary meters shall be installed for a period of time not to exceed 120 days. (Prior code § 7720.4)

13.12.060 Application for service.

A. Eligible Applicants:

1. Single-Family & Multi-Family Residences (4 dwellings or less): Property Owner.

2. Apartments, Commercial, Industrial and Landscape: Property Owner / Property Manager or Commercial/Industrial Tenant.

B. The consumer must contact the finance division and provide all requested applicable information such as Buyer's Final Settlement Statement, Lease Agreement, and/or Property Management Agreement in order to provide service for water supplied to any premises when water is turned on by the city for any purpose. Separate requests to supply service are required for each service address serviced by a separate metering device and such necessary information as is required such as Social Security Number, Driver's License Number and/or Passport Number must be furnished to the finance division of the city. No service shall be granted until all requested information has been provided to the finance division.

C. Notwithstanding subsection (A) above, if a property owner or property manager of a residential service address has been notified that the account is in arrears and service will be terminated, the authorized residential occupants may request to become consumers to whom the service will then be billed without being required to pay the owner or manager's delinquent amount. The occupant(s) applying for service shall agree to all standard terms and conditions and meet the city's application requirements. Additional procedures and requirements may be set forth in the city's Discontinuation of Residential Water Service Policy.

13.12.070 Security deposits.

A. Security Deposit Required. Each applicant for utility services to be provided by the city within or outside of the corporate limits of the city, and any customer re-establishing utility service following termination for non-payment, is required to pay a security deposit in an amount no less than the estimated bimonthly bill for water, refuse collection and/or sewer service, as established by resolution of the

Ordinance No. 1983

city council. The term "security deposit" means and includes "advance payment(s)" as that term is used elsewhere in this title.

B. Refund of Security Deposit.

1. The security deposit will be retained in an interest-free account. Upon closure of a utility account the security deposit will be applied towards any balance remaining on the account, and the remainder, if any, will be refunded to the customer.

If a balance remains due after crediting the security deposit, the amount of the balance will be due upon written notice to the customer.

C. Restrictions on Transfer of Services and Security Deposit.

1. Except as provided herein, no utility service or security deposit shall be transferred from one party to another. It shall be the responsibility of the utility user to notify the city in writing of the date discontinuance of service is desired and failure to do so shall render the user liable for all utility charges incurred until such notice is received. This provision shall not relieve a new customer or occupant of a residence or other place where city utility service is desired of the responsibility to apply for service.

If at any time the city becomes aware that a customer has been receiving services without having properly applied for the same, such services shall be immediately discontinued until the customer provides a proper, complete application for service.

Such customer shall be liable and charged for any services received from the date of commencement of the use, to the extent such date may be ascertained. If it cannot be ascertained, charges for utility services shall be made from the date of the last regular meter reading or other determination of usage.

2. Notwithstanding the foregoing, a residential customer shall be allowed to transfer services and/or any security deposit to an immediate member of the customer's family (i.e., spouse, sibling, child or parent) residing at the same premises when made necessary due to death or divorce (i.e., final divorce decree has been entered) of the customer of record. Such transfer shall be permitted provided that a written request by such spouse or relative to assume the original customer's obligation to pay utility charges is filed with the city no less than 10 business days after the death or effective date of divorce. The request shall be made under penalty of perjury on a form provided by the finance division, and shall explain in full the circumstances necessitating the transfer of the security deposit and utility service, and shall further represent that the transferee satisfies the requirements of this section in all respects.

The city shall have the right to require further evidence in support of the requested transfer, where deemed necessary under the circumstances. Provided the request for approval or transfer complies in all respects with the requirements of this section and the account is not delinquent, then the city will revise its records and future billings to show the transferee as the "customer" on the original account and the transferee shall immediately become responsible for payment of future, current and any past due bills for service. Furthermore, by requesting transfer of a security deposit and/or utility services, the transferee expressly agrees to comply with and be governed by the provisions of this title. Any person who knowingly makes a false statement to the city in order to obtain approval of a transfer of a security deposit and/or utility service shall be guilty of a misdemeanor. (Prior code § 7720.6)

13.12.080 Billing.

Ordinance No. 1983

A. When Issued. Regular billing for water and other utility services may be issued bimonthly or monthly, as may be deemed appropriate by the city manager and finance director of the city.

B. When Due. All charges for water and other utility services shall be due and payable upon presentation. If payment is not received in Upland City Hall, or such other location as may be established by resolution, prior to 6:00 p.m. on the 25th day after presentation, the charges are delinquent and subject to additional charges and penalties as scheduled by separate resolution of the city council. Failure to receive a bill or statement of account does not relieve the consumer of liability.

C. Property Owner Legally Liable for Payment. The consumer receiving service is liable for water and other such utility service charges as billed until the city is notified to discontinue service. Should charges for utility services become delinquent, the legal owner of the property will be notified, and it shall be the final responsibility of the property owner to remedy the delinquency unless otherwise prohibited by applicable law. If charges remain delinquent for 60 days, such charges shall constitute a lien against the lot or parcel of land within the city or outside the limits of the city, against which the charge was imposed and for which services were rendered. This lien will be placed upon the service address pursuant to UMC 13.34 and collected by addition to the county tax roll.

D. Finance Director and/or the Public Works Director May Adjust. The finance director and/or the public works director or designee may, in their discretion, adjust bills for the purpose of reflecting their reasonable opinion of actual water usage and/or other charges and all persons affected shall have the right to appeal any such determination to the city council and a decision of the council with respect thereto shall be final and conclusive as to all parties. (Ord. 1883 § 4, 2014)

13.12.090 Discontinuance and restoration of service.

A. Consumer About to Vacate Premises. Each consumer about to vacate any premises supplied with water service by the water division and/or finance division shall give advance notice of his or her intended removal, specifying the desired date for discontinuing service; otherwise, he or she will be held responsible for water service furnished to such premises until the water division and/or finance division shall have notice for such removal.

B. Division's Right to Discontinue Service.

1. For Failure to Comply with Regulations. If a consumer or owner fails to comply with the provisions of this chapter or the regulations of the division after 48 hours' notice thereof, the division may forthwith discontinue water service to such consumer or owner until full and complete compliance is obtained.

2. For Improper Disposal of Water. Any person who, as owner or tenant of any premises, fails, refuses, or neglects to equip and maintain such premises with plumbing of such character, quality, and design as to assure that water will be disposed of into a disposal system acceptable to the city, shall 48 hours after being served by written notice of such intention, have all water service discontinued pending such improvements.

3. For Wastage of Water. Any person who wastes, causes, permits or allows to be wasted any water in any cooling system, ornamental foundation or other device of any kind whatsoever, may after service of 48 hours' notice of intention have all water service discontinued or may be subject to the penalties under the provisions of Section

13.16.020 of the Upland Municipal Code.

Ordinance No. 1983

4. For Refusal to Admit Employee to Inspect. Any person who as owner or occupant of any premises refuses admittance to, or hinders or prevents inspection by an authorized employee of the division may, after service of 24-hour notice of intention, have all water discontinued.

5. For Nonpayment of Bill. If water and other utility charges are not paid as previously set forth then the city will adhere to the city's Discontinuation of Residential Water Service Policy. The city council may, by resolution or motion, adopt or amend a Discontinuation of Residential Water Service Policy, which will comply with the provisions of Health & Safety Code Section 116900, et seq., and Public Utilities Code Section 10009, et seq. The policy may include, but may not be limited to, provisions concerning discontinuation of service, notification, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income consumers, procedures for becoming a consumer under specified circumstances, and related matters.

6. Turn-off or turn-on of service when requested by the consumer for the closing of an old account or the beginning of a new one will be supplied at no charge to the consumer, provided such request is placed with the finance division at least 24 hours prior thereto in order to effect discontinuance or restoration of water service.

Requests for service connections after normal working hours and/or on weekends will be subject to fees set by separate resolution of the city council. Exceptions may be made by the public works director or designee in his or her discretion where he or she finds that discontinuance of service would jeopardize the health, safety and welfare of the water consumer.

C. Only Public Works Director May Turn Water On. No person shall tap, open or connect to, or cause, permit or allow to be turned on, in any way, any water after the same has been turned off by the public works director.

D. Restoration of Service. Upon failure to comply with regulations of the division, to pay charges, or to comply with any charge or penalty imposed for failure as herein provided, water services may be turned off until the regulations are complied with and/or penalty payments are made in the amount due. To restore service an amount as set by separate schedule and resolution enacted by the city council will be collected to defray the cost of turning water service back on. In the event the consumer turns on the water service or suffers or causes it to be turned on after it has been turned off for any of the above reasons, the department may again turn off the water service and remove the meter. The costs incurred for this additional expense shall be commensurate with the cost of this service and shall be determined and charged by the public works director or designee. In any case, if the meter is removed for cause, additional charges as set by separate resolution may be incurred by the consumer. The consumer's account may then be closed by the finance department and any advance payments applied against this closing bill.

E. Returned Checks. Any account for which payment is made by check and for which check is returned by the bank on which it was drawn shall be considered as unpaid and subject to charges for handling as set by separate schedule. Consumers who have had checks returned by the bank may be subject to request for payment by cash, credit card or money orders only, at the discretion of the finance director. (Prior code § 7720.8)

13.12.100 Meters.

A. Consumer Dissatisfaction with Meter—Meter Testing. In case of dissatisfaction with the registration of any meter, the consumer shall make a written

Ordinance No. 1983

complaint to the water division, and pay a deposit in an amount as set by separate resolution of the city council enacted from time to time, which deposit will be returned and the water bill adjusted in an equitable manner in case the meter shall be found to register over three percent more than actually passes through it. If the meter is found to be accurate within three percent, the deposit shall be forfeited to the city and the water bill paid as rendered.

B. Meter Failure. If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season, as shown by the meter when in use and registering accurately.

C. Installation and Perpetual Maintenance of Meters and Laterals. The water division shall determine and make charges for the installation and perpetual maintenance of meters and service laterals. Upon the filing with the water division of a written application by a property owner and the payment to the water division of the required charge for a meter, the water division will make a connection for such property owner to the city water main; such connection shall be laid to the inside of the curb line in front of applicant's property or the side or rear of the same, provided there is a city main passing along the street in front of or at the side or at the rear of such property.

Where there is no water main in front of, at the side of or to the rear of applicant's property, applicant shall install at his own expense.

D. Meter City Property. All services and all water meters installed by the division shall, at all times, remain the property of the division. The expense of maintenance, repair and renewal of such meters due to the wear of normal service shall be borne by the division. Provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer, or any member of the consumer's family, or any person in the consumer's employ, shall be charged to such consumer.

E. Unlawful to Tamper with Meter or Break Seals. No person shall tamper with, remove, cause, permit, or allow to be tampered with or removed, any meter where the same has been attached to any service, or break, cause, permit, or allow to be broken any meter seal. If such tampering or breaking occurs, the division shall impose a penalty set by separate resolution of the city council and may remove the meter.

F. By-Pass Connections Unlawful. Any by-pass or connection around the meter between the service and the main shall be prohibited and such service shall be subject to discontinuance without prior notification. All water used shall pass through the meter.

G. Unlawful to Cover Meter Box. It is unlawful at any time to cover meter boxes with trash, rubbish, dirt or other foreign matter, to permit ivy or other shrubbery to grow over meter boxes, or to park automobiles or other vehicles over meter boxes.

If the city's water meter reader is unable to read the meter in the normal course of his or her work because of any of the above, an estimated reading for a comparable period will be estimated and billed to the consumer. Additionally, if the consumer permits a dog or other animal to prohibit the meter reader from reading the meter of the consumer, then the consumer's meter may be billed on an estimated basis for a comparable period of time in which the meter reader is effectively prevented from reading the meter. (Prior code § 7720.9)
Section 2. Chapter 13.34 of Title 13 of the Upland Municipal Code is hereby repealed and replaced with the following:

13.34.010 Definitions.

As used in this chapter, the following terms shall have the following definitions:

Ordinance No. 1983

"City" shall mean the city of Upland.
"City clerk" shall mean the city clerk of the city of Upland. "City council" shall mean the city council for the city of Upland. "County" shall mean the county of San Bernardino.
"County auditor" shall mean the auditor-controller for the county of San Bernardino.
"County recorder" shall mean the recorder for the county of San Bernardino. "County tax collector" shall mean the tax collector for the county of San Bernardino.
"Current assessment roll" shall mean current tax assessment roll for the county of San Bernardino.
"Delinquent service charges" shall mean service charges for water and/or sewer and/or trash collection services, including any associated penalties and fees, that remain unpaid for sixty (60) days or more.
"Hearing"shall mean a proceeding before the Upland city council where protests and objections to the report may be heard and where the council may adopt, revise, change, reduce or modify any charge or overrule any or all objections to the charges contained in the report.
"Newspaper"shall refer to any newspaper of general circulation within the city of Upland.
"Property owner" shall mean the person, persons, or entity that is listed on the San Bernardino County Current Equalized Assessment Roll as the owner or owners of the subject property.
"Report" shall mean the report described in Section 13.34.030. (Ord. 1891 § 7, 2015)

13.34.020 City may record lien for collection on current assessment roll.

Except as otherwise allowed by law, in the event of delinquent service charges, the City may at its discretion elect to record an assessment lien on the property to which said charges have been imposed in the amount of the delinquent service charges and any associated penalties and fees. The City shall collect such charges by their addition to the current assessment roll pursuant to the procedures set forth in this chapter, or any other applicable procedures under state law.

13.34.030 Report of delinquent service charges.

The city shall cause to be created and filed with the city clerk a report proposing the collection of delinquent service charges to be collected by addition to the current

Ordinance No. 1983

assessment roll and describing properties with delinquent service charges, including the name and address of the property owner, and the amount of the delinquent service charges for each property. (Ord. 1891 § 7, 2015)

13.34.040 Notice of hearing to property owners.

The city council shall conduct a hearing where it will consider the contents of the report and any objections or protests from affected property owners. The city clerk shall publish notice of the date, time and location of the hearing in a newspaper of general circulation within the city of Upland, once a week for two consecutive weeks prior to the hearing as set forth in California Government Code Section 6066. Notice containing the date, time and location of the hearing shall also be mailed to each property owner with delinquent service charges at least 10 days prior to the hearing. (Ord. 1891 § 7, 2015)

13.34.050 Hearing.

At the hearing, the city council shall hear any objections or protests from property owners with delinquent service charges. The city council may adopt, revise, change, reduce or modify any charge or overrule any or all objections to the charges contained in the report. The report, including any revisions, changes or modifications shall be adopted by resolution of the city council. (Ord. 1891 § 7, 2015)

13.34.060 Filing of report with county auditor.

The city clerk shall file the adopted report with the county auditor by August 10 of each year and shall include a signed statement that the report was adopted by resolution of the city council. The county auditor shall enter the amount of each delinquent service charge against each respective property contained in the report as it appears on the current assessment roll for the purpose of collecting such charges. (Ord. 1891 § 7, 2015)

13.34.070 Filing of certificate with county recorder—Placement of assessment lien.

After filing the report and statement with the county auditor pursuant to Section

13.34.060, the amount of delinquent service shall constitute an assessment lien against the property against which the charge has been imposed, and said charges shall be secured by filing for record in the office of the county recorder a certificate specifying the amount of delinquent service charges and the name and address of the property owner liable for said charges. (Ord. 1891 § 7, 2015)

13.34.080 Inclusion of amount of charges on bill for taxes The county tax collector shall include the amount of the delinquent service charges on bills for taxes against the property and thereafter the amount of said charges shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent and unpaid

Ordinance No. 1983

charges relating to such property shall be transferred to the unsecured roll for collection.

13.34.090 Fees and penalties.

The City may charge fees and penalties in connection with the provisions of this chapter in an amount set by resolution of the city council and such fees and penalties may be added onto the amount of any delinquency that is assessed on the tax roll or recorded against any property as a lien. (Ord. 1891 § 7, 2015)

13.34.100 Satisfaction of Lien.

Assessment liens recorded pursuant to this chapter shall be released upon full satisfaction thereof.

Section 3. Any provision of the Upland Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

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

Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

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

Bill Veto, 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 13th day of November, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the 27th day of November, 2023, by the following vote:

AYES:

Ordinance No. 1983

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Staff(krctill
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

TERRY DOYLE,DEPUTY DIRECTOR,HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH KEENAN&ASSOCIATES AS THE

CITY'S THIRD-PARTY ADMINISTRATOR FOR THE WORKERS' COMPENSATION

PROGRAM
RECOMMENDED ACTION:

It is recommended that the City Council approve a professional services agreement with Keenan&Associates to serve as the City's Third-Party Administrator for the Workers' Compensation Program for the period of January 1, 2024 through June 30,2026;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of reducing risk exposure, legal fees, and other costs associated with Workers'Compensation claims.

BACKGROUND
The City maintains an agreement with a Third-Party Administrator (TPA) to manage the Workers' Compensation Program.

Keenan&Associates has provided workers' compensation TPA services to the City since July 2013.

On May 24, 2021, the City Council approved a professional services agreement with Keenan & Associates for workers' compensation TPA services for$80,044 for Fiscal Year 21/22 and$85,944 for Fiscal Year 22/23.

In an amendment signed by the City Manager and dated July 1,2023,Keenan&Associates was engaged to continue providing workers' compensation TPA services through December 31, 2023 for $49,418. This additional time was provided for Staff to issue a Request For Proposal for workers' compensation third-party administrator services.

ISSUES AND ANALYSIS
The City's objectives in seeking a TPA for the Workers' Compensation Program is to reduce the program's benefit expenses and other claim related costs, secure claim handling services that consistently adhere to industry best practices and program standards established by the City,engagement with a service team accustomed to working on a collaborative basis with the City's team, access to a risk management information system (RMIS) capable of producing desired loss analytic reports and benching data, and engagement with a service team that has immediate access to other medical and/or claim expertise to explore alternative solutions or research options for guidance in making decisions to advance claim resolutions.

On August 14, 2023, the City issued a Request for Proposal (RFP) for a Third-Party Administrator (TPA) for the City's Workers' Compensation Program via the City's website as well as direct email to four (4) consultant organizations. The City received five(5)proposals.

The proposals were initially screened by the Deputy Director of Human Resources/Risk Management and the Human Resources Analyst, responsible for processing Workers' Compensation claims for the City, for the most qualified agencies. The top three(3)agencies were invited for interviews. The interviews were conducted by: Stephen Parker, Assistant City Manager;Terry Doyle,Deputy Director of Human Resources/Risk Management;and Rocio Preciado, Human Resources Analyst.

After evaluating the firms, Staff recommends continuing with Keenan & Associates as the City's Third-Party Administrator for Workers' Compensation Program. Keenan&Associates has extensive experience in the judicious handling of public agency claims. They have been the City's TPA since July 2013 and have expertise with the City of Upland's programs, and have provided a dedicated team of qualified professionals who deliver quality results to the City on a continuous basis.

Keenan &Associates claims approach is aimed at reducing the overall Workers' Compensation costs by providing consultative services and resources that will reduce the frequency and severity of the City's claims. Keenan's average closing rate for Workers' Compensation claim has been above 100% for the past four fiscal years. In addition, the City saw a 92%reduction in the amount of temporary disability and 4850 dollars paid out since Fiscal Year 19/20.

Lastly, quarterly file reviews are conducted to help monitor the program, identify trends, and develop strategies to assist the City in continuing to control costs and keep employees safe at work.

The term of the proposed agreement is from January 1,2024 to December 31,2026,with rates as follows:

Period Amount
January 1,2024—June 30,2024 $ 49,417
July 1,2024—June 30,2025 $105,753
July 1,2025—June 30,2026 $113,155
Total $268,325

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. The Workers' Compensation Program is a regularly budgeted service and is included in the operating budget of the Self Insurance Fund annually.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of January 1, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Keenan and Associates, a California Corporation, with its principal place of business at 2355 Crenshaw Blvd, Suite 200, Torrance, CA 90501 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Third Party Administrator for Workers' Compensation Program (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B" and Exhibit "C" and Exhibit "D" all of which are attached hereto and incorporated herein by reference. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$268,325 excluding additional fees and costs in Exhibit "C" and Exhibit "D". This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 1

statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from January 1, 2024 to July 1, 2026, unless earlier terminated as provided herein. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
2

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. 3

(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) ----
(7) ----
(8) Property Damage
(9) Independent Contractors Coverage
(iv)
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by 4

him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
5

(i) With the exception of the Professional Liability, Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise 6

assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii)
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the 7

performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. INTENTIONALLY OMITTED

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 8

17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

18. Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

DISTRICT: CONSULTANT:

City of Upland Keenan & Associates
460 N. Euclid Avenue 2355 Crenshaw Blvd, Suite 200 Torrance, CA Upland, CA 91786 90501
Attn: Theresa Doyle, Human Resources Attn: Legal Dept. and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
9

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting 10

from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND KEENAN & ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND KEENAN & ASSOCIATES (two signatures required for Corporations. President OR Vice President AND
Secretary OR Treasurer REQUIRED)
By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By:

By:

Keri Johnson, City Clerk Its:

Printed Name:

Approved as to form:

By:

Best Best & Krieger LLP
City Attorney
12

EXHIBIT A
Scope of Services
Third Party Claims Administration for the City's Workers' Compensation Program consisting of overseeing all aspects of Workers' Compensation claims management, which includes: caseload management, claim file set up, account management, data management, litigation management, quarterly claim reviews, trust account maintenance including handling of checks and reconciliations, claims investigations, claim reserving, provisions of benefits, medical administration, return to work, diary review, plan of action, claim supervision, status reports, settlements, award payments, future medical claims, subrogation, and fraudulent claims. Client agrees to utilize Keenan PRIME Managed Care (and any Keenan DBA or subsidiary, or subcontractor thereto)for all of their cost containment services while this Agreement is in force. 13

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle.

City agrees to pay Consultant for services provided under this Agreement as follows:

January 1, 2024 through June 30, 2024 — Forty-nine thousand, four hundred and seventeen dollars ($49,417)
July 1, 2024 through June 30, 2025 — One hundred and five thousand, and seven hundred and fifty dollars ($105,753)
July 1, 2025 through June 30, 2026 — One hundred and thirteen, and one hundred and fifteen dollars ($113,155)
Fees for PRIME (Bill Review, Utilization Review and Case Management) as well as Regency (Investigations) are attached hereto and incorporated herein by reference in Exhibit "C" and Exhibit D.
14

EXHIBIT C
Activity Schedule
PRIME
A Keenan Solution
•
•
Fee Schedule—
Effective luny 1,2023
{Subject to change upon notice}
MANAGED CARE BILL REVIEW
Laity Intervention Initial Assessment+Triage $50)Hour Pnc s NNE in State Fee Schedules 15% Sowings Ga-i.eManagement(1-CM+FCM).. $115 Hour PPp Network Acccs5(Anthem). .. 26rXofSavings - PP6 Channeling - Retrospective Network Capture - 4 PT Contact • Preferred Vendor Pricing(Ancillary Services) • Initial Evaluation
Minimum Processing Fee........ . . .. $13.00 per bill
• RTW Plan
M PN Acc:ees ... $E.00 per MPN bill
- Medical Care Evaluation
- Written?Case Management Action Plan • Care Conciergee'MedEca I Access Assistant ,Julization Review $135 it Referral • Network Management • Up to&items per referral Physician Based outcome Ana iytjcs physician Advisor 1205+Referral Pharraacy Benefit Management. 20%of Savings • Up to$terns per rcfr.•rr.t
- Additional$3.00 per prescription administratwc fee
• Medical Necessity Determination
Negniiatiens . .... ... 24%of Savings
• physician-to-Physician Contact
Negotiated Medical Bitl l iens... .........................$95 f Hover Specialty Physician Review $395 r Hour
• ii xcludes Traver Expenses
• Specialty match required
Complex Bill Review by Physician 24%❑t Savings
• Appeals
eald Access 51.20 per a 1)111
S-fOP{,PhamrecyReview}.....---._.....----..,..,_.._.... . $325+tiaw State Reporting Alarnnrstrative Fee $1.35 per bill
• peer-to-Peer Contact by Physician
• Management of Cpiad Use
• Written Trea1rnentPlan+Recflmmerndetiana
Keenan
rcarue No.0451271 www.keenan.CMn
15

EXHIBIT D

4.11ZEGENCY 2355 creps1-0/0 Blvd.,Suite MO,Torrance,CA 90501 310-618-6858 phone 310-272-MO tax
M. LIcer'se#24512711 P.I.Lkens.?.#22147
2023 FEE SCHEDULE
P122147

WORKERS' COMPENSATION & PROPERTY/LIABILITY
CA I.tj()R WC/LIABILITY
CE/COE&GENTEIL8 $104.00/Hour

LIABILITY
LLJRVE1LLANCE $104_00/Hour I
MESTIGATIONS $115.00/1-oux
MILEAGE; $ .75/milt
M4 V REPORT 155-00
CIAL MEDIA SEARCI $495.00
`OCTAL SECURITY 1;75.00
R}F11NS1VE SEA
ituged at cots
NOTE: No Additional chgrge .for Rush Assignments
16

�-;ov riPZ4,,aeotk• ..,..°-t.. cI FU P LAND ,, , ,,,. .,..,
1 . ,,
"The City of Gracious Lining"
Staff
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: CONSIDER ADOPTING A RESOLUTION AMENDING THE ADMINISTRATIVE CITATION

FINE SCHEDULE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution amending the administrative citation fine schedule by adding an administrative fine for violation of the Upland Municipal Code section 13.12.060(B).

GOAL STATEMENT
The proposed action supports the City's goal of providing excellent and continuous water service and encouraging the timely and efficient transition of utility accounts pursuant to 13.12.060(B)of the Upland Municipal Code.

BACKGROUND
Upland Municipal Code chapter 1.22 regarding Administrative Citations authorizes the imposition of fine for violations of the Upland Municipal Code through the issuance of administrative citations.

Upland Municipal Code section 1.22.040(A)provides that the amount of the administrative fine may be set forth in an Administrative Fine Schedule established by resolution of the City Council.

The City Council has previously approved an Administrative Fine Schedule for certain violations of the Upland Municipal Code.

On November 13,2023,the City Council approved the first reading of an Ordinance repealing and replacing sections

13.12.030 through 13.12.100 and Chapter 13.34 of Title 13 of the Upland Municipal Code.

ISSUES AND ANALYSIS
The Ordinance amending Section 13.12.060(A)of the Upland Municipal Code will require utility service accounts for residential properties (single family and multi-family residences of 4 dwellings or less)to be put in the name of the property owner.

In order to facilitate the orderly and timely transition of utility accounts currently in a tenant's name into the name of the property owner, Section 13.12.060(B)imposes an administrative fine for accounts not in compliance by June 30, 2024. It is necessary to amend the Administrative Citation Fine Schedule to include such a fine.

To that end, Staff recommends City Council adopt a Resolution to amend the administrative citation fine schedule to include an administrative fine with respect to section 13.12.060(B) of the Upland Municipal Code for failure to place utility service accounts into the property owner's name in the amount of$250.00 with a maximum daily fine of $1,000.00.

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
Staff anticipates that the proposed resolution will have an undetermined positive fiscal impact as the administrative fine or threat thereof will encourage the timely transition of accounts and support of the City's efforts to reduce the growing number of delinquent utility service accounts.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AMENDING THE ADMINISTRATIVE

FINE SCHEDULE BY UPDATING THE ADMINISTRATIVE

FINES FOR CERTAIN VIOLATIONS OF THE UPLAND

MUNICIPAL CODE
WHEREAS, Upland Municipal Code ("UMC") chapter 1.22 (Administrative Citations) authorizes the imposition of fines for violations of the UMC through the issuance of administrative citations; and
WHEREAS, Chapter 1.22.040.A of Title 1 provides that the amount of the administrative fine may be set forth in an Administrative Fine Schedule established by resolution of the City Council; and
WHEREAS, the City Council has previously approved an Administrative Fine Schedule for certain violations of the UMC; and
WHEREAS, the City Council now wishes to update the Administrative Fine Schedule.

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.

Section 2. The updated Administrative Fine Schedule for certain violations of the UMC as set forth in Exhibit A attached hereto and incorporated herein is hereby approved .

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 Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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

Section 4. This Resolution shall prevail over any existing resolution in the event of a conflict.

Section 5. Effective Date. The fees adopted by this Resolution shall become effective thirty (30) days after adoption and shall remain in effect until repealed or amended.

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

Resolution No.

PASSED, APPROVED and ADOPTED this 27th day of November, 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 November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT A
Administrative Fine Schedule
Pursuant to Upland Municipal Code ("UMC") section 1.22.040, and subject to Government Code section 36900, each UMC violation designated below is subject to a fine of not more than the initial fine amounts and maximum daily fine amounts specified herein. Each subsequent violation of the same UMC section shall be subject to double the fine of the previous violation up to a maximum of$1,000 per violation. Any violation of the UMC not otherwise identified below is subject to a fine of no more than the maximum amount authorized in UMC section 1.22.040.

Pursuant to UMC section 1.22.040, a party is entitled to a reasonable opportunity to correct continuing or ongoing violations that do not constitute a continuing violation, that do not create an immediate danger, and that are not the result of the illegal cultivation of cannabis as designated herein ("Grace Period"). Any violation of the UMC entitled to a Grace Period that is not otherwise designated herein shall be entitled a Grace Period of at least three days.

Code Brief Description of Violation Grace Initial Maximum Period Fine Daily Fine
Amount Amount

5.02.010 Business License—Illegal Businesses(Non- 1 Day $500 $1,000 Cannabis Related)

5.02.010 Business License—Illegal Businesses(Cannabis N/A $1,000 $1,000 Related)

5.04.090(A) Business License—Failure to Procure License 30 Days $25 $1,000

5.16.020 Gambling Devices N/A $500 $1,000

5.28.010 Solicitor,Canvasser or Peddler—Failure to 5 Days $25 $1,000 Procure License

5.40.020 Outdoor Festival—Failure to Procure License N/A $500 $1,000

5.44.020 Dwelling Unit Construction—Failure to Procure 5 Days $250 $1,000 License

5.48.030 Residential Property Transactions—Failure to N/A $200 $1,000 Deliver Report of Residential Property

5.60.210(A)—(C) Massage—Prohibited Services N/A $500 $1,000

5.60.050(A)—(Q) Massage—Failure to Abide by Operating 5 Days $250 $1,000 Requirements

6.04.120(A) Animals—Without A Leash N/A $100 $500

6.04.140 Animals—Causing Noise Disturbance N/A $100 $100

8.12.020(A) Nuisance—Improper Drainage 15 Days $50 $50

8.12.020(B)(1) Nuisance—Accumulation of Discards and 15 Days $50 $50 Rubbish

8.12.020(B)(2) Nuisance—Accumulation of Building Materials 15 Days $50 $50

8.12.020(B)(3) Nuisance—Accumulation of Firewood 15 Days $50 S50

ADMINISTRATIVE FINE SCHEDULE
— 1 of 5—

EXHIBIT A

8.12.020(C) Nuisance—Commercial Vehicles Stored on 15 Days $50 $50 Residential Property

8.12.020(D)(1) Nuisance—Dead or Hazardous Vegetation 15 Days $50 $50

8.12.020(D)(2) Nuisance—Overgrown Weeds 15 Days $50 $50

8.12.020(D)(3) Nuisance—Inadequate Landscaping 15 Days $50 $50

8.12.020(D)(4) Nuisance—Unmaintained Landscaping 15 Days $50 $50

8.12.020(E)(1) Nuisance—Partially Destroyed or Incomplete 15 Days $50 $50 Construction _

8.12.020(E)(3) Nuisance—Deteriorating Paint or Unpainted 15 Days $50 $50 Surface

8.12.020(E)(4) Nuisance—Roofs with Loose Shingles 15 Days $50 $50

8.12.020(E)(5) Nuisance—Broken Windows and Doors 15 Days $50 $50

8.12.020(E)(6) Nuisance—Defective Steps,Rails,Walls, 15 Days $50 $50 Driveways

8.12.020(E)(7) Nuisance—Defective Garage Doors 15 Days $50 $50

8.12.020(E)(8) Nuisance—Premise Detrimental to Health and N/A $100 $1,000 Safety

8.12.020(E)(9) Nuisance—Graffiti on Premises 15 Days $50 $50

8.12.020(E)(10) Nuisance—Blight 15 Days $50 $50

8.12.020(F) Nuisance—Parking of Vehicles 15 Days $50 $50

8.12.020(G) Nuisance—Inoperative Vehicles 15 Days $50 $50

8.12.020(H) Nuisance—Unmaintained Swimming Pools and 15 Days $50 $50 Ponds

8.12.020(I) Nuisance—Accumulation of Dirt and Debris 15 Days $50 $50

8.20.010(A)(1) Attractive Nuisance—Abandoned Vehicles 3 Days $100 $1,000

9.04.070 Human Waste—Bodily Waste in Public Place N/A $100 $1,000

9.04.110(C) Trespass Upon Private Property N/A $75 $1,000

9.08.020 Gambling—Betting N/A $100 $1,000

9.12.030(A) Juvenile Curfew Violations N/A $100 $500

9.12.060 Juvenile Curfew Violations—Responsibility of N/A $100 $1,000 Guardian

9.12.080(C) Distribution of Harmful Materials to Minor N/A $100 $1,000

9.16.020(A) Alcoholic Beverages—Drinking in Public N/A $100 $1,000

9.16.020(B) Alcoholic Beverages—Intoxication in Public N/A $100 $1,000

ADMINISTRATIVE FINE SCHEDULE
—2 of 5—

EXHIBIT A

9.16.030 Alcoholic Beverages—Possession or N/A $100 $1,000 Consumption in Public Park

9.24.020 Firearms—Discharge of Firearm or Weapon N/A $1,000 $1,000

9.24.030 Firearms—Minor in Possession of Firearm or N/A $1,000 $1,000 Weapon

9.28.020 Live Entertainment—Without Obtaining Permit 3 Days $250 $1,000

9.36.040 Graffiti—Application thereof N/A $250 $1,000

9.36.050 Defacing Public Buildings N/A $250 $1,000

9.36.060 Graffiti—Possession of Graffiti Implements N/A $150 $1,000

9.36.090 Maintaining Graffiti Unlawful—Public 15 Days $150 $1,000 Nuisance

9.40.060 Unnecessary Noise—Excessive N/A $200 $1,000

9.40.100 Noises Prohibited—Unnecessary Noise N/A $150 $1,000 Standard

9.48.040 Marijuana—All Prohibited Marijuana Use and N/A $100 $1,000 Activity

9.48.050 Marijuana—Unlawful Use of Structure or N/A $100 $1,000 Property

9.52.030 Synthetic Drug—Sale and Distribution Thereof N/A $100 $1,000

9.52.050 Synthetic Drug—Possession Thereof N/A $100 $1,000

10.36.050 Vehicles and Traffic—Use of Street for Storage 5 Days $50 $1,000 of Vehicles

10.36.060 Vehicles and Traffic—Repairing or Maintaining N/A $50 $1,000 Vehicles on Public Street

10.68.010 Vehicles and Traffic—Vegetation that Obstructs 10 Days $75 $1,000 View of Vehicular Traffic

10.72.010(A) Vehicles and Traffic—Use of Skateboard or N/A $100 $500 Similar Device to Travel on Roadway

10.72.010(B) Vehicles and Traffic—Use of Skateboard or N/A $50 $1,000 Similar Device on Property with Signs
Prohibiting Such Acts

12.08.010(A) Street Excavations—Failure to Obtain Permit N/A $100 $1,000

12.08.060(A) Street Closures—Failure to Obtain Permit N/A $100 $1,000

12.16.010 Sidewalk or Street—Use for Display of Goods N/A $100 $1,000

12.16.040 Sidewalk or Street—Pool Discharge into Streets N/A $150 $1,000

12.16.050 Sidewalk or Street—Encroaching Vegetation 15 Days $150 $1,000

12.16.060 Sidewalk or Street—Animals Tethered in Public N/A $50 $1,000 Place

12.16.070 Sidewalk or Street—Riding Bicycle in Street N/A $50 $1,000

12.16.080 Sidewalk or Street—Littering N/A $200 $1,000

ADMINISTRATIVE FINE SCHEDULE
—3 of 5—

EXHIBIT A

12.24.060 Allowable Objects and Plantings in the Public- 15 Days $50 $1,000 Right-of-Way

12.24.110 Sidewalk or Street—Maintenance of Trees in 10 Days $50 $1,000 the Public Right of Trees

12.24.130 Sidewalk or Street—Maintenance of Property 10 Days $50 $1,000 Landscaping

12.36.050(A-Q) Sidewalk or Street—Failure to Abide by N/A $100 $500 Skateboard Park Regulations

12.40.030(A) Sidewalk or Street—Camping in Public Areas N/A $100 $1,000

12.44.040 Sidewalk or Street—Permit Required for Use of N/A $100 $500 Park Facilities

13.12.060(B) Water Service Regulations—Failure to Place N/A $250 $1,000 Utility Service Account in Property Owner's
Name

13.16.020(A)(1) Public Services—Failure to Conserve Water N/A $100 $500

13.24.130 Public Services—Failure to Obtain Permit to 30 Days $100 $1,000 Connect to Public Sewer

13.28.510 Public Services—Garbage Containers in Public 10 Days $50 $1,000 View

13.32.190 Community Sewer System—Nondomestic 10 Days $100 $1,000 Wastewater Discharge

13.32.280 Community Sewer System—Compliance 10 Days $100 $1,000 Monitoring, Sampling,&Inspection

15.08.010 Building Code—Violation of Building Codes 30 Days $50 $1,000

15.08.070 Building Code Failure to Enclose Swimming 30 Days $50 $1,000 Pools

15.12.010 Mechanical Code—Unpermitted Mechanical 30 Days $50 $1,000 Work

15.14.010 Residential Code—Violation of Residential 30 Days $50 $1,000 Codes

15.16.010 Housing Code—Violation of Housing Codes 30 Days $50 $1,000

15.20.010 Abatement of Dangerous Buildings Code— 30 Days $50 $1,000 Violation of the Codes

15.24.010 Plumbing Code—Unpermitted Plumbing Work 30 Days $50 $1,000

15.28.010 Electrical Code—Unpermitted Electrical Work 30 Days $50 $1,000

15.40.080 Address Numbering of Curb and Structures— 15 Days $50 $1,000 Size,Color,and Location

15.52.030 Building Code—Failure to Obtain Grading 30 Days $50 $1,000 Permits

15.56.080 Building Code—Failure to Obtain Development 30 Days $50 $1,000 Permit

17.13.040 Height Limits 15 Days $50 $1,000

17.40.030 Light Trespass 15 Days $50 $1,000

17.15.030 Signs—Failure to Obtain Permits 30 Days $50 $1,000

17.15.050(C) Signs—Prohibited Vehicle Signs 30 Days $50 $1,000

ADMINISTRATIVE FINE SCHEDULE
—4 of 5—

EXHIBIT A
1 17.15.050(E) Signs—Prohibited Roof Signs 30 Days $50 $1,000

17.15.050(D) Signs—Temporary Signs 30 Days $50 $1,000

17.15.060(A) Signs—Prohibited On-Premise Signs 30 Days $50 $1,000

17.15.060(B) Signs—Prohibited Off-Premise Signs 30 Days $50 $1,000

17.15.080(E) Signs—Prohibited Signs Over Rights of Way 30 Days $50 $1,000

17.15.110 Temporary Real Estate Signs N/A $50 $500

17.15.130 Political Campaign Signs 1 Day $50 $500

17.15.150 Flags,Banners,Pennants,Balloons,Window 1 Day $50 $500 and Interior Signs

17.16.030 Zoning Ordinance—Excessive Storage in Yards 30 Days $50 $1,000

17.16.050(B)(1-9) Zoning Ordinance—Unmaintained Structures 30 Days $50 $1,000

17.16.050(C) Zoning Ordinance—Damaged Structures 30 Days $50 $1,000

17.16.060 Zoning Ordinance—Fence and Wall 30 Days $50 $1,000 Maintenance

17.16.080 Zoning Ordinance—Unmaintained Landscaping 30 Days $50 $1,000

17.19.050 Zoning Ordinance—Accessory Uses and 30 Days $50 $1,000 Structures in Residential Zones

17.34.040 Parking,Storage,and Screening 3 Days $50 $1,000

ADMINISTRATIVE FINE SCHEDULE
—5 of 5—

EXHIBIT A

REDLINE
Administrative Fine Schedule
Pursuant to Upland Municipal Code ("UMC") section 1.22.040, and subject to Government Code section 36900, each UMC violation designated below is subject to a fine of not more than the initial fine amounts and maximum daily fine amounts specified herein. Each subsequent violation of the same UMC section shall be subject to double the fine of the previous violation up to a maximum of$1,000 per violation. Any violation of the UMC not otherwise identified below is subject to a fine of no more than the maximum amount authorized in UMC section 1.22.040.

Pursuant to UMC section 1.22.040, a party is entitled to a reasonable opportunity to correct continuing or ongoing violations that do not constitute a continuing violation, that do not create an immediate danger, and that are not the result of the illegal cultivation of cannabis as designated herein ("Grace Period"). Any violation of the UMC entitled to a Grace Period that is not otherwise designated herein shall be entitled a Grace Period of at least three days.

Code Brief Description of Violation Grace Initial Maximum Period Fine Daily Fine
Amount Amount

5.02.010 Business License—Illegal Businesses(Non- 1 Day $500 $1,000 Cannabis Related)

5.02.010 Business License—Illegal Businesses(Cannabis N/A $1,000 $1,000 Related)

5.04.090(A) Business License—Failure to Procure License 30 Days $25 $1,000

5.16.020 Gambling Devices N/A $500 $1,000

5.28.010 Solicitor,Canvasser or Peddler—Failure to 5 Days $25 $1,000 Procure License

5.40.020 Outdoor Festival—Failure to Procure License N/A $500 $1,000

5.44.020 Dwelling Unit Construction—Failure to Procure 5 Days $250 $1,000 License

5.48.030 Residential Property Transactions—Failure to N/A $200 $1,000 Deliver Report of Residential Property

5.60.210(A)—(C) Massage—Prohibited Services N/A $500 $1,000

5.60.050(A)—(Q) Massage—Failure to Abide by Operating 5 Days $250 $1,000 Requirements

6.04.120(A) Animals—Without A Leash N/A $100 $500

6.04.140 Animals—Causing Noise Disturbance N/A $100 $100

8.12.020(A) Nuisance—Improper Drainage 15 Days $50 $50

8.12.020(B)(1) Nuisance—Accumulation of Discards and 15 Days $50 $50 Rubbish

8.12.020(B)(2) Nuisance—Accumulation of Building Materials 15 Days $50 $50

ADMINISTRATIVE FINE SCHEDULE
— 1 of 5—

EXHIBIT A

8.12.020(B)(3) Nuisance—Accumulation of Firewood 15 Days $50 $50

8.12.020(C) Nuisance—Commercial Vehicles Stored on 15 Days $50 $50 Residential Property

8.12.020(D)(1) Nuisance—Dead or Hazardous Vegetation 15 Days $50 $50

8.12.020(D)(2) Nuisance—Overgrown Weeds 15 Days $50 $50

8.12.020(D)(3) Nuisance—Inadequate Landscaping 15 Days $50 $50

8.12.020(D)(4) Nuisance—Unmaintained Landscaping 15 Days $50 $50

8.12.020(E)(1) Nuisance—Partially Destroyed or Incomplete 15 Days $50 $50 Construction

8.12.020(E)(3) Nuisance—Deteriorating Paint or Unpainted 15 Days $50 $50 Surface

8.12.020(E)(4) Nuisance—Roofs with Loose Shingles 15 Days $50 $50

8.12.020(E)(5) Nuisance—Broken Windows and Doors 15 Days $50 $50

8.12.020(E)(6) Nuisance—Defective Steps,Rails,Walls, 15 Days $50 $50 Driveways

8.12.020(E)(7) Nuisance—Defective Garage Doors 15 Days $50 $50

8.12.020(E)(8) Nuisance—Premise Detrimental to Health and N/A $100 $1,000 Safety

8.12.020(E)(9) Nuisance—Graffiti on Premises I 15 Days $50 $50

8.12.020(E)(10) Nuisance—Blight 15 Days $50 $50

8.12.020(F) Nuisance—Parking of Vehicles 15 Days $50 $50

8.12.020(G) Nuisance—Inoperative Vehicles 15 Days $50 $50

8.12.020(H) Nuisance—Unmaintained Swimming Pools and 15 Days $50 $50 Ponds

8.12.020(I) Nuisance—Accumulation of Dirt and Debris 15 Days $50 $50

8.20.010(A)(1) Attractive Nuisance—Abandoned Vehicles 3 Days $100 $1,000

9.04.070 Human Waste—Bodily Waste in Public Place N/A $100 $1,000

9.04.110(C) Trespass Upon Private Property N/A $75 $1,000

9.08.020 Gambling—Betting N/A $100 $1,000

9.12.030(A) Juvenile Curfew Violations N/A $100 $500

9.12.060 Juvenile Curfew Violations—Responsibility of N/A $100 $1,000 Guardian

9.12.080(C) Distribution of Harmful Materials to Minor N/A $100 $1,000

9.16.020(A) Alcoholic Beverages—Drinking in Public N/A $100 $1,000

ADMINISTRATIVE FINE SCHEDULE
—2 of 5—

EXHIBIT A

9.16.020(B) Alcoholic Beverages—Intoxication in Public N/A $100 $1,000

9.16.030 Alcoholic Beverages—Possession or N/A $100 $1,000 Consumption in Public Park

9.24.020 Firearms—Discharge of Firearm or Weapon N/A $1,000 $1,000

9.24.030 Firearms—Minor in Possession of Firearm or N/A $1,000 $1,000 Weapon

9.28.020 Live Entertainment—Without Obtaining Permit 3 Days $250 $1,000

9.36.040 Graffiti—Application thereof N/A $250 $1,000

9.36.050 Defacing Public Buildings N/A $250 $1,000

9.36.060 Graffiti—Possession of Graffiti Implements N/A $150 $1,000

9.36.090 Maintaining Graffiti Unlawful—Public 15 Days $150 $1,000 Nuisance

9.40.060 Unnecessary Noise—Excessive N/A $200 $1,000

9.40.100 Noises Prohibited—Unnecessary Noise N/A $150 $1,000 Standard

9.48.040 Marijuana—All Prohibited Marijuana Use and N/A $100 $1,000 Activity

9.48.050 Marijuana—Unlawful Use of Structure or N/A $100 $1,000 Property _

9.52.030 Synthetic Drug—Sale and Distribution Thereof N/A $100 $1,000

9.52.050 Synthetic Drug—Possession Thereof N/A $100 $1,000

10.36.050 Vehicles and Traffic—Use of Street for Storage 5 Days $50 $1,000 of Vehicles

10.36.060 Vehicles and Traffic—Repairing or Maintaining N/A $50 $1,000 Vehicles on Public Street

10.68.010 Vehicles and Traffic—Vegetation that Obstructs 10 Days $75 $1,000 View of Vehicular Traffic

10.72.010(A) Vehicles and Traffic—Use of Skateboard or N/A $100 $500 Similar Device to Travel on Roadway

10.72.010(B) Vehicles and Traffic—Use of Skateboard or N/A $50 $1,000 Similar Device on Property with Signs
Prohibiting Such Acts

12.08.010(A) Street Excavations—Failure to Obtain Permit N/A $100 $1,000

12.08.060(A) Street Closures—Failure to Obtain Permit N/A $100 $1,000

12.16.010 Sidewalk or Street—Use for Display of Goods N/A $100 $1,000

12.16.040 Sidewalk or Street—Pool Discharge into Streets N/A $150 $1,000

12.16.050 Sidewalk or Street—Encroaching Vegetation 15 Days $150 $1,000

12.16.060 Sidewalk or Street—Animals Tethered in Public N/A $50 $1,000 Place

12.16.070 Sidewalk or Street—Riding Bicycle in Street N/A $50 $1,000

ADMINISTRATIVE FINE SCHEDULE
—3 of 5—

EXHIBIT A

12.16.080 Sidewalk or Street—Littering N/A $200 $1,000

12.24.060 Allowable Objects and Plantings in the Public- 15 Days $50 $1,000 Right-of-Way

12.24.110 Sidewalk or Street—Maintenance of Trees in 10 Days $50 $1,000 the Public Right of Trees

12.24.130 Sidewalk or Street—Maintenance of Property 10 Days $50 $1,000 Landscaping

12.36.050(A-Q) Sidewalk or Street—Failure to Abide by N/A $100 $500 Skateboard Park Regulations

12.40.030(A) Sidewalk or Street—Camping in Public Areas N/A $100 $1,000

12.44.040 Sidewalk or Street—Permit Required for Use of N/A $100 $500 Park Facilities

13.12.060(B) Water Service Regulations—Failure to Place N/A $250 $1,000 Utility Service Account in Property Owner's
Name

13.16.020(A)(1) Public Services—Failure to Conserve Water N/A $100 $500

13.24.130 Public Services—Failure to Obtain Permit to 30 Days $100 $1,000 Connect to Public Sewer

13.28.510 Public Services—Garbage Containers in Public 10 Days $50 $1,000 View

13.32.190 Community Sewer System—Nondomestic 10 Days $100 $1,000 Wastewater Discharge

13.32.280 Community Sewer System—Compliance 10 Days $100 $1,000 Monitoring, Sampling,&Inspection

15.08.010 Building Code—Violation of Building Codes 30 Days $50 $1,000

15.08.070 Building Code—Failure to Enclose Swimming 30 Days $50 $1,000 Pools

15.12.010 Mechanical Code—Unpermitted Mechanical 30 Days $50 $1,000 Work

15.14.010 Residential Code—Violation of Residential 30 Days $50 $1,000 Codes

15.16.010 Housing Code—Violation of Housing Codes 30 Days $50 $1,000

15.20.010 Abatement of Dangerous Buildings Code— 30 Days $50 $1,000 Violation of the Codes

15.24.010 Plumbing Code—Unpermitted Plumbing Work 30 Days $50 $1,000

15.28.010 Electrical Code—Unpermitted Electrical Work 30 Days $50 $1,000

15.40.080 Address Numbering of Curb and Structures— 15 Days $50 $1,000 Size,Color,and Location

15.52.030 Building Code—Failure to Obtain Grading 30 Days $50 $1,000 Permits

15.56.080 Building Code—Failure to Obtain Development 30 Days $50 $1,000 Permit

17.13.040 Height Limits 15 Days $50 $1,000

17.40.030 Light Trespass 15 Days $50 $1,000

17.15.030 Signs—Failure to Obtain Permits 30 Days $50 $1,000

ADMINISTRATIVE FINE SCHEDULE
—4 of 5—

EXHIBIT A
1 17.15.050(C) Signs—Prohibited Vehicle Signs 30 Days $50 $1,000

17.15.050(E) Signs—Prohibited Roof Signs 30 Days $50 $1,000

17.15.050(D) Signs—Temporary Signs 30 Days $50 $1,000

17.15.060(A) Signs—Prohibited On-Premise Signs 30 Days $50 $1,000

17.15.060(B) Signs—Prohibited Off-Premise Signs 30 Days $50 $1,000

17.15.080(E) Signs—Prohibited Signs Over Rights of Way 30 Days $50 $1,000

17.15.110 Temporary Real Estate Signs N/A $50 $500

17.15.130 Political Campaign Signs 1 Day $50 $500

17.15.150 Flags,Banners,Pennants,Balloons,Window 1 Day $50 $500 and Interior Signs

17.16.030 Zoning Ordinance—Excessive Storage in Yards 30 Days $50 $1,000

17.16.050(B)(1-9) Zoning Ordinance—Unmaintained Structures 30 Days $50 $1,000

17.16.050(C) Zoning Ordinance—Damaged Structures 30 Days $50 $1,000

17.16.060 Zoning Ordinance—Fence and Wall 30 Days $50 $1,000 Maintenance

17.16.080 Zoning Ordinance—Unmaintained Landscaping 30 Days $50 $1,000

17.19.050 Zoning Ordinance—Accessory Uses and 30 Days $50 $1,000 Structures in Residential Zones

17.34.040 Parking,Storage,and Screening 3 Days $50 $1,000

ADMINISTRATIVE FINE SCHEDULE
—5 of 5—

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Staff(krcifil
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

STACEY PADRON,EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF PROCUREMENT OF CONCRETE TABLES FOR CITY PARKS

AND THE APPROPRIATION OF ARPA FUNDS
RECOMMENDED ACTION:

It is recommended that the City Council approve the procurement of concrete tables from Outdoor Creations,Inc.in the amount of$116,973.40;approve the appropriation of$123,000 in unbudgeted ARPA funds to make the purchase; and authorize the City Manager to execute any necessary documents to complete the purchase.

GOAL STATEMENT
The proposed action supports the City's goal of improving our parks' functionality and design while also limiting future maintenance costs.

BACKGROUND
On March 11,2021,the American Rescue Plan Act("ARPA")was signed into law by the President. Section 9901 of ARPA amended Title VI of the Social Security Act to establish the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds,which together make up the Coronavirus State and Local Fiscal Recovery Funds("SLFRF")program. The$1.9 trillion SLFRF program,administered by the U.S.Department of the Treasury ("Treasury"), is intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. The SLFRF program funds build on and expand the economic support provided by the State and federal government over the last year,including through the Coronavirus Aid,Relief,and Economic Security Act("CARES"Act)Coronavirus Relief Fund("CRF").

On June 12, 2023, City Council approved the Fiscal Year 2023-24 Operating Budget, which included $90,000 set aside for concrete tables in City parks.

On November 13,2023,City Council approved the purchase of 36 concrete tables and 26 concrete trash receptacles from Outdoor Creations Inc.,in the amount of$89,992.80.The tables and trash receptacles were sufficient to complete the needs at three parks where other improvements are currently being performed—Baldy View,Citrus,and Olivedale.

ISSUES AND ANALYSIS
The existing tables in our city parks predominantly consist of plastic-coated metal, which experience frequent maintenance,wear and tear issues,and vandalism.The transition to replacing all city park tables and waste receptacles with cement alternatives offers various advantages, such as longevity, ease of maintenance and cleaning, minimal repairs,and uniformity throughout City parks. San Antonio,McCarthy and a portion of Magnolia Park have already seen concrete tables added.

While only $90,000 for concrete tables was allocated in the FY 22/23 Budget, there were discussions during the November 13, 2023 City Council meeting of using additional unbudgeted ARPA funds to add concrete tables to all other City parks excluding Memorial Park. Staff has counted the number of tables that would be needed to upgrade City parks after the approval of 36 picnic tables and 26 waste receptacles at the previous meeting, and had a final count of 92 tables. The City conducted a public bidding process to obtain prices for picnic tables identified in the November 13,2023 City Council meeting. The low bidder was Outdoor Creations Inc., with a unit price of$1,010.

The City is now utilizing this previous bid, made in accordance with its local procurement policy to purchase 92 concrete picnic tables with ARPA funds.

These 92 tables will be placed at the following parks;Cabrillo,Fern, 13th Street,Greenbelt,Magnolia and Sierra Vista.

The upgrade of the tables will allow reduced maintenance and a more uniform and improved look amongst the City parks.

ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Article 19, Section 15301,Existing Facilities, Class 1 of the CEQA Guidelines, since the proposed project does not include any expansion of the existing site,and includes repairs,maintenance,improvements,and minor alterations to the existing parks.Further,if the activity is deemed a project,it would be exempt pursuant to Section 15061(b)(3)of the CEQA Guidelines.

FISCAL IMPACTS
There are sufficient funds to make the recommended purchases in the ARPA Fund(2295420)Park Facility Furniture &Equipment Project.

ALTERNATIVES
Approve the appropriation of$270,000 in unbudgeted ARPA funds for the purchase of concrete tables and trash receptacles for City parks.

CEQA:Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Article 19, Section 15301

QUOTATION

AUTHORIZED SALES PERSON SIGNATURE
Tim L. Hudson 11/17/23 11111411
. 1,4
Outdoor Creations Inc. Date: 11/17/23 / ali-VII 2270 Barney Road ` ��
Anderson, CA 96007 Quote No.: Q7079 41111`1111111E USA LIEI:A I IONS
PH# 530-365-6106 FX# 530-365-5129 INC.

Email [email protected]
SOLD TO SHIP TO
Upland, City of Upland Park 100S Tables Only Richard Smiderle
Finance Department
N. Euclid Avenue [email protected]
460 Upland, CA 91786 Upland, CA
USA
Sales Rep Good Thru Terms Purchase Order
Tim L. Hudson 12/17/23 Net 30 Days
Qty. UOM Model# Description Unit Price Amount 92 EA 100 S 92" Smooth Top Picnic Table Standard Legs 1,010.00 92,920.00 EA NANO Nano- Non-sacrificial sealer
EA Smooth Finish Smooth Finish
Light Gray Light Gray
1 Shipping Must Be Taxed, Company Owned Truck 15,640.00 15,640.00

PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 108,560.00
Sales Tax 8,413.40
Please sign hereto confirm your order and acknowledge that you have read and TOTAL 116,973.40 understand our terms and conditions
Final sales tax will be
Forklift required upon delivery unless other arrangements made prior to order. calculated at time of shipping.

STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+WEEKS(Does not apply to custom products). Page 59 Of 213

QUOTATION

AUTHORIZED SALES PERSON SIGNATURE
Tim L. Hudson 11/17/23 11111411
Outdoor Creations Inc. Date: 11/17/23 / f '"-VII 2270 Barney Road ` ��
Anderson, CA 96007 Quote No.: Q7067 4111'1`1111f11E USA LIEI:A I IO&S
PH# 530-365-6106 FX# 530-365-5129 INC.

Email [email protected]
SOLD TO SHIP TO
Upland, City of Upland Park 508 Trash-100S Tables#2 Richard Smiderle
Finance Department
Euclid Avenue [email protected]
460 Upland, CA 91786 Upland, CA
USA
Sales Rep Good Thru Terms Purchase Order
Tim L. Hudson 12/17/23 Net 30 Days
Qty. UOM Model# Description Unit Price Amount 86 EA 508 WASTE RECEPTACLE 360 Degree, Side Insets, Square hole, Side 1,410.00 121,260.00 Opening Receptacle
86 EA 508 DR HANDLE BLACK 508 DOOR W/HANDLE BLACK (GR1372-BK05) 86 Vinyl Trash Vinyl Trash Sticker
86 EA Acrylic Logo Acrylic Logos(Logo on left side of door for Trash and Right Side of Door for Recycle))
86 Cast In Logo Cast In Logo (Trash Logo opposite Door Painted Black)
92 EA 100 S 92" Smooth Top Picnic Table Standard Legs 1,010.00 92,920.00 EA NANO Nano- Non-sacrificial sealer
EA Smooth Finish Smooth Finish
Light Gray Light Gray
1 Shipping Must Be Taxed, Company Owned Truck 30,260.00 30,260.00

PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 244,440.00 Sales Tax 18,944.10
Please sign here to confirm your order and acknowledge that you have read and TOTAL 263,384.10 understand our terms and conditions
Final sales tax will be
Forklift required upon delivery unless other arrangements made prior to order. calculated at time of shipping.

STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+WEEKS(Does not apply to custom products). Page 60 of 213

UPLAND - PARK RESTROOMS PROJECT
Park Picnic Tables Trash Rec.
64"W X 92"L 31" X 31"
Citrus Park
Baldy View 7
Olivedale Park _J 12
TOTAL ORDER #1 26
Fern Park 8 4
Cabrillo 20 44
13th Street Park 8 3
Sierra Vista Park 12 7
Magnolia Park 21 14
Greenbelt Park 23 14
TOTAL ORDER #2 92 86

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4�� 94. CITY UPLAND
�5, _�� "The City of Gracious Living"
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'• Stafif(krctill
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: CONSIDER ADOPTING A RESOLUTION AMENDING THE CITY'S WATER SHUTOFF POLICY
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution amending the City's written policy regarding Discontinuation of Residential Water Service Due to Nonpayment(Water Shutoff Policy).

GOAL STATEMENT
The proposed action supports the City's goal of providing excellent and continuous water service to its residents.

BACKGROUND
The Water Shutoff Protection Act(SB 998)became effective February 1,2020. The intent of SB 998 is to minimize the number of Californians who lose access to water service due to the inability to pay for its usage.

SB 998 requires water service providers to adopt a written policy concerning discontinuation of residential water service for nonpayment(Water Service Discontinuation Policy).

On November 13,2023,City Council approved a Resolution establishing a Water Shutoff Policy.

ISSUES AND ANALYSIS
When considering the Water Shutoff Policy during the November 13, 2023 City Council meeting,the Mayor raised the hypothetical concern of a landlord attempting to request water shutoff while the property remained tenant occupied.

That situation had not been specifically addressed by the Water Shutoff Policy.

It was determined by Staff that the Mayor's concern was one that should be specifically addressed in a revised Water Shutoff Policy.

Staff recommends amending Section C of the Water Shutoff Policy regarding discontinuation of water service per a customer's request as follows:

1. Include language specifically stating that water service may only be discontinued so long as the property is not tenant occupied;

2. Set forth a policy requiring the City to verify that the property is not currently tenant occupied at the time of the water shutoff request;and

3. In order to encourage landlords to provide true and accurate verification that the property is not currently tenant occupied,state that landlords who provide inaccurate verification will be responsible for the resulting water service reconnection fees.

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 relating to revisions of the City's Water Shutoff Policy.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND,

CALIFORNIA AMENDING THE WRITTEN POLICY REGARDING

DISCONTINUATION OF WATER SERVICE DUE TO NONPAYMENT
(THE WATER SHUTOFF POLICY) PURSUANT TO THE

REQUIREMENTS OF THE WATER PROTECTION ACT (SENATE BILL
998)
WHEREAS, Senate Bill 998 became effective on February 1, 2020, prohibiting water service providers from discontinuing water service due to nonpayment for any residential customer who has been delinquent less than 60 days; and WHEREAS, Senate Bill 998 requires water service providers to establish and adopt a written policy regarding Discontinuation of Water Service Due to Nonpayment (Water Shutoff Policy); and
WHEREAS, the City, in order to comply with the requirements of Senate Bill 998, approved a Resolution to adopt the Water Shutoff Policy on November 13, 2023; and WHEREAS, the City desires to amend the Water Shutoff Policy to include a provision prohibiting protecting tenants still currently residing in a property from landlord water shutoff requests.

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.

Section 2. The City Council hereby resolves to amend the Water Shutoff Policy as found in Exhibit A.

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

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

Section 5. Effective Date. This Resolution shall become effective as of January 1, 2024.

PASSED, APPROVED and ADOPTED this 27th day of November, 2023.

Bill Velto, Mayor

Resolution No.

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 27th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Exhibit A
City of Upland
Discontinuation of Residential Water Service Policy
This policy will serve as a guide to inform Upland residential customers on options to bring delinquent accounts current and avoid discontinuation of residential water service for nonpayment. This Policy applies to all City accounts for residential water service, but does not apply to non-residential service. The City of Upland Utility Billing staff may be contacted in person at 460 N. Euclid Avenue or by phone at (909) 931-4150, to discuss the terms of this policy and options for avoiding discontinuation. The policy shall be available on the City's website in the following languages: English, Spanish, Korean, Vietnamese,Tagalog, and Chinese (Mandarin).

A) Billing and Due Dates:

1. Bills for water service will be rendered to each consumer on a bi-monthly basis.

2. Bills for water service are payable upon receipt and shall become delinquent and subject to late charges if not paid in full on or before twenty-five (25) days after the billing date.

3. Payment may be made in person at City Hall, at the drop box in the Civic Center parking lot, via mail or online.

4. It is the consumer's responsibility to ensure that payments are received in full by the due date.

B) Delinquent Accounts:

1. Delinquency Fee (Late Charge) - A charge of $15.75 will be assessed for water bills not paid within forty-five (45) days from the date of the water bill.

2. Delinquent Notice - The City will inform the water service account holder of the delinquency and resulting Delinquency Fee by causing a Delinquent Notice to be mailed to the address of record and the address of the property owner, if different.

3. Pursuant to Upland Municipal Code Section 13.12.080 concerning Billing and Section 13.34 concerning Liens, for accounts where the water service is billed to the property owner, a water service account with a delinquent balance of greater than sixty(60) days may result in the recording of a lien against the property where the service is provided.

C) Discontinuation of Water Service per Customer's Request:

1. Water service may be discontinued at the customer's request, as long as the property is not tenant occupied (see C.2., below), at no additional charge, provided such request is placed with the Finance Division at least twenty-four(24) hours prior thereto in order to effect the discontinuation of services.

2. Tenant Accounts: The City is unable to discontinue water service to a property that is currently occupied. Therefore,all customers will be asked to verify all tenants have vacated the property before water service may be discontinued. It is the responsibility of the Landlord to provide such verification and to pay any service reconnection fees resulting from inaccurate verification.

3. Upon receipt and verification of the customer's request,the City will obtain a mail forwarding address, a final meter reading, and discontinue water service within one (1) business day.

4. The final bill will be mailed to the mailing address on file.

5. If the final bill amount is not received by the due date,the account is subject to collection and/or lien actions.

6. All approved refunds will be mailed to the mailing address on file.

D) Discontinuation of Water Service for Nonpayment:

1. Water service is subject to shut-off sixty(60) days after the bill becomes delinquent.

2. If water service is proposed for disconnection,the City shall attempt to notify the customer of record by mail and telephone,and shall attempt to notify any tenants/occupants living at the service address, as further described below.
a) Written notice to customer of record — At least fifteen (15) days before discontinuation of service, the City will send a written notice (Disconnection Notice) to the customer's mailing address and will include all of the following:

1. Customer's name and address.

2. Amount of the delinquency.

3. Date by which payment or arrangement for payment must be made to avoid discontinuation of water service.

4. A written procedure to apply for a short-term payment extension.

5. A written procedure by which the customer can request a deferred, amortized, or alternative payment schedule.

6. A written procedure to petition for bill review and appeal.

7. A telephone number where the customer may request a payment arrangement or receive additional information from the City.
b) Notice by telephone to customer of record—At least seven (7)days before discontinuation of service,the City will make a reasonable, good faith effort to contact the customer or an adult person living at the premises of the customer by telephone. The City will offer to provide the customer with a copy of this policy and discuss alternative payment options. The City shall offer to discuss options for averting discontinuation such as alternate payment schedules, deferred payment plans, minimum payment options,and a petition for bill review and appeal. c) Final posting at service address- If the City is unable to make contact with the customer or an adult person living with the customer by telephone, the City will make a good faith effort to leave a notice of imminent discontinuation of service and a copy of this Policy in a conspicuous place at the service address. The notice and copy of this Policy will be left at the residence at least forty-eight (48) hours before discontinuation of service. The notice will include:

1. Customer's name and address;

2. Amount of the delinquency;

3. Date by which payment or arrangement for payment must be made in order to avoid discontinuation of water service;

4. Written procedure by which the customer can request a deferred, amortized or alternative payment schedule;

5. Telephone number where the customer may request a payment arrangement or receive additional information from the City.
d) A fee as specified in the City's schedule of fees and charges will be assessed and added to the outstanding balance on the customer's account when the disconnection notice is issued.

E) Alternative Payment Options to Avoid Discontinuation of Water Service:

1. Any customer may request a short-term payment extension or other type of payment arrangement described in this section one (1) time in a twelve (12) month period. If a customer submits his or her request within thirteen (13)days after mailing of a Disconnection Notice,the request will be reviewed by a manager of the City. City decisions regarding granting an extension or other alternative payment arrangements are final and are not subject to appeal.
2

2. Any customer unable to pay for water service within the normal billing cycle due to medical and financial hardship may request an alternative payment option to avoid discontinuation of service.The City shall grant the request if they satisfy all of the following conditions:
a) Health Conditions—The customer has certification of a "primary care provider,"as defined in the Welfare and Institutions Code Section 14088(b)(1)(A), stating discontinuation of residential water service will be life threatening to or pose a serious threat to the health and safety of a person residing at the property; and
b) Financial Inability—The customer demonstrates that he or she is financially unable to pay for water service by providing proof that any member of the household is currently a recipient of CaIWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children; or the customer declares that the household's income is less than 200%of the federal poverty level; and
c) Alternative Payment Options—The customer is willing to enter into one (1) of the following alternative payment options to be selected by the City, in its sole discretion: (i) an amortization agreement, (ii) an alternative payment schedule, or (iii) a temporary deferred payment plan, with respect to all delinquent charges to avoid discontinuation of water service.

3. The burden of proving compliance with the conditions described in Section E, Subdivision 2, is on the customer. In order to allow the City sufficient time to process any request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues, financial inability, and willingness to enter into any alternative payment option as far in advance of any proposed date for discontinuation of water service as possible. Upon receipt of such documentation,the City will review that documentation and respond to the customer within seven (7) calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangement, or to notify the customer of the alternative payment option, and terms thereof, in which the City will allow the customer to participate. If the City has requested additional information, the customer will provide that requested information within five (5) calendar days of receipt of the City's request. Within five (5) calendar days of its receipt of that additional information, the City will either notify the customer in writing that the customer does not meet the conditions, or notify the customer in writing of the alternative payment option, and terms thereof, in which the City will allow the customer to participate. Customers who fail to meet the conditions described in Section E, Subdivision 2, must pay the delinquent amount, including any penalties and other charges, owing to the City within the latter to occur: (i)two (2) business days after the date of notification of the City's determination that the customer failed to meet those conditions; or (ii) the date of the impending water service discontinuation, as specified in the Disconnection Notice.

4. Amortization - If the City has selected this alternative payment option,the customer will enter into a written amortization plan for the unpaid balance in accordance with the following terms:
a) The Customer will pay the unpaid balance over a period defined by the City, not to exceed twelve (12) months from the original date of the bill.
b) The amortized payments will be combined with,and subject to the due date of the customer's regular bill.
3

c) The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan.

5. Alternative Payment Schedule- If the City has selected this alternative payment option,the customer will enter into a written alternative payment schedule for the unpaid balance in accordance with the following terms:
a) The customer will pay the unpaid balance, over a period defined by the City, not to exceed twelve (12) months from the original date of the bill.
b) The City will develop an alternative payment schedule for the customer. The alternative schedule may provide for periodic lump sum payments that do not coincide with the established payment date, may provide for payments to be made more frequently than monthly,or may provide that payments be made less frequently than monthly, provided that in all cases the unpaid balance and penalty charges will be paid in full over the period established by the City.
c) The customer may not request further alternative payment schedules of any subsequent unpaid charges while paying delinquent charges pursuant to a payment schedule.

6. Temporary Deferral of Payment - If the City has selected this alternative payment option, the customer will have payment of the unpaid balance temporarily deferred for a period of up to six (6) months after the payment is due. The City will determine, in its discretion, how long of a deferral will be provided to the customer.
a) The customer will pay the unpaid balance by the deferral date determined by the City. b) The customer may not request further temporary deferral of payments of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan.

7. All alternative payment options require a Financial Hardship Agreement to be signed by the customer of record. Failure to comply with the agreement or failure to pay charges accrued in each subsequent billing period will result in the discontinuation of water service.

8. If a customer fails to comply with the terms of any of the alternative payment options for sixty (60) calendar days or more, or fails to pay the customer's current service charges for sixty (60) calendar days or more,the City will post a written disconnection notice in a prominent location at the service address. The disconnection notice will be delivered to the property no less than five(5) business days in advance of discontinuance of water service.

F) Restoration of Water Service:

1. Customers whose water service was discontinued due to nonpayment are responsible for all unpaid bills and associated fees. After residential water service has been discontinued, one of the following must apply before water service is reconnected:
a) Delinquent balance including penalties are paid in full; or b) The City agrees, in its sole discretion, to grant a qualified customer's request for an amortization schedule, an alternative payment schedule, a temporary deferral of payment that was made after the water service was already discontinued, and the customer has signed a Financial Hardship Agreement.

2. If water service has been discontinued and is to be reconnected, then any reconnection fees during the City's normal operating hours cannot exceed $50.00, and reconnection fees during non- operational hours cannot exceed $150.00 for customers with a household income below 200%of the federal poverty line or if the customer or any member of the customer's household is a current recipient of CaIWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State 4

Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children. Customers who do not meet the above requirements shall pay the then- applicable amount restoration of service under the City's schedule of fees and charges.

G) Appeals:

1. If you believe your bill is incorrect, please contact the City immediately. Timely appeal requests must be received no later than ten (10) calendar days after the mailing of the Disconnection Notice. a) Complete the Utility Billing Appeal Request Form and submit the form either in person to the Finance Division or via email at [email protected]. b) A timely appeal request will be reviewed by the Utilities Operations Manager and Utility Billing Supervisor. The review will include consideration of whether the customer may receive an amortization of the amount due.
c) Service will not be discontinued while a timely appeal request is under review. d) Once the Utilities Operation Manager and Utility Billing Supervisor has reviewed the appeal request, the customer will be contacted in writing with the resolution. All undisputed amounts are to be paid during the normal billing cycle. e) Any overcharges will be reflected as a credit on the next regular bill to the customer, or refunded directly to the customer at the sole discretion of the City. f) If the customer disagrees with the resolution of their appeals request,then the customer may request an appeals hearing with the City Manager within ten (10) business days of the City's mailing of its initial written determination.
g) If the customer disagrees with the determination of the City Manager, the customer may appeal the determination to the City Council by filing a written notice of appeal with the City Clerk within ten (10) business days of the City Manager's written determination. Upon receiving the notice of appeal, the City Clerk will set the matter to be considered at an upcoming City Council meeting and mail the customer written notice of the time and place of the meeting at least ten (10) days before the meeting. The decision of the City Council shall be final.

H) Procedures for Occupants or Tenants to Become Customers of the City

1. This section shall apply only when the property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and has been issued a Disconnection Notice.

2. The City will make service available to the actual residential occupants if each occupant agrees to the terms and conditions of service and otherwise meets the requirements of the City's rules and regulations.

Notwithstanding, if one or more of the occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively discontinuing service to those occupants who have not met the requirements of the City's rules and regulations, the City shall make service available to the occupants who have met those requirements.

3. To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall verify that the delinquent customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the City. 5

4. If prior service for a period of time is a condition for establishing credit with the City, residence and proof of prompt payment of rent for that period of time is a satisfactory equivalent. 6

Exhibit A
City of Upland
Discontinuation of Residential Water Service Policy
This policy will serve as a guide to inform Upland residential customers on options to bring delinquent accounts current and avoid discontinuation of residential water service for nonpayment. This Policy applies to all City accounts for residential water service, but does not apply to non-residential service. The City of Upland Utility Billing staff may be contacted in person at 460 N. Euclid Avenue or by phone at (909) 931-4150, to discuss the terms of this policy and options for avoiding discontinuation. The policy shall be available on the City's website in the following languages: English, Spanish, Korean, Vietnamese,Tagalog, and Chinese (Mandarin).

A) Billing and Due Dates:

1. Bills for water service will be rendered to each consumer on a bi-monthly basis.

2. Bills for water service are payable upon receipt and shall become delinquent and subject to late charges if not paid in full on or before twenty-five (25) days after the billing date.

3. Payment may be made in person at City Hall, at the drop box in the Civic Center parking lot, via mail or online.

4. It is the consumer's responsibility to ensure that payments are received in full by the due date.

B) Delinquent Accounts:

1. Delinquency Fee (Late Charge) - A charge of $15.75 will be assessed for water bills not paid within forty-five (45) days from the date of the water bill.

2. Delinquent Notice - The City will inform the water service account holder of the delinquency and resulting Delinquency Fee by causing a Delinquent Notice to be mailed to the address of record and the address of the property owner, if different.

3. Pursuant to Upland Municipal Code Section 13.12.080 concerning Billing and Section 13.34 concerning Liens, for accounts where the water service is billed to the property owner, a water service account with a delinquent balance of greater than sixty(60) days may result in the recording of a lien against the property where the service is provided.

C) Discontinuation of Water Service per Customer's Request:

1. Water service may be discontinued at the customer's request, as long as the property is not tenant occupied (see C.2., belowh at no additional charge, provided such request is placed with the Finance Division at least twenty-four(24) hours prior thereto in order to effect the discontinuation of services.

4.2.Tenant Accounts: The City is unable to discontinue water service to a property that is currently occupied. Therefore,all customers will be asked to verify all tenants have vacated the property before water service may be discontinued. It is the responsibility of the Landlord to provide such verification and to pay any service reconnection fees resulting from inaccurate verification.

Upon receipt and verification of the customer's request,the City will obtain a mail forwarding address, a final meter reading, and discontinue water service within one (1) business day. 3-4.The final bill will be mailed to the mailing address on file.

4.5.If the final bill amount is not received by the due date,the account is subject to collection and/or lien actions.
5-6.All approved refunds will be mailed to the mailing address on file.

D) Discontinuation of Water Service for Nonpayment:

1. Water service is subject to shut-off sixty(60) days after the bill becomes delinquent.

2. If water service is proposed for disconnection,the City shall attempt to notify the customer of record by mail and telephone,and shall attempt to notify any tenants/occupants living at the service address, as further described below.
a) Written notice to customer of record — At least fifteen (15) days before discontinuation of service, the City will send a written notice (Disconnection Notice) to the customer's mailing address and will include all of the following:

1. Customer's name and address.

2. Amount of the delinquency.

3. Date by which payment or arrangement for payment must be made to avoid discontinuation of water service.

4. A written procedure to apply for a short-term payment extension.

5. A written procedure by which the customer can request a deferred, amortized, or alternative payment schedule.

6. A written procedure to petition for bill review and appeal.

7. A telephone number where the customer may request a payment arrangement or receive additional information from the City.
b) Notice by telephone to customer of record—At least seven (7)days before discontinuation of service,the City will make a reasonable, good faith effort to contact the customer or an adult person living at the premises of the customer by telephone. The City will offer to provide the customer with a copy of this policy and discuss alternative payment options. The City shall offer to discuss options for averting discontinuation such as alternate payment schedules, deferred payment plans, minimum payment options,and a petition for bill review and appeal. c) Final posting at service address- If the City is unable to make contact with the customer or an adult person living with the customer by telephone, the City will make a good faith effort to leave a notice of imminent discontinuation of service and a copy of this Policy in a conspicuous place at the service address. The notice and copy of this Policy will be left at the residence at least forty-eight (48) hours before discontinuation of service. The notice will include:

1. Customer's name and address;

2. Amount of the delinquency;

3. Date by which payment or arrangement for payment must be made in order to avoid discontinuation of water service;

4. Written procedure by which the customer can request a deferred, amortized or alternative payment schedule;

5. Telephone number where the customer may request a payment arrangement or receive additional information from the City.
d) A fee as specified in the City's schedule of fees and charges will be assessed and added to the outstanding balance on the customer's account when the disconnection notice is issued.

E) Alternative Payment Options to Avoid Discontinuation of Water Service:

1. Any customer may request a short-term payment extension or other type of payment arrangement described in this section one (1) time in a twelve (12) month period. If a customer submits his or her request within thirteen (13)days after mailing of a Disconnection Notice,the request will be reviewed by a manager of the City. City decisions regarding granting an extension or other alternative payment arrangements are final and are not subject to appeal.
2

2. Any customer unable to pay for water service within the normal billing cycle due to medical and financial hardship may request an alternative payment option to avoid discontinuation of service.The City shall grant the request if they satisfy all of the following conditions:
a) Health Conditions—The customer has certification of a "primary care provider,"as defined in the Welfare and Institutions Code Section 14088(b)(1)(A), stating discontinuation of residential water service will be life threatening to or pose a serious threat to the health and safety of a person residing at the property; and
b) Financial Inability—The customer demonstrates that he or she is financially unable to pay for water service by providing proof that any member of the household is currently a recipient of CaIWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children; or the customer declares that the household's income is less than 200%of the federal poverty level; and
c) Alternative Payment Options—The customer is willing to enter into one (1) of the following alternative payment options to be selected by the City, in its sole discretion: (i) an amortization agreement, (ii) an alternative payment schedule, or (iii) a temporary deferred payment plan, with respect to all delinquent charges to avoid discontinuation of water service.

3. The burden of proving compliance with the conditions described in Section E, Subdivision 2, is on the customer. In order to allow the City sufficient time to process any request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues, financial inability, and willingness to enter into any alternative payment option as far in advance of any proposed date for discontinuation of water service as possible. Upon receipt of such documentation,the City will review that documentation and respond to the customer within seven (7) calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangement, or to notify the customer of the alternative payment option, and terms thereof, in which the City will allow the customer to participate. If the City has requested additional information, the customer will provide that requested information within five (5) calendar days of receipt of the City's request. Within five (5) calendar days of its receipt of that additional information, the City will either notify the customer in writing that the customer does not meet the conditions, or notify the customer in writing of the alternative payment option, and terms thereof, in which the City will allow the customer to participate. Customers who fail to meet the conditions described in Section E, Subdivision 2, must pay the delinquent amount, including any penalties and other charges, owing to the City within the latter to occur: (i)two (2) business days after the date of notification of the City's determination that the customer failed to meet those conditions; or (ii) the date of the impending water service discontinuation, as specified in the Disconnection Notice.

4. Amortization - If the City has selected this alternative payment option,the customer will enter into a written amortization plan for the unpaid balance in accordance with the following terms:
a) The Customer will pay the unpaid balance over a period defined by the City, not to exceed twelve (12) months from the original date of the bill.
b) The amortized payments will be combined with,and subject to the due date of the customer's regular bill.
3

c) The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan.

5. Alternative Payment Schedule- If the City has selected this alternative payment option,the customer will enter into a written alternative payment schedule for the unpaid balance in accordance with the following terms:
a) The customer will pay the unpaid balance, over a period defined by the City, not to exceed twelve (12) months from the original date of the bill.
b) The City will develop an alternative payment schedule for the customer. The alternative schedule may provide for periodic lump sum payments that do not coincide with the established payment date, may provide for payments to be made more frequently than monthly,or may provide that payments be made less frequently than monthly, provided that in all cases the unpaid balance and penalty charges will be paid in full over the period established by the City.
c) The customer may not request further alternative payment schedules of any subsequent unpaid charges while paying delinquent charges pursuant to a payment schedule.

6. Temporary Deferral of Payment - If the City has selected this alternative payment option, the customer will have payment of the unpaid balance temporarily deferred for a period of up to six (6) months after the payment is due. The City will determine, in its discretion, how long of a deferral will be provided to the customer.
a) The customer will pay the unpaid balance by the deferral date determined by the City. b) The customer may not request further temporary deferral of payments of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan.

7. All alternative payment options require a Financial Hardship Agreement to be signed by the customer of record. Failure to comply with the agreement or failure to pay charges accrued in each subsequent billing period will result in the discontinuation of water service.

8. If a customer fails to comply with the terms of any of the alternative payment options for sixty (60) calendar days or more, or fails to pay the customer's current service charges for sixty (60) calendar days or more,the City will post a written disconnection notice in a prominent location at the service address. The disconnection notice will be delivered to the property no less than five(5) business days in advance of discontinuance of water service.

F) Restoration of Water Service:

1. Customers whose water service was discontinued due to nonpayment are responsible for all unpaid bills and associated fees. After residential water service has been discontinued, one of the following must apply before water service is reconnected:
a) Delinquent balance including penalties are paid in full; or b) The City agrees, in its sole discretion, to grant a qualified customer's request for an amortization schedule, an alternative payment schedule, a temporary deferral of payment that was made after the water service was already discontinued, and the customer has signed a Financial Hardship Agreement.

2. If water service has been discontinued and is to be reconnected, then any reconnection fees during the City's normal operating hours cannot exceed $50.00, and reconnection fees during non- operational hours cannot exceed $150.00 for customers with a household income below 200%of the federal poverty line or if the customer or any member of the customer's household is a current recipient of CaIWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State 4

Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children. Customers who do not meet the above requirements shall pay the then- applicable amount restoration of service under the City's schedule of fees and charges.

G) Appeals:

1. If you believe your bill is incorrect, please contact the City immediately. Timely appeal requests must be received no later than ten (10) calendar days after the mailing of the Disconnection Notice. a) Complete the Utility Billing Appeal Request Form and submit the form either in person to the Finance Division or via email at [email protected]. b) A timely appeal request will be reviewed by the Utilities Operations Manager and Utility Billing Supervisor. The review will include consideration of whether the customer may receive an amortization of the amount due.
c) Service will not be discontinued while a timely appeal request is under review. d) Once the Utilities Operation Manager and Utility Billing Supervisor has reviewed the appeal request, the customer will be contacted in writing with the resolution. All undisputed amounts are to be paid during the normal billing cycle. e) Any overcharges will be reflected as a credit on the next regular bill to the customer, or refunded directly to the customer at the sole discretion of the City. f) If the customer disagrees with the resolution of their appeals request,then the customer may request an appeals hearing with the City Manager within ten (10) business days of the City's mailing of its initial written determination.
g) If the customer disagrees with the determination of the City Manager, the customer may appeal the determination to the City Council by filing a written notice of appeal with the City Clerk within ten (10) business days of the City Manager's written determination. Upon receiving the notice of appeal, the City Clerk will set the matter to be considered at an upcoming City Council meeting and mail the customer written notice of the time and place of the meeting at least ten (10) days before the meeting. The decision of the City Council shall be final.

H) Procedures for Occupants or Tenants to Become Customers of the City

1. This section shall apply only when the property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and has been issued a Disconnection Notice.

2. The City will make service available to the actual residential occupants if each occupant agrees to the terms and conditions of service and otherwise meets the requirements of the City's rules and regulations.

Notwithstanding, if one or more of the occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively discontinuing service to those occupants who have not met the requirements of the City's rules and regulations, the City shall make service available to the occupants who have met those requirements.

3. To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall verify that the delinquent customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the City. 5

4. If prior service for a period of time is a condition for establishing credit with the City, residence and proof of prompt payment of rent for that period of time is a satisfactory equivalent. 6

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1. Staff(kr°flit
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

MELECIO PICAZO,ECONOMIC DEVELOPMENT COORDINATOR
SUBJECT: RESOLUTION OF INTENTION TO SELL PROPERTY AT THE SOUTHWEST CORNER OF WASHINGTON BLVD.AND SIXTH AVENUE(APN 1046-433-25)AND SET PUBLIC

HEARING DATE
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution of Intention finding that public interest and convenience require the sale of certain real property, declaring its intent to sell such property, setting a public hearing date for consideration of protests,and finding that the same does not constitute a"project"and is not subject to review under the California Environmental Quality Act.

GOAL STATEMENT
The proposed action supports the City's goal of improving economic development,reduction of blight, and creation of jobs within the City.In addition,the proposed action supports the Historic Downtown Upland Specific Plan's goal to expand housing opportunities in Downtown,and the objective to provide a range of high-quality residential types with a variety of unit sizes that address the housing needs of a diverse housing population, support Downtown businesses,and promote the use of available public transportation. In addition,the action supports the City's goal to comply with the State's Surplus Land Act, Government Code Sections 54220 et seq. for the purpose of disposing of City-owned surplus land.

BACKGROUND
The City currently owns a parcel of real property located at the southwest corner of Washington Boulevard and Sixth Avenue(APN 1046-433-25 -the"Property"). On August 10,2020,the City adopted Resolution No. 6563,declaring the Property surplus as the City no longer needs the Property for its own purposes. In accordance with the Surplus Land Act,in August 2020,the City transmitted Notices of Availability for the Property to all parties required by law, including the state Department of Housing and Community Development("HCD"). The City received two letters of interest for the Property during the waiting period required by law,but neither potential purchaser submitted a fully completed project proposal nor was willing to pay fair market value for the Property.

Because no proposal consistent with the requirements of the Surplus Land Act was received in the statutory window, on January 6, 2022, the City issued a Request for Proposals (RFP) to identify other interested purchasers. The City received two proposals—one from Crestwood Communities to develop up to six(6)single-family attached townhomes on the Property,and one from Gibson Construction to develop an 8-unit apartment complex.The City selected Gibson Construction's proposal and negotiated a Purchase and Sale Agreement with Gibson. However,Gibson Construction subsequently withdrew its offer on October 2, 2023, due to the spike in interest rates and not being able to obtain financing to build the project,as well as market conditions and challenges in building housing at this moment in time.

The City reached out to Crestwood Communities,the other qualified respondent to the RFP,to assess whether it was still interested in the site. On October 11, 2023, Crestwood Communities submitted a Letter of Intent to the City to purchase the site and develop seven(7)market rate single family residential attached(Townhome)units.The City has now negotiated a substantially final Purchase and Sale Agreement("Agreement")with Crestwood Communities. On September 6,2023,and November 13,2023,the City received notice from HCD that its disposition of the Property to the purchaser was in compliance with the Surplus Land Act and that HCD had no further comments. A copy of the notice from HCD is attached to this staff report.

ISSUES AND ANALYSIS
The sale,or transfer,of City-owned land is governed by State law,which provides that the legislative body must make a finding that the public interest and convenience require the sale of public land and adopt a resolution giving notice of its intention to sell such property. (Gov. Code § 37421.)The proposed Resolution would satisfy this requirement, and also set the date of the Council meeting for consideration of the Purchase and Sale Agreement (PSA), and a hearing to consider any protests about the property sale. Approval of the Resolution of Intention will establish a hearing date by the City Council on December 11, 2023, with a recommendation to complete the transaction via approval of a PSA.

Staff recommends the City Council adopt a resolution(see attachment) declaring the City's intent to sell the above- described property to Crestwood Communities and setting a public hearing date for consideration of the PSA and any protests to the sale.

ENVIRONMENTAL DETERMINATION
There are no anticipated environmental impacts from the approval of this resolution.Adoption of this resolution is an organizational and administrative activity of the City and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment,and is therefore not a project for purposes of the California Environmental Quality Act(CEQA); State CEQA Guidelines§ 15378(b)(5).) In the event adoption of this resolution does constitute a project, it is Statutorily exempt under § 15061(b)(3) of the CEQA Guidelines. Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.

FISCAL IMPACTS
There is no fiscal impact associated with the recommended action,which is only to adopt a Resolution of Intention to sell City-owned property. The financial impact of the land sale will be analyzed through the Purchase and Sale Agreement and considered by the City Council on December 11,2023.Ultimately,the purchase price for the Property will be deposited by the City into its Low-and Moderate-Income Housing Asset Fund,to be maintained and used in accordance with state and local law.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, FINDING THAT THE PUBLIC

INTEREST AND CONVENIENCE REQUIRE THE SALE OF

CERTAIN REAL PROPERTY, DECLARING ITS INTENT TO

SELL SUCH PROPERTY, SETTING A HEARING DATE FOR

CONSIDERATION OF PROTESTS, AND FINDING THAT THE

SAME IS NOT A PROJECT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Upland ("City") currently owns in fee that certain real property, measuring approximately 21,350 square feet (0.49 Acres) in area, with Assessor Parcel Number: 1046-433-25 and located at the southwest corner of Washington Boulevard and Sixth Avenue in the Historic Downtown, more specifically described within Attachment A ("Site"); and
WHEREAS, on August 10, 2020, the City adopted Resolution No. 6563 declaring the Site as surplus land and not necessary for the City's use; and WHEREAS, California Government Code Section 54220, et seq. (the "Surplus Land Act") requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers and public agencies with jurisdiction over the site, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, two notices of interest were received during the negotiation period, but one proposer did not submit a purchase price or a project description and one proposal had a purchase offer below market value and was inconsistent with the Historic Downtown Upland Specific Plan guidelines; and
WHEREAS, following the conclusion of the required negotiation period, the City was in a position to receive solicited/unsolicited development proposals for the Site provided the project, if more than 10 units are built, included a minimum of 15% of total dwelling units affordable at low-income levels (80% of County Median Household Income) as required by the Surplus Land Act; and WHEREAS, on January 6, 2022, the City issued a Request for Proposal with proposals due February 10th. Proposals were received from Crestwood Communities for 6 single-family attached townhomes and from Gibson Construction for an 8-unit apartment home development. The City Council provided direction to staff to proceed with Gibson Construction; the City negotiated a Purchase and Sale Agreement with Gibson, but Gibson Construction withdrew its offer on October 2, 2023 due to Gibson Construction subsequently withdrew its offer on October 2, 2023, due to the spike in interest rates and not being able to obtain financing to build the project, as well as market conditions and challenges in building housing at this moment in time. The City reached out to Crestwood Communities, the other qualified respondent to the RFP, to assess whether it was still interested in the site. On October 11, 2023,

Resolution No.

Crestwood Communities submitted a Letter of Intent to the City to purchase the site and develop seven (7) market rate single family attached townhome units; and WHEREAS, the City desires to sell the Site by entering into a Purchase and Sale Agreement ("PSA") with Crestwood Communities, Inc., a corporation, ("Purchaser"); and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of City finds that the public interest and convenience require the sale of public buildings and sites, it may adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Site was presented to the City's Planning Commission ("Planning Commission") on May 25, 2022. At that meeting, the Planning Commission adopted Resolution No. 4965 finding that the disposition of the City-owned surplus property at the southwest corner of Washington Boulevard and 6th Avenue, from City to Purchaser, is in conformity with the City's General Plan; and WHEREAS, the City wishes to declare its intent to dispose of and convey the Site pursuant to the terms of a negotiated Purchase and Sale Agreement, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Site and approval of the Purchase and Sale Agreement; and
WHEREAS, this Resolution of Intention evidences City initiation of the sale process to Crestwood Communities, Inc. of the Site in compliance with the Surplus Land Act and other applicable law, and all that remains outstanding is necessary approvals associated with that disposition process, including the planned protest hearing; and
WHEREAS, the City Council's consideration of this Resolution does not qualify as a "project" under CEQA and does not require environmental review pursuant to CEQA for the reasons described herein.

NOW THEREFORE, the City Council of the City of Upland does hereby resolve, find, determine, and order as follows:

Section 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.

Resolution No.

Section 2. CEQA FINDINGS. The City Council hereby finds and determines that there are no anticipated environmental impacts from the approval of this Resolution. Adoption of this Resolution is an organizational and administrative activity of the City and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of the California Environmental Quality Act (CEQA); State CEQA Guidelines 15378(b)(5).) In the event adoption of this Resolution does constitute a project, it is Statutorily exempt under §§ 15061(b)(3) of the CEQA Guidelines.

Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.

Section 3. PUBLIC CONVENIENCE AND NECESSITY FINDINGS. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Site. The factors demonstrating that the public convenience and necessity authorize the sale of the Site include but are not limited to the following: the Site is not suitable for the City's use, and/or is no longer needed by the City, and/or is in excess of its foreseeable needs. Developing the Site for a higher use with a quality residential development, consistent with the Historic Downtown Upland Specific Plan, will revitalize an underutilized property, provide much needed housing in the City, require a 15% affordability covenant if 10 units or more are ever constructed on the Site, help the City meet its Regional Housing Needs Allocation, and create jobs within the City. Further, it will alleviate conditions of economic and physical blight in the City, and potentially create an increase in property taxes by virtue of rising values, all of which benefit the health, safety, and welfare of the City.

Section 4. DECLARATION OF INTENT TO SELL; FIXING OF HEARING. The City Council of the City hereby declares its intent to sell the Site pursuant to the terms of a negotiated Purchase and Sale Agreement (PSA) and fixes Monday, December 11, 2023, at 7:00 P.M. or as soon thereafter that the matter can be heard at the City of Upland, City Hall Council Chambers, located at 460 N. Euclid Avenue, Upland, California 91786 as the date, time and location for hearing any protests to the proposed sale of the Site, approval of the PSA, and as the final action date.

Section 5. PUBLICATION AND POSTING. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this Resolution at least once in a daily newspaper prior to Monday, December 11, 2023, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Site prior to the aforementioned date.

Section 6. NOTICE OF EXEMPTION. The City Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a Notice of Exemption within five working days of the approval of this Resolution.

Section 7. CUSTODIAN OF DOCUMENTS. The custodian of documents constituting the record of proceedings for this matter is the City Clerk's Office. The documents constituting the record of proceedings for this matter are located at City Hall at 460 N. Euclid Avenue, Upland, California 91786.

Resolution No.

Section 8. SEVERABILITY. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

Section 9. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 27th day of November, 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 November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Resolution No.

ATTACHMENT "A"

DESCRIPTION OF PROPERTY
City-owned parcel totaling 21,350 square feet or 0.49 Acres located at the southwest corner of Washington Boulevard and 6th Avenue in the Historic Downtown with Assessor Parcel Number 1046-433-25.

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STATF OF CALIFORNIA-BUSINESS.CONSUMER SERVICES AND HOUSING AGFNCY GAVIN NEWSOM. Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENTo o? ,air
2020 W. El Camino Avenue,Suite 500 �n�.

Sacramento,CA 95833 a° \ �,y�
(916)263-2911 /FAX(916)263-7453 °etmox
www.hcd.ca.gov
September 6, 2023
Isaac Rosen, Esq.

Best Best & Krieger LLP
300 South Grand Avenue
Suite 2500 25th Floor
Los Angeles, CA 90071
Dear Isaac Rosen:

RE: Written Comments Regarding the City of Upland's Surplus Land Disposition Documentation for the Property at Washington Boulevard and 6th Street (APN 1046-433-25)
Thank you for submitting your surplus land documentation, on behalf of the City of Upland (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on August 14, 2023. This letter constitutes HCD's written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APN 1046-433-25, including provisional permission to proceed with the sale or lease.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on August 10, 2020 and Notices of Availability (NOA) were sent to all the required entities on August 17, 2020. During the required 60-day period, two affordable housing entities expressed interest in the property but no sale was finalized. The City plans to finalize sale of the property to the George M and Amy J Gibson Living Trust to develop 8 units of housing. The City has provided a summary of negotiations. The City has also enclosed the appropriate draft affordability covenant, requiring 15 percent affordable housing if 10 or more residential units are built, to be recorded against the property.

If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APN 1046-433-25. The City is permitted to proceed with the sale or lease of the property.

If you have any questions or need additional technical assistance, please contact Mathew Manweller, Senior Housing Policy Specialist, at [email protected].

Sincerely,
d.c2nLAv-v-
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Division

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Hello,Anne Branham
Thank you for the update.The City is permitted under the SLA to proceed with the disposition of your surplus land as all the requirements of the SLA were previously met with the attempted disposition to the initial affordable housing developer.

Thank you,
Matt Manweller
2

4��a �p19� CITY UPLAND
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'• Stafif(krctilt
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH MICHAEL BAKER INTERNATIONAL,INC.TO COMPLETE THE 2021-2029 6TH CYCLE HOUSING

ELEMENT UPDATE
RECOMMENDED ACTION:

It is recommended that the City Council approve the professional services agreement with Michael Baker International,Inc. in the amount of$78,000 to complete the 2021-2029 6th Cycle Housing Element Update,pursuant to State Planning and Zoning Law;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's overarching goal of providing opportunities for moderate- and low-income residents and households with special needs to rent, purchase, or maintain adequate and safe housing in the community.

BACKGROUND
On December 14, 2020, the City Council approved a professional services agreement with JHD Planning, Inc. to complete the 2021-2029 6th Cycle Update to the City of Upland's Housing Element. The amount of the contract was $134,840 to update the Housing Element and Environmental Analysis,as well as two optional items in the amount of $9,260 for an update to the Safety Element of the General Plan, and$6,260 for an Environmental Justice Update to the General Plan. The professional services agreement was funded by a SB 2 Grant that staff received from the State Department of Housing and Community Development (HCD) in the amount of$310,000 for the Housing Element Update and preparation of an Accessory Dwelling Unit Workbook.

On October 24,2022,the City Council approved a General Plan Amendment to adopt the 2021-2029 Housing Element Update. This was the third Draft of the Housing Element Update. The two previous drafts were submitted to HCD for their review and comment. After City Council approval, staff submitted the approved Housing Element Update to HCD for review and approval. On December 22,2022,HCD responded with a letter detailing a number of changes to the document.

JHD Planning and staff began working on the fourth draft in 2023 to address the comments in HCD's letter. Staff was also working on an amendment to JHD Planning's agreement as it had expired in the interim. An amendment to the contract was not successfully negotiated and staff decided to seek the services of another consultant to assist with the Housing Element Update and obtaining certification by HCD. A total of$80,540 was paid from the SB 2 grant to JHD Planning.

ISSUES AND ANALYSIS
Michael Baker International (Michael Baker) was contacted by staff to provide a proposal to finish the Housing Element Update and obtain certification by HCD. Michael Baker was chosen as they have been very successful with obtaining HCD certification of Housing Element Updates for over twenty(20) cities and counties in this 6th Cycle.

They have worked very closely with HCD and have a keen sense of how to address the voluminous comments that their clients have received during the Housing Element Update review process. In addition, the San Bernardino County Transportation Authority funded the hiring of Michael Baker to prepare the "Affirmatively Furthering Fair Housing" (AFFH) analysis required in Housing Elements for their twenty-five (25) member cities and county, including Upland. Jurisdictions are required this 6th Cycle to analyze and incorporate housing programs and provisions that take meaningful actions to overcome patterns of segregation and foster an inclusive community free from barriers that restrict access to opportunity based on protected characteristics under"Affirmatively Further Fair Housing"provisions required by AB 686(2018).

Michael Baker submitted a scope of work and cost proposal in the amount of not to exceed$78,000 to complete the fourth revisions in the Housing Element Update and obtain certification by HCD. The scope of work includes preparing the AFFH Analysis and the work is factored into the proposed budget,but the cost to prepare the AFFH analysis will be invoiced separately to SBCTA and not charged to the City.

The City Attorney has reviewed the professional services agreement and staff is recommending that the City Council approve the professional services agreement with Michael Baker to complete the Housing Element Update and obtain certification from HCD. The professional services agreement is attached to this report. Included as Exhibit"A"to the agreement is the scope of work,and as Exhibit"B"the cost proposal.

ENVIRONMENTAL DETERMINATION
The professional services agreement is not a project under the California Environmental Quality Act(CEQA)pursuant Section 15378(b)(5) of the CEQA Guidelines. Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a project under CEQA.

FISCAL IMPACTS
The total cost of the professional services agreement will not exceed$78,000 and will be funded with the LEAP(Local Early Action Planning) Grant that the City received approval from HCD in April 2022 in the amount of$300,000.

The invoices received from Michael Baker will be paid from Account No. 2172205-5253-32615. There will be no fiscal impact on the City's general fund resulting from this agreement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of November 27, 2023 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Michael Baker International Inc., a Pennsylvania corporation, with its place of business at 9635 Granite Ridge Drive, Suite 300, San Diego, CA 92123 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Housing Element 6th Cycle Update and Response to HCD Comments (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Work attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B," Cost Proposal. b. Subject to paragraph 2(c) below, in no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$78,000 (seventy-eight thousand dollars). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement. In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
1

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from November 27, 2023 to December 31, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

8. Standard of Care
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Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which shall not be unreasonably withheld. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. Consultant shall perform the work described in this Agreement, subject to such directions and amendments from City as herein provided and shall perform in accordance with the standard of care set forth in paragraph 8. a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. a. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence /$2,000,000 aggregate for bodily injury, personal injury, and property
damage
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Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the 4

City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or 5

subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all third-party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by the negligence of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the 6

foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment.
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant for the time and materials performed and incurred prior to termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 7

19. Organization
Consultant shall assign Dan Wery as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

DISTRICT: CONSULTANT:

City of Upland Michael Baker International
460 N. Euclid Avenue 9635 Granite Ridge Drive, Suite 300 Upland, CA 91786 San Diego, CA 92123
Attn: Development Services Attn: Bob Stark
Director Associate Vice President, Department Manager- Planning
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 8

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Not Used.

29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

32. Liability Limitations
To the fullest extent permitted by Law, the parties expressly agree that: (i) Neither party shall be liable to the other for any special, incidental, indirect, exemplary, or consequential loss, damage, or expense arising out of or relating in any way to this agreement or consultant's performance of services hereunder; and (ii) Consultant's total aggregate liability (whether based 9

in contract, warranty, tort, equity, strict liability, statute, common law, and/or any other claim or theory) for any loss, damage, expense, or cost of whatsoever kind or nature arising out of or in any way relating this agreement or consultant's performance or services hereunder shall not exceed $100,000 or the total fee paid for Consultant's services on the project, whichever is less. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND MICHAEL BAKER INTERNATIONAL
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND MICHAEL BAKER INTERNATIONAL
By: By: 00i f-eekolt/
Robert D. Dalquest
Development Services Director Its:VicePresident
Printed Name: Tim Thiele
11

EXHIBIT A
Scope of Services
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City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal

SCOPE OF WORK
Our cost proposal is based on the tasks as described and the specific assumptions and limitations noted; however,we are happy to work with the City to refine and customize the scope of work according to your needs.Additional services and support for the tasks included in our scope can be provided upon request,at an additional cost.

This scope of work is based on a time and materials budget not to exceed$78,000 which equates to roughly 500 staff hours. This time and materials budget is in addition to the$20,768 of the prior time and materials contract dated April7, 2023 and contract dated May 11, 2023. The budget from this new contract will be used after the balance of the prior contract has been expended.

Task 1.0— Revision & Submission of the Draft Housing Element Update Task 1.1—Response to HCD Comments
Using the City's current draft Housing Element, our team will continue to advise City staff on interpretation, approach, and direction to address the comments provided by the Housing and Community Development Department (HCD). We will take the lead on preparation of revisions in response to the HCD comments from its latest letter dated December 22, 2022.

The revisions and response to comments include revisions to the following chapters and sections:
• Review of Accomplishments
• Housing Needs
• Constraints
• Housing Resources &Sites
• AFFH
• Programs
• Community Engagement
Based on review of the HCD comments and preliminary review of the current draft HUE,the revisions necessary to achieve HCD approval appear to be quite extensive.The majority of the comments and work effort will be for the Sites,AFFH and Housing Programs chapters.

Michael Baker will provide the City with a response to comments (RTC) matrix which documents each comment by HCD and a summary of the response and its location within the Housing Element. Michael Baker will review the preliminary RTC matrix with Upland staff to ensure understanding of the HCD comments and requirements and to confirm the recommended response and revisions to the HEU.

Upon completion of the revisions to the public review and HCD submittal drafts of the HEU,the matrix will be finalized and published for submittal with the revised HEU for the next HCD review.

Task 1.2—Housing Opportunity Sites and Resources Chapter Michael Baker will lead the preparation of the Housing Opportunity Sites and Resources (aka Sites) chapter.This requires a rebuild of the draft housing sites inventory to follow the format, methodology and substantiation of the housing trends, maximum and realistic development yields by income level that meets the requirements and expectations of State Law and HCD.This will include identification and substantiation of the trends,assumptions and detailed analysis of non-vacant opportunity sites to demonstrate that the existing uses and circumstances will not preclude development of the sites for housing within the remainder of the 8-year planning period through 2029. It is anticipated that some of the sites in the current inventory will not meet HCD standards and will require removal and replacement. All of these changes will be 2

City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal reviewed with and require approval by the City(typically Planning Department staff). Briefing and concurrence of the City Manager, Planning Commission and/or City Council will be provided by City staff. Michael Baker will support and attend virtually as requested.

This task will require assistance from the City to document and provide details about recently proposed and approved residential and commercial development over the last eight or so years. Michael Baker assumes that the City will provide additional information regarding each parcel identified. Michael Baker will prepare the narrative detailing the methodology utilized for the Adequate Sites Analysis. Michael Baker will collaborate with the City to review those sites identified and the methodology for consistency with State law.

Michael Baker also assumes that the City will provide site-level data to complete all the fields required of HCD's form for the adequate sites inventory. Michael Baker will continue to work with City staff to identify potential zoning strategies to address the need for additional housing unit capacity, if needed. It is noted that because the HEU will not be certified within one year of the statutory adoption deadline, HCD will not be able to issue a letter of substantial compliance until any required zoning revisions necessary to meet the lower-income RHNA have been implemented.

Task 1.3—AFFH Analysis
Michael Baker will prepare an AFFH chapter(or appendix as appropriate)that identifies strengths and weaknesses in fair housing practices and identifies the relationship between the fair housing findings and the Housing Element Sites Inventory.We will use data provided by SBCTA via the local jurisdiction data packet and the regional AFFH analysis and other sources (i.e. local knowledge, service provider records, San Bernardino County 2020 Analysis of Impediments / Consolidated Plan,etc.)to analyze the fair housing issues and their contributing factors in the City of Upland.Key elements will include:
• Introduction—overview of AB 686 and a brief history of Upland summarizing existing demographic composition including race/ethnicity,age, housing tenure,familial status, etc.and compare it to the region. • Outreach — a summary of engagement conducted with and outcome of that engagement with fair housing service providers.
• Assessment of Fair Housing—this section is the bulk of the AFFH analysis and covers:
o Fair Housing Enforcement and Outreach Capacity
o Integration and Segregation Patterns and Trends Related to People with Protected Characteristics and Lower Incomes
o Racially and Ethnically Concentrated Areas of Poverty o Disproportionate Housing Needs, Including Displacement o Summary of Fair Housing Issues, Including Local Knowledge (from City) • Site Inventory— Improved/Exacerbated Conditions
o Segregation and Integration
o Racially and Ethnically Concentrated Areas of Poverty and Affluence o Disparities in Access to Opportunity
o Disproportionate Housing Needs, Including Displacement 3

City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal o Isolation of the RHNA
• Identification and Prioritization of Contributing Factors — this section identifies Fair Housing Issues and Contributing Factors, prioritizes the contributing factors and address their influence on the Goals and Actions • Goals and Actions—this section identifies specific goals and actions that address the contributing factors and provides a timeline for each contributing factor.

Michael Baker will prepare and administrative draft of the AFFH appendix for City review and comment. Michael Baker will then prepare a clean public review draft incorporating City comments for submission to HCD (Task 1.6).

The AFFH chapter incorporates and is dependent upon the inventory of opportunity sites in the Sites chapter.Any revisions to the sites inventory will require extensive changes to the AFFH chapter maps,tables,figures, and text, and may trigger new findings and conclusions, issues that result in new programs or other revisions to the HEU.

The estimated budget for this task assumes only one draft of the AFFH chapter. Revisions to accommodate changes to the sites inventory are not included and may require additional time and materials budget.We will make every effort to work with the city to avoid such changes and costs,and to stay within the original estimated budget.

Task 1.4—Supplementary Engagement of Lower-Income and Special Needs Households One of HCD's concerns and requirements is to document efforts to meaningfully engage and obtain the input from lower- income and special needs households.Toward this end,we recommend an additional outreach effort be made during the HEU revision period. We recommend preparing and distributing a least of key questions to a variety of trusted local leaders or sources including community-based organizations, churches, community groups, and any know individuals that may be part of or represent these groups. Michael Bake will work with the City staff to identify and develop a list of appropriate groups and individuals.The City will distribute the materials via email, hard copies and other notifications via suitable channels and media (newsletters, announcements,flyers,websites, social media, etc.).The materials will include return addresses, as well as links to emails, websites to return responses. We propose to schedule multiple times and dates for group or one to one interviews. The goal will be to obtain at least 5-10 responses during the period. Michael Baker will then summarize the outreach and engagement efforts and results of the input,and identify any recommended programs if appropriate.

Task 1.5—Housing Program Review and Revisions
The Housing Programs are the culmination of the HEU effort. HCD requires specific, measurable and enforceable outcomes and deadlines (metrics) for each program. There are nine HCD comments requiring revised or additional programs. It is possible that additional programs will be require or recommended based on the results of the preparation of the new Sites and AFFH chapters.

Michael Baker will recommend,discuss and confer with City staff,and lead the development of the housing plan programs to satisfy State requirements. This will require close coordination with and concurrence by the City to review and refine the specific programmatic commitment to measurable and enforceable outcomes (metrics) and accomplishment dates.

Michael Baker will prepare and recommend programs and approaches that HCD has previously requested, recommended and/or recently approved in HEUs for other cities.

Task 1.6—Administrative, Public and HCD Review Draft Housing Elements Upon the City's confirmation of the proposed responses to comments, and Michael Baker's completion of the new Sites and AFFH chapters, Michael Baker will prepare a new complete administrative draft (internal) draft of the HEU with all chapters,appendices and revisions in track changes.
4

City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal Upland staff will review and comment on the administrative draft to confirm any revisions and refinements. Michael Baker will then make the revisions as part of preparation of the public review draft of the Housing Element.

The new public review draft is required to be published for a minimum of seven (7) days prior to submittal to HCD for its next 60-day maximum review and comment letter.

The City will be responsible for the distribution of the public review draft. It will need to be posted to the City website; notification will need to be made in the same manner as done for prior drafts, and notification will need to be provided to anyone who had previously requested notification.

The City will review public comments and provide them in a consolidated format for Michael Baker to review and incorporate any necessary revisions. Michael Baker assumes comments and necessary revisions to the HEU will be relatively minor in nature.Typically,there are few,if any,public comments at this stage that require substantive revisions.

Following completion of the public review period and any revisions in response to public review comments,the City will submit the draft Housing Element to HCD for review.

Michael Baker will be available for facilitation and ongoing consultations with HCD to achieve compliance with applicable state guidelines.We recommend scheduling:
• An introductory meeting with the HCD review team to preview the new Upland HEU team, approach, schedule and critical path issues and proposed responses.
• A second/third meeting with HCD to review the specific responses to comments with use of the working RTC matrix prior to release of the public review draft.
• A third/fourth meeting with HCD roughly mid-way through the 60-day HCD review with the objective to identify any necessary changes and revisions that can be made during the HCD review to achieve a letter of substantial compliance (aka "certification).

Task 1.7—Final Housing Element—Adoption
This task assumes the likelihood that HCD will have some remaining comments and revisions prior to providing a final letter of substantial compliance (aka Certification). As noted, if rezoning is necessary to meet the lower-income RHNA, HCD will only be able to provide a conditional letter of substantial compliance until the zoning amendments have been adopted.

Our team will prepare the final Housing Element Update document with any final revisions resulting from HCD review,as budget permits.We will provide required findings to City staff for adoption or ratification (if appropriate) of the Housing Element by the City Council.

This task includes virtual attendance (via Zoom,TEAMS, or equivalent) of up to two members of the Michael Baker team to support City staff and answer questions at one Planning Commission and one City Council adoption hearings. The budget for this task includes support,coordination and assistance of City staff with preparation for the meetings including PowerPoint slides, staff reports, procedural requirements,etc.

Task 1 Deliverables:
• New Sites chapter and inventory
• New AFFH chapter
• Revisions to other HEU chapters:Accomplishments, Needs, Constraints • Outreach and Engagement of Lower-income and Special Needs Households • Updated Programs and Programs chapter
5

City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal • Administrative Draft Housing Element Update
• Public Review Draft Housing Element
• Up to 4 meetings with HCD (new team introduction, RTC preview, Detailed RTC, mid-HCD review) • Draft Housing Element Update and Response to Comments Matrix for HCD Review • Final Housing Element Update and Findings
• Support and Virtual Attendance at Planning Commission and City Council adoption hearings (2) Assumptions:

Michael Baker assumes the following information will be provided by the City:
• Recent outreach results
• Relevant City Council and Planning Commission priorities • Completed Housing Element Annual Progress Reports
• Housing application and permit records 2013—Present(Ongoing) • Pipeline (recently approved and pending) housing projects without COs prior to June 30, 2021 • Recent housing projects—examples of recycling existing uses and densities achieved • Housing-related zoning amendments
• Updated parcel-level data with complete zoning information • Local data on average fees for single family and multifamily development • Information on average permit timelines for single family and multifamily development • Information on local amendments to the building code • Detailed list of affordable housing that is at-risk of conversion from affordable to market-rate • Detailed list of all available resources for those with special needs including housing for seniors, those experiencing homelessness,farmworkers, and those with disabilities 6

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
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City of Upland,6t'Cycle Housing Element Update Michael Baker Preparation Proposal

COST PROPOSAL
All services will be provided on an as-needed time and materials basis. Hours are estimated based upon preliminary review and understanding of the HCD comments and condition of the current October 2022 draft HEU prepared by John Douglas. Updates on the progress and expenditures will be made as part of monthly invoices. Michael Baker will notify the city immediately of any unforeseen circumstances that may affect the nature or extent of the anticipated scope of work or the adequacy of the time and materials budget. Michael Baker reserves the right to reallocate time between staff and tasks within the total not-to-exceed budget.

Project Associate Technica Total
Task Manager Planner I Writer Hours Fee $240 $140 $105
Task 1.1 Response to HCD Comments 16 64 4 84 S 13,220 Task 1.2 Housing Opportunity Sites and Resources Chapter 16 100 6 122 S 18,470 Task 1.3 New AFFH Chapter 6 60 6 72 S 10,470 Task 1.4 Lower-Income&Special Needs Engagement 6 32 2 40 S 6,130 Task 1.5 Housing Program Review and Revisions 8 36 4 48 S 7,380 Task 1.6 Administrative I Public Review Draft Housing Element 12 80 8 100 S 14,920 Task 1.7 Final Housing Element—Adoption&Hearings 16 24 2 42 S 7,410 TOTAL 80 396 32 508 $ 78,000
7

�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: November 27,2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:BRADEN YU,PUBLIC WORKS DIRECTOR

ALAN FRENCH,PRINCIPAL ENGINEER

YESENIA DIAZ,ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVAL OF TRACT MAP 20519 AND SUBDIVISION AGREEMENT, LOCATED AT 1400 ARROW HIGHWAY
RECOMMENDED ACTION:

It is recommended that the City Council approve Tract Map 20519 for recordation and authorize the City Manager to sign the subdivision agreement.

GOAL STATEMENT
The proposed action supports the City's goal to adhere to a review schedule for the processing of development proposals in an efficient,professionally responsive,and courteous manner.

BACKGROUND
On August 24, 2022,the Planning Commission adopted Resolution No. 4972 approving Development Plan Review No. 21-0009 and TTM 20519, to allow the development of 64 single-family condominiums residential units, landscaping,open space,and related site improvements consistent with the Rose Glen Specific Plan located at 1400 E.Arrow Highway.

ISSUES AND ANALYSIS
The final map approval and recordation will allow for the sale of the 64 single-family condominium residential units to be constructed. The final map is in conformance with the conditions of approval. The Subdivision Agreement and a cash monumentation bond in the amount of$56,700 has been received by the City. Both public and private improvements have been bonded for.

ENVIRONMENTAL DETERMINATION
An Initial Study and Mitigated Negative Declaration(IS/MND)was prepared pursuant to Sections 15063(c)and 15070 of the California Environmental Quality Act Guidelines and to address the potential environmental effects of the proposed project. The IS/MND analyzed environmental impacts that would be potentially affected by the proposed project and determined that potentially significant impacts with respect to Air Quality,Biological Resources,Cultural Resources,Geology and Soils,Hydrology and Water Quality,Noise,and Tribal Cultural Resources,would be reduced to less than significant levels with the incorporation of mitigation measures. (See Exhibit I of the Initial Study/Mitigated Negative Declaration).All comments received on the IS/MND were formally responded to in August of 2022.Therefore,the proposed subdivision and the proposed site improvements are not likely to cause substantial damage to the environment.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: An Initial Study and Mitigated Negative Declaration was prepared pursuant to Sections 15063(c)and 15070 of the California Environmental Quality Act Guidelines.A Mitigation Monitoring Program has also been prepared to ensure implementation of,and compliance with,the mitigation measures for the Project.

FOR CONDOMINIUM PURPOSES
LOT SUMMARY EXISTING EASEMENTS VICINITY MAP TENTATIVE TRACT MAF' Numbered Lots I Lettered Lots O EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:

NO . 20519 Lot# S.F. Acres Lot# S.F. Acres GRANTED TO: H. W. STOWELL AND A. M. CHAFFEY 1 11,485.8 0.264 A 18,681.8 0.429 PURPOSE: WATER PIPES AND OTHER CONDUITS 210 FWY BEING PARCEL A"OF LOT LINE ADJUSTMENT No. 03-01 IN THE CITY OF UPLAND, RECORDED NOVEMBER 20, 2003 AS 2 _ 6,206.2 0.142 B 4,670.5 0.107 RECORDING DATE: FEBRUARY 12, 1900 3 12,545.9 0.288 INSTRUMENT No. 2003-0872505 OF OFFICIAL RECORDS, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. C 17,923.8 0.411 RECORDING NO.: BOOK 282, PAGE 138 OF DEEDSLLI 4 5,616.0 0.129 D 7,199.3 0.165 AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED Q 5 5,620.5 0.129 E 1,578.1 0.036
F 2,700.0 0.062 BASELINE ROAD 6 14,022.0 0.322 O3 EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: J G 9,328.1 0.214
7 14,592.0 0.335 - U 8 11,936.7 0.274 H 4,663.9 0.107 GRANTED TO: CALIFORNIA LAND IMPROVEMENT COMPANY PARCEL MAP 608 9 6,840.0 0.157 I 2,949.2 0.068 PURPOSE: PIPES AND INCIDENTAL RIGHTS Z Lv p. L go 0 0 Y00 8 J 2,082.5 0.048 RECORDING DATE: SEPTEMBER 24, 1900 10 14,592.0 0.335 K 237.8 0.005 RECORDING NO.: BOOK 293, PAGE 172 OF DEEDS 1-..-_ F OTHILL BLVD SITE PARCEL f/ 11 14,592.0 0.335 L 262.1 0.006 AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. 12 5,681.2 0.130 M 953.7 0.022
__ T,^^w _T _ ^� 13 11,669.3 0.268 N 1,275.8 0.029 0EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: ARROW 1 Total 135,399.6 3.108 0 511.2 0.012
mmillI
RESERVED BY: ONTARIO LAND & IMPROVEMENT CO.

P 760.4 0.017 PURPOSE: WATER PIPES, CONDUITS AND RIGHTS INCIDENTAL Total 75,778.1 1.740 RECORDING DATE: NOVEMBER 27, 1901 1232.5k 12 1231.2ft 1229.7k 1229.0ft 1228.311 1227.6ft 1226.9k 1,24..„ F�
RECORDING NO.: BOOK 304, PAGE 195 OF DEEDS 1 0 FWY�� L ,J ®N89°48'23"W 1324.63'
® AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. O ® • - ____.]
'
• s
° 7 ARROW HIGHWA 60 EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:
oo \ - � GRANTED TO: ONTARIO DOMESTIC WATER COMPANY g /' n� / ' L, M - PURPOSE: WATER PIPES AND OTHER CONDUITS USED IN DISTRIBUTION OF WATER AND RIGHTS ... o N89°48'23"W 390.26' --, 12°95k 1227.4ft 1227.4ft 226.9ft INCIDENTAL ��
.► , � - '; 197' \ r,.. --L -' ' '�'^ / _ RECORDING NO.: BOOK 332, PAGE 297 OF DEEDS -� -; -- NOTES z .� 2-.7ft 6tt Ian I Division AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. ! \ w 2396R 23.6ft 1. EXISTING LAND USE: COMMERCIAL 1 ,8.4- 1235.Bft
k4Nilliwk N ,it,...,______ ,�,6.k 1$WE 2. PROPOSED LAND USE: RESIDENTIAL D y, LOT 1 4 I- LOT 2 12436R 7O EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: 3. EXISTING ZONING: LIGHT INDUSTRIAL a - APPROVED4. LAND USE CATEGORY: LIGHT INDUSTRIAL / o GRANTED TO: CUCAMONGA LAND IMPROVEMENT COMPANY 5. EXISTING GENERAL PLAN: LIGHT INDUSTRIAL BUSINESS PARK Z •• 22e.ek IF 1226.5k 122.E COI Zm,2.25.5ft 'ft °' /,� PURPOSE: IRRIGATING DITCHES OR PIPES AND ALL ARTESIAN WATER THAT MAY AT ANY TIME BE / ,2444ftor '454ft LOT9kL3 LOr s LC DEVELOPED AND RIGHTS INCIDENTAL 6. SANITARY SEWER SERVICE BY CITY OF UPLAND/INLAND EMPIRE UTILITIES AGENCY (IEUA).

7. DOMESTIC WATER SERVICE BY CITY OF UPLAND/INLAND EMPIRE UTILITIES AGENCY (IEUA).

RECORDING DATE: APRIL 20, 1903 8. PROPOSED DEVELOPMENT IS WITHIN THE UPLAND UNIFIED SCHOOL DISTRICT.

J
,i, '% 24.s• 7- 24�` _ RECORDING NO.: BOOK 354, PAGE 288 OF DEEDS AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. 9. ALL UTILITIES SHALL BE UNDERGROUND.

GAS - SOUTHERN CALIFORNIA GAS CO.
183' O 161 �,�� 8' 106' 245"` 2,8.4k =�" JinViVtiaf ELECTRICAL - SOUTHERN CALIFORNIA EDISON CO. 244.9k
180' „ „ 104' f_ O 2I5.3R 4Y,9. 218.4k ' 237.4R ,�'. r TELEPHONE - VERIZON LOT ''� „,6m GpA. 21 . 0002 O EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: CABLE T.V. - SPECTRUM 1228.' • SQ co 1224.5k Dale
Lem 1 "r GRANTED TO: CUCAMONGA WATER COMPANY AND CALIFORNIA LAND IMPROVEMENT COMPANY 10. GRADED SLOPES SHALL BE 2:1 UNLESS OTHERWISE SHOWN.

IR" • 1�� � 1 N N PURPOSE: PIPES, AQUEDUCTS AND RIGHTS INCIDENTAL 11. FUTURE LOT LINE ADJUSTMENT TO BE COMPLETED IN THE NORTHWEST CORNER OF THE SITE. �h'P,S�g 22 --,-5,
s 56' _� 102 8' 6� 5' _109 �_ 1 ® RECORDING DATE: AUGUST 03, 1903 12. PROPOSED ZONING: SPECIFIC PLAN 48' �,� 6,
96 7 23' 96 RECORDING NO.: BOOK 403, PAGE 105 OF DEEDS iirp _� AFFECTS: NOT PLOTTED - THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT. pAF'CEL MAP fl5i;a (LOT 'G' >_OT 'M' ,254.,.,E LOT 'N' zic21 0002 *ALL ELEVATIONS ON THIS TENTATIVE MAP ARE BASED ON THE NGVD29 DATUM, FROM poNa r iN 0 88-8J 20' LOT 4 z. Ln _ BENCHMARK 5B-86 AT THE CORNER OF ARROW HIGHWAY AND GROVE AVENUE. 0 EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:

PAN EL L 1 1225.ft in 12253k 20' 20' Lf) Co
12E16.2k 1246.5k GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY F, I sp . 21 . 0002 LOT 5 1245.,k PURPOSE: PUBLIC UTILITIES AND RIGHTS INCIDENTAL

LEGAL DESCRIPTION
N
12482 , i --12,e.� RECORDING DATE: SEPTEMBER 26, 1956 20 20 N p RECORDING NO.: BOOK 4048, PAGE 481 OF OFFICIAL RECORDS ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF 96' 27' ;r, 32' 96' AFFECTS: A PORTION OF PARCEL 'A' CALIFORNIA, DESCRIBED AS FOLLOWS:
1 3' \ __.__ lir)
- 1243.9ft 1 28'
TT21 0002
1251.8R PARCEL A OF LOT LINE ADJUSTMENT NO. LA-03-01, RECORDED NOVEMBER 20, 2003 AS \-(
1246.• \ LOT 3 �"'., 1 � O / 7�//4 LOT 7�///y�� LOT 7�//e 000910 EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: INSTRUMENT NO. 2003-0872505 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED 1225. 1224.3k 12242k 1223.Ok LOTY-II (/V UV AS FOLLOWS:

I �I
N `-I DpR . 21 _ GRANTED TO: CITY OF UPLAND 1\`r �' PURPOSE: SEWER AND RIGHTS INCIDENTAL PARCEL 1 OF PARCEL MAP NO. 15774, IN THE CITY OF UPLAND, COUNTY OF SAN BERNARDINO, I■ 229.0R 1248.6ft I� !-I 2353k 23~ t 'ft RECORDING DATE: SEPTEMBER 10, 2003 STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 195, PAGES 37 AND 38 OF PARCEL \ ° -",r) - °I - RECORDING NO.: INSTRUMENT NO. 2003-0682438 OF OFFICIAL RECORDS MAPS, RECORDS OF SAID COUNTY.

AFFECTS: A PORTION OF PARCEL 'A'
0 LOT 6 LOT 7 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
f i N o BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; I
1 . ,z\ 1224.4ft 1224.4ft 3 1224. s i I__L 3 4 \ \�` � 1 1 EASEMENTS) FOR THE PURPOSES) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: THENCE ALONG THE NORTH LINE OF SAID PARCEL 1, NORTH 89° 48'23" WEST, 16.84 FEET, THENCE PARALLEL TO THE EAST LINE OF SAID PARCEL 1, SOUTH 00° 05'20" WEST, 611.45 FEET 1 GRANTED TO: CITY OF UPLAND TO THE SOUTHEASTERLY LINE OF SAID PARCEL 1; Z0� \r}\_______...ft
' ,,atePURPOSE: SIDEWALKANDRIGHTSINCIDENTALTHENCEALONGSAIDSOUTHEASTERLYLINE, NORTH63° 35'38"EAST, 18.82 FEET TO THE EAST '245.,kRECORDINGDATE: SEPTEMBER10, 2003RECORDINGNO.: INSTRUMENTNO. 2003-0682439OFOFFICIALRECORDSLINE OF SAID PARCEL 1; 24J AFFECTS: APORTIONOFPARCEL 'A' THENCEALONGSAIDEASTLINE, NORTH00° 05'20"EAST, 603.02 FEET TO THE POINT OF 7 ,232.4ft ' L. t� �� ��� �� ��� �� BEGINNING.223.3k1223.tk12224k 1220.6ft 1247.8. TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS:
1 1223.01E jilli.
'
CP
`i - ' 1232.6k 128' THAT PORTION OF THE WEST ONE-HALF OF LOT 5, SECTION 8, TOWNSHIP 1 SOUTH, RANGE 7 123' 0 1 „4,.° 244 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY 124,.2k ,240.911

23.', OF UPLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN �o \ 45' I \1232.2k �2322k PROPOSED EASEMENTS BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, FURTHER DESCRIBED IN A GRANT DEED TO THE I]
`� O10 26' INGRESS EGRESS AND EMERGENCY ACCESS OVER PRIVATE GROVELANDS 2002, LLC, RECORDED ON JUNE 2, 2003 AS INSTRUMENT NO. 2003-0366058 OF \'�'•` `" ''� ° OFFICIAL RECORDS OF SAID COUNTY, AND THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.`L \ °" o STREETS AND PUBLIC UTILITY PURPOSES. 1221.4k 122. 1221.9 \ ,.Bk I 1220.6k °2n'xl \ \ I N 15774, IN SAID \ I CD TRACT �Alr 1(�'�00� 0 26' EASEMENT FOR PUBLIC UTILITY PURPOSES. CITY AS PER MAP RECORDED IN BOOK 195, PAGES 37 AND 38 OF PARCEL MAPS, RECORD OF \ I w SAID COUNTY, DESCRIBED AS FOLLOWS:
\\ \\ 'G'
LOT 10 °� ��g 0 2.�=�O 3 24' INGRESS EGRESS OVER PRIVATE STREETS FOR PUBLIC UTILITY LOT o O BEGINNING AT THE SOUTHWEST CORNER OF SAID GRANT DEED TO THE GROVELANDS 2002, LLC, /N o PURPOSES. 1 _f---„,
242.Bft \ 3 RECORDED ON JUNE 2, 2003 AS INSTRUMENT NO. 2003-0366058 OF OFFICIAL RECORDS OF SAID �� \ ��� \\ . 1 >\
N - z COUNTY, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 5; \ \ THENCE NORTH 63° 35'36"EAST 37. 12 FEET ALONG THE NORTHWEST LINE OF SAID GRANT DEED ® EARTHWORK SUMMARY TO THE GROVELANDS 2002, LLC, RECORDED ON JUNE 2, 3003 AS INSTRUMENT NO. 1220.7ft • a•',.•k 1220. \ \1220.3R 1219.8k 1219.2k 1218.7k I 9..k \ \ 2003-0366058 OF OFFICIAL RECORDS OF SAID COUNTY TO THE SOUTHWEST CORNER OF A GRANT \ \ I I 1240.„t I CUT FILL EXPORT DEED TO THE N
"' - 3,982 CYS 3,834 CYS 150 CYS GROVELANDS 2002, LLC RECORDED ON MARCH 7, 2003 AS INSTRUMENT NO. 2003-0150333 OF \ _\
LOT 9 ( OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00° 05'22"EAST, 611.40 FEET ALONG THE WESTERLY LINE OF SAID GRANT DEED 'o' -\ \ \\ 2364ft 1219.8ft TO THE GROVELANDS 2002, LLC, RECORDED ON MARCH 7, 2003 AS INSTRUMENT NO. \ 1L_,,38_,, 2 87 LOOT 6 LOOT 4 LOOT ,6 2003-0150333 OF OFFICIAL RECORDS OF SAID COUNTY TO THE NORTHWEST CORNER THEREOF, \ ; 0
SAID POINT BEING A POINT ON THE SOUTHERLY LINE OF ARROW HIGHWAY (33' HALF WIDTH); 1219.9ft 1219 \ I /.5ft 127 4H��. \ \ THENCE SOUTH 00° 00' 32" WEST, 628.01 FEET TO A POINT ON SAID SOUTHERLY LINE OF LOT 5; \`.� 38.Bft * 1-CS
11236.4k12384ft •,a,A.g ' '�;"ft ' _ 72�.,� THENCE NORTH 89° 49'27" WEST, 34. 10 FEET ALONG SAID SOUTHERLY LINE OF LOT 5 TO THE 1 1238.{k\ -
oo��. POINT \ OF BEGINNING.

I
I APN: 1046-481-14 3Q ,1 I 1238.Ok 1233.8k 218. � �_ 121 B.Bk 121 Sft 45�6 _ \' ,234.eft1 ,234LOT 1 1 'u,\ 1217.4ft 1218.0ft I , / 1z26.2tt :CI-
Its_ `
LEGEND
0 Ix !m 125.9R \27 .\' 1227.9kf242.71t

RIGHT OF WAY
,2260R 2260R LOT LINE PARGL L\AP f/g774 z I LOT V LOT 6V LOT SA P9 M flgg\i ge-sela.1ft °\ 16 \ 2,7.,k 2,6.9k 2,6.Bk sL TRACT BOUNDARY PARR& 2 9
] i

STREET CENTER LINE
123&3k
.` o' 1235.8k 235 EASEMENT \\\I
6Q) o I 128 \��'� 22.,ft EXISTING LOT LINE LOT 'H' = 20' I LOT 12 ,---7.- - - 7 - - 7 194- 7 - - 7 - DAYLIGHT LINE 1 0 101 PROPOSED MAJOR CONTOUR En
N. N

PROPOSED MINOR CONTOUR
54' �' 1216.5R ,,7dft 1216..:
\ -- , - - CUT/FILL LINE 0 b
120 . EXISTING RIGHT OF WAY cNi
5' c
08' 3 RETAINING WALL © 51 226.' � I V5 3
N 1 � - _.42i.2ft ,229.Of 1230.2tt / �y 12 ,235.7R I 1236.Ok 222 3' 4,� R SHEET INDEX 1215.7ft T D 1438.6k 1240.SR 1238.7k
- L 182 ___ ,� 48' 5'
-1235.: TTM-1 COVER SHEET 5 187 LOT 13 /6 ��' TTM-2 CONCEPTUAL GRADING, SITE SECTIONS 00 AND STREET SECTIONS �o 23sBft TTM-3 UTILITIES 1230.1ft ,237.E
w •�
0o W co LOE..7,?' _,236. L(o%� 70 LOT 76 LOT G b / '71-.6 -
OOII Ro
1236.1
.
1218.4R Z 1216.1ft 1218.7f . J - / 12177R\ 1235.7k 1240,5k
I
,22].3ft ,22].2ft
r\-K1 >\
,22.0R

PROJECT INFO
,,,, J 12261.4,2mm N 0 121 WORK ORDER: 4438-3 223.6ft „r 222.6R N89°49'24 243.62' 4.-------- , ' r ,,�\ I I ='�'7ft _„II\,` CONTOUR INTERVAL: ±4.848L GROSS AREA: 1 AC 1 Y3B.]fl 1238.8k fialswit
, ,20FI illW HUNSAKER E TOTAL NUMBERED LOTS: 64 i2:ft
228.,ft 2z7.eR -`� TOTAL LETTERED BE MAINTAINEDOTS:BY HOA 23 1226.6fi I
1231.0ft r op '
1240.Ok I »' 1223.7ft 223.5ft 12227ft 12226ft //�� /%/� ASCEL
f� I..32.5k
i 1225.4ft SOILS ENGINEER 1241.2k 1241.3k v` / 1223.8k 1223.5k ,223.9k 122J.7R PARCELI n ,/ 180�0 6 PAR V), 0 tat-e©
RMA GeoScience
0 FEET 9854 Glenoaks Boulevard �pS/ ,AI. 0 15 50 60
LOT 212.1k 211.5 21 , 1221 Jk �, Sun Valley, California 91352 1-800-762-4396
0 1/2 1 2
INCHES

STATEMENT OF OWNERSHIP
I HEREBY STATE THAT THIS MAP WAS PREPARED UNDER •=ESS/Q\ _�s?9,- ESS/aN:\\,
MY SUPERVISION AND THAT THE OWNER OF RECORD HAS �<a P� R• co' \\\l KNOWLEDGE OF AND CONSENTS TO THE FILING OF THIS MAP. j���� `` cc;1II NO. 74550 m
� z
Lill s, c \�j%
1/4Avt/tot, ,
` 9J / v1�/
DATE 5/12/2022 \ \OF cA�,---
1-
F-
U
z
- - - PREPARED FOR: OWNER: PREPARED BY: SHEET w DRAWN BY: LP CENTURY COMMUNITES JENKINS FAMILY TRUST H U N S A K E R & ASSOCIATES COVER SHEET u 4695 MACARTHUR COURT 1738 N. PALM AVE. d- NEWPORT BEACH, CA 92660 UPLAND, CA 91784 FgAI R VINE I N C 0) (909)
DESIGNED BY: JV ( ) TENTATIVE TRACT NO. 20519 7J[%4- 1 667-0142 909 265-3722 PLANNING ■ ENGINEERING ■ SURVEYINGN Three Hughes • Irvine, CA 92618 • PH: (949) 583-1010 • FX: (949) 583-0759 City of Upland 0 NO. DATE REVISIONS APPROVED CHECKED BY: BL PLOTTED BY: Joey Valadez DATE: May. 12, 2022 10:51 :55 AM FILE: H:\00750\FEWHING"91 13

LEGEND

PROJECT BOUNDARY
W W PROPOSED WATER LINE
o S S o PROPOSED SEWER LINE
SD -SD PROPOSED STORM DRAIN

PROPOSED RIGHT OF WAY

PROPOSED LOT LINE
-' \� / PROPOSED CENTERLINE .\C: 600 PROPOSED CONTOUR LINE NE
�� /' - - - - - - - f TOP OF SLOPE C,\F\/ ‘ f TOE OF SLOPE QP
-EX. R/W - - - - - - - - - - DAYLIGHT LINE E' ARROW H W Y PROPOSED EASEMENT L RETAINING WALL -EX. 12" WATER
580 ----- EXISTING CONTOUR
/ 12°°w z°°w 2°°w 12°°w H�E 2"W 7 - z�°w 2�°w z°°w 12"W 12°°w , 2�°w z�°w,_ii- 1 LOT NUMBER y 13 V
2g S F .. P=XXX.X PAD ELEVATION .
17-'7;1 ,- _r Mg7. _ .. - iiFiriu A� MISIENUME

GRADING QUANTI TIESENTIRE PROJECT SITE
' ' ' EEX. P/LJ �P=1225.E P=12259 P=t 6.2 P= .5 P=12PR 8' VCP SS .. EXPORT 150 CYS •
E.. . , _ - ' 4/
-- ���� --tom- - MEM --
C3 '' 1 h i
I �LLU.v4f I�. - Ni
, 6 ., /
°� _'.• 1 124.71 FL _1 ' S.66 FL 1226. 18-L 0 • 1225.71 FL
1224.85 1224.26 TC 1 .0% H 1225.3'r T 1.'25 52 C 0 5%14M, 1226.07 IC `• L
' FL �G ,-. .- - r- ,.,_„, ;r_rrrr;;,-,,;;;;rr;;;;ii;;;;;;rr;;;;;ii; ` , � Iir _I!iiT
P r�M■l »G PR. 8"VCP SS a��\
M 'i:' 27' 3 U ( , . S ( i ��� ,� 51 4•
g4' ON o N •8 TC IWIP
G 50
52 1-- P=1225.8 P=1225.9 P=12 6.1 i
1225.41 �p P\L P\L „ c '• S - 1225.E r- • 11 ,I�� •
■'• ■'• ■' il!!!!!!!!!
1224.91 • ► �� ,g� i' EX. 6' WATER I. ° TO B: REMOVED
7' Ri-\NL is _ 1 r III �� LOT 5 �� ��„ w2. �� �� •EX. 8 WATER X. P/LN I �d \ N �d ,\c �d �d r �d i EXISTING FREE ii ,• �J iy� F� �� � I��STANDING WALL I • i m CE AC 5 E . I f10' A • ' •EMENT O
Tw LOT 3 i ��
56 57 � ' ' •, UNIT 2 41,
UNIT 1EXISTING PAD
R
50 • P=1224.0 P 1223.7 .7%
ZF
c\, N . EXISTING N11 AGGROUND
en,. RTW� I • 1111'lI L-=11. I_J� . 3\G IFi! ILFI!E'l .. n I1IL
- ,,,,;;;;LOT 6,,,,,,,,,,,,,,;,; . F,EX. 6" SEWER is �223.2o FL � � FSECTION H-H ..® SR .. F NTS.- �; 223.05 TC `� 1 0 1221.92 TC rO . II br ..A 0 r.... r-IEN 1 N. - 7 2/:\!lov , . . „iii - -., ,?,2'\;0 0- 4 (' '?:)* ' Cj . .milm_ ill •. • F� i
a • rn �\ • 0� • C / I N .: 59 58 / 43 4yC 7 45 P N 11222.9 ' 72.6 11221.7 -P�1222.0 11 22.1 o P\L P\L C/L 7 m `!I \m ® y
q: -
AC m\ 1111
ci
♦ . '� I>,5 FV • / EXISTING FREE l '\;\*J\h \
60 0 20 j �• •�� 0 42 Z 41 40 ci I.- STANDING WALL TC l T-19 P=1221.1 P=1221.3 ® t 10' R/W C/L R/W• FL ' g� 7 ss ‘ . °' > I
UNIT 47 UNIT 46 EXISTING STREET 23, G ��i .� ® 13' 13' 6.5' ♦ f ••� ' F ► 1� �g� -'_ EXISTING PROPOSED 1 \_
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rfr - - - PREPARED FOR: OWNER: PREPARED BY: SHEET w s DRAWN BY: LP 0 15 30 60 90 120 CENTURY COMMUNITES JENKINS FAMILY TRUST H U N S A K E R & ASSOCIATES N 4695 MBEACH,URQCOURT 1738 N.UPLAND, PALM AVE.

FgAI R V I N E , I N C CONCEPTUAL GRADING PLAN SCALE: 1" = 30' DESIGNED BY: JV TENTATIVE TRACT NO. 20519 TTM-2 N (909) 667-0142 (909) 265-3722 PLANNING • ENGINEERING • SURVEYING Three Hughes • Irvine, CA 92618 • PH: (949) 583-1010 • FX: (949) 583-0759 City of Upland NO. DATE REVISIONS APPROVED CHECKED BY: BL PLOTTED BY: Joey Valadez DATE: May. 12, 2022 10:52:29 AM FILE: H:\00750\FFE J1N3\9112v13

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N \ _ / AGENCY/EMERGENCY TELEPHONE NUMBERS •IL AGENCY SERVING THE AREA TELEPHONE =4 0 15 30 60 SEE DETAIL ' ' ELECTRIC: SOUTHERN CALIFORNIA EDISON 800 655-4555 W_HUNSAKER�E mm GAS: SOUTHERN CALIFORNIA GAS CO. 909 307-7070 _ _
TELEPHONE: VERIZON 909 920-0202
r SCALE: 1" = 30' CABLE: SPECTRUM 951 547-3830 SEWER: CITY OF UPLAND/ INLAND EMPIRE UTILITIES AGENCY IEUA 990 993-1600 WATER: CITY OF UPLAND/ INLAND EMPIRE UTILITIES AGENCY (IEUA� 990 993-1600 S FIBER OPTIC: FRONTIER 888 986-4147 WASTE: CITY OF UPLAND/ BURTEC WASTE 909 949-0500 POLICE: UPLAND POLICE DEPARTMENT 909 946-7624 FIRE: COUNTY OF SAN BERNARDINO FIRE DEPARTMENT 909 387-5974 SCHOOLS: UPLAND UNIFIED SCHOOL DISTRICT 909 985-1864 k-
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NEWPORT BEACH, CA 92660 UPLAND, CA 91784 FkAI R VINE I N C m 909 667-0142 (909) TENTATIVE TRACT NO. 20519 TTM-3 N 265-3722 PLANNING • ENGINEERING • SURVEYING N Three Hughes • Irvine, CA 92618 • PH: (949) 583-1010 • FX: (949) 583-0759 City of Upland 0 NO. DATE REVISIONS APPROVED CHECKED BY: BL PLOTTED BY: Joey Valadez DATE: May. 12, 2022 10:51 :18 AM FILE: H:\00750\FEA,VENIINGV143

SUBDIVISION AGREEMENT
Tract Map Number 20519
THIS AGREEMENT is entered into as of this 16 day of November 2023 by and between Century Communities of California LLC, 4695 MacArthur Court, Suite 300, Newport Beach, CA 92660 (hereinafter referred to as "Subdivider") and the CITY OF UPLAND, a municipal corporation (hereinafter referred to as the "City").

A. Recitals
(i) The City approved a Tentative Tract Map pursuant to the California Subdivision Map Act as set forth in California Government Code Section 66410 et. seq. ("Map Act") identified as Tentative Tract Number 20519 in the City of Upland, State of California; and
(ii) Subdivider seeks approval of a Final Tract under the Map Act identified as Final Tract Map Number 20519
B. Agreement
It is agreed by and between the parties hereto as follows:

1. In consideration of the City's approval of and filing Tentative Subdivision Map Number 20519 and Final Tract Number 20519 , Subdivider undertakes and agrees that it will, at Subdivider's sole cost and expense, design, construct and install all the improvements in accordance with the plans, specifications on file with the City, incorporated herein and made a part hereof, and including all conditions of approval required by the Planning Commission and City Council of the City of Upland.

2. Subdivider also undertakes and agrees upon the same consideration to design, construct and install all improvements in accordance with the ordinances and regulations of the City, and to do all other and further acts required of it pursuant to this Agreement.

3. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Parcel with respect to such improvements.

4. Subdivider agrees that all such improvements shall be constructed and completed in accordance with the city standards required by the City Engineer.

In case of dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties.

5. Subdivider undertakes and agrees that all of the work of improvement shall be completed within three hundred sixty five (365) days from the date of execution of this Agreement.

6. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable to the City for the reasonable value of any work or improvements not completed or improperly done or performed. In the event of any such failure, the City shall give to Subdivider written notice thereof.

Unless the work or improvements covered by said notice, including defective work and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, the City may at its option: