Ordinance No.
PASSED, APPROVED, and ADOPTED this day of , 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024 and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
� �p1
��� 9� CITY UPLAND
'., _i 6 "The City of Gracious Living" C,,tIFOB,S
'• Stafif(krctilt
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
CLIFFORD MATHEWS,POLICE CAPTAIN
BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING UPLAND CITY PARK HOURS RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 9.04.090 regarding closing hours for Upland Municipal Parks.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining order, enhancing public safety,and allowing the public to enjoy free public parks.
BACKGROUND
The current Upland Municipal Code has park closures from sunset until sunrise the following morning. Any person who remains in a municipal park during closing hours shall be guilty of a misdemeanor.This municipal code requires individuals to understand the parks open and close at different times each day,which can be confusing.
ISSUES AND ANALYSIS
The existing municipal code prohibits individuals from being in the parks from the beginning of sunset until sunrise the following morning.The parks usually close between 6:00 and 9:00 pm in the summer due to daylight savings time.
In the winter months, the parks close between 4:45 pm and 6:00 pm, depending on sunset time for that day. In the winter,the early park closure prevents children and adults from utilizing park facilities for exercise and recreation. It rains more often during winter,and people stay indoors more frequently. Establishing later park hours will contribute to the better well-being of the public during winter months,allowing them more time to enjoy activities at the parks.
The existing park hours can confuse the public as sunrise and sunset times change daily. Therefore,park hours vary daily.The City's existing code requires the public to adjust their activity and routine based on the sunset and sunrise.
A determinate time on park hours will make it easier for the public to understand when the parks open and close.
It is requested the City Council amend the section to include the closing of parks from 9:00 pm to 7:00 am, allowing the public to be more active in the parks. Changing the park hours will attract more people to the parks to enjoy physical activity.It will continue to be a misdemeanor for anyone present in a park from 9:00 pm to 7:00 am.
This amendment would also make it unlawful for individuals to park vehicles in the park during closing hours from 9:00 pm to 7:00 am.Numerous vehicles have been parked or left unattended at various parks overnight,and there is no current lawful remedy to deal with these vehicles.Preventing parking during closing hours will decrease blight and crime in the parks. This does not affect a person's ability to park vehicles overnight on a public street as prescribed by law. The amendment would make it an infraction(parking citation)to park a vehicle between 9:00 pm and 7:00 am.To enforce this section,the City will need to erect signs at all entrances to public parks displaying this section and language summarizing this section.
This amendment will also exempt individuals who attend city-authorized/sponsored community activities in the park and will not apply to city-owned vehicles,city employees,or contractors performing their duties. For example,some authorized sporting events end after 9:00 pm, and thus these individuals would be exempt until the activity has concluded. It will also allow the City Manager to issue a park closure order if he or she determines public health, safety,and welfare threats exist.
The proposed amendment would enhance public awareness and provide for transparent enforcement of violations at the parks.
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
This amendment does not require additional patrol enforcement,so a fiscal impact should not be related to this action.
In the case of enforcement,revenue will be generated by current fine schedules.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING UPLAND MUNICIPAL
CODE SECTION 9.04.090 REGARDING CLOSING HOURS
FOR UPLAND MUNICIPAL PARKS
WHEREAS, the City desires to maintain order and enhance public safety; and WHEREAS, the City desires to support the public in their free enjoyment of public parks; and
WHEREAS, the City desires to make a determinate time for the closing hours of parks; and
WHEREAS, the City desires to regulate parking of vehicles overnight in public parks; and
WHEREAS, the City desires to protect the health, safety, and welfare of all persons by allowing the City Manager to issue a park closure if he or she determines there are threats to the health, safety, and welfare of the public; and WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local ordinances and resolutions that do not conflict with the general laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Section 9.04.090 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"9.04.090 Closing Hours for Upland Municipal Parks
A. All municipal parks in the city will be closed from 9:00 p.m. each night until 7:00 a.m. the following morning. Any person who remains in a municipal park during prohibited hours shall be guilty of a misdemeanor.
B. No vehicle operator shall stop, stand, park, or leave standing such vehicle in a public park parking lot from 9:00 p.m. each night until 7:00 a.m. the following morning. A violation of this subsection is an infraction.
C. This section shall not apply to anyone attending city- authorized/sponsored community activities in the park.
D. This section does not apply to City of Upland vehicles nor to employees or contractors of the City when in the performance of their duties.
Ordinance No.
E. The City Manager or his/her designee may issue a park closure order if he or she determines that there are threats to the health, safety, and welfare of the public or if the use of the park by the public would cause damage to turf, landscaping, equipment, or other public resource. Once a park closure order is issued, City staff shall cause a park closure sign or notice to be placed in a prominent location at the entrances to the park."
Section 3. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), 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) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2024.
Bill Velto, Mayor
Ordinance No.
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Staff(krctilt
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
CLIFFORD MATHEWS,POLICE CAPTAIN
BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING REGULATIONS RELATED TO
OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED PARKING LOTS RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance adding"10.36.040 0" of the Upland Municipal Code regarding parking of vehicles in government owned public parking lots to regulate safety,prevent crime, decrease blight, and prevent storage of vehicles in government owned public parking lots in the City.
GOAL STATEMENT
The proposed action supports the City's goal of preventing the storage of vehicles in city-owned parking lots.
BACKGROUND
Throughout the past several years,the Upland Police Department has come across vehicles left parked in various City parking lots overnight and for more than 72 hours. Some of these vehicles have been abandoned in these lots, and there is currently no lawful remedy the city can take to remove these vehicles promptly. Some of these vehicles have had an abundance of trash left inside and on them,while others have been left in these lots for so long that they have attracted cobwebs.
ISSUES AND ANALYSIS
The proposed amendment to the Upland Municipal Code would make it an infraction to park vehicles in a government- owned public parking lot between 3:00 am and 5:00 am. City operations are closed between 3:00 am and 5:00 am except for the Police Department.Individuals with lawful business with the Police Depai intent will be exempt under the code. Additionally,it would allow the City to tow and store vehicles that are parked or left unattended in a City- owned parking lot for more than 72 hours,provided the owner has not been located and warned to move the vehicle, the enforcement official has given a written warning,and the City has posted signs at the parking lot summarizing this section.This recommended addition to the municipal code does not interfere with parking overnight on city streets.
Some individuals residing in the downtown district have no parking other than limited street parking near their residence and must regularly park in a City-owned public parking lot. To be considered a downtown district resident under this code,the resident must live between A Street and D Street, 1st Avenue,and 3rd Avenue. Residents will be exempt under this code if they obtain a Yearly Residential Parking Permit at City Hall.
Downtown district residents may obtain up to two Yearly Visitor's Parking Permits to allow visitors to park in the parking lot.The City may allow a downtown district resident to obtain more than two Yearly Visitor's Parking Permits on a case-by-case basis.Downtown district residents or visitors with the appropriate yearly permit can park overnight; however,permit holders must abide by all other state,federal,and local laws.Permit holders must display the permit clearly for the enforcement officer to see.
The proposed Upland Municipal Code amendment will not apply to City vehicles, City employees, or contractors performing their duties.
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
This amendment does not require additional patrol enforcement, so there should be no fiscal impact related to this action.In the case of enforcement,revenue will be generated by current fine schedules.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING "10.36.040 0" OF THE
UPLAND MUNICIPAL CODE REGARDING PARKING OF
VEHICLES IN GOVERNMENT OWNED PUBLIC PARKING
LOTS TO REGULATE SAFETY, PREVENT CRIME, DECREASE
BLIGHT, AND PREVENT STORAGE OF VEHICLES IN
GOVERNMENT OWNED PUBLIC PARKING LOTS IN THE CITY
WHEREAS, the City desires to maintain order and enhance public safety; and WHEREAS, the City desires to regulate parking of vehicles overnight in government owned public parking lots; and
WHEREAS, the City desires to prevent the storage of vehicles in government owned public parking lots thus allowing access for parking of vehicles for the intended use at the government facility; and
WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local ordinances and resolutions that do not conflict with the general laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Upland Municipal Code ("UMC") Section 10.36.040 0 is hereby added to read in its entirety as follows:
"0. Parking of Vehicles in Public Parking Lots
1. No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any government owned public parking lot within the City between the hours of 3:00 a.m. and 5:00 a.m. A violation of this section is an infraction.
a. An individual is exempt from this provision when parking at the Police Department for the purpose of active and lawful business with the Police Department such as, but not limited to reporting a crime or conducting a custody exchange.
2. No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any government owned public parking lot within the City for more than 72 consecutive hours. To comply, the vehicle must be completely removed from the government owned public parking lot and remain away from the parking lot for at least 6 hours. A vehicle parked more than 72 consecutive hours in any government owned public
Ordinance No.
parking lot is subject to be towed and stored provided the following exists:
a. The City's designated enforcement official has made a reasonable effort to locate the operator of the vehicle in an attempt to get the operator to move the vehicle prior to the vehicle being towed and stored by the City.
b. The enforcement official has placed a 72-hour warning on the vehicle that specifies the time the enforcement official located the vehicle, the vehicle's license plate, vehicle identification number, make, model, and color. The warning shall include language specifying that failing to remove the vehicle within the 72-hour period will result in the vehicle being towed and stored. c. Signs are posted by the City at all entrances to the government owned public parking lot displaying this section and language summarizing this section.
d. Vehicles towed and stored through this section are subject to the same administrative fees as adopted by the City.
3. Notwithstanding the foregoing, residents in the downtown Upland area who have obtained a Yearly Residential Parking Permit or a Yearly Visitor Parking Permit (for their visitors) are approved to park at government owned public parking lots between the hours of 3:00 a.m. and 5:00 a.m. and for a duration over 72 consecutive hours provided they follow the procedures below. The applicable downtown Upland area is defined as the area between A Street and D Street (to the south and north) and 1st Avenue and 3rd Avenue (to the west and east). Yearly Residential Parking Permits and Yearly Visitor Parking Permits may be obtained through City Hall during normal business hours.
a. Individuals residing in the downtown Upland area may be issued a Yearly Residential Parking Permit free of charge after showing proof of residency in the downtown Upland area.
b. Each resident showing proof of residency in the Upland downtown area may be issued up to two Yearly Visitor Parking Permits per year free of charge. The City may approve additional Yearly Visitor Parking Permits for downtown Upland residents on a case by case basis.
c. Yearly Residential Parking Permits and Yearly Visitor Parking Permits must be displayed in clear view on the vehicle that the permit is assigned to by the City.
Ordinance No.
d. Vehicles exempt under this provision shall be parked in the downtown government owned City parking lot nearest the residence associated with the vehicle in the permit.
e. The possession of a Yearly Residential Parking Permit or a Yearly Visitor Parking Permit does not absolve the owner or operator of the vehicle from compliance with other applicable local, state, or federal law.
4. Subdivisions of subsection "0" do not apply to City of Upland vehicles and do not apply to employees or contractors of the City when in the performance of their duties."
Section 3. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), 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) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
Section 6. Publication. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2024.
Bill Velto, Mayor
Ordinance No.
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: February 12,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER CHANGING THE MEETING DAY OF REGULAR UPLAND CITY COUNCIL
MEETINGS
RECOMMENDED ACTION:
It is recommended that the City Council discuss changing the regular City Council meetings to the 2'and 4`11 Tuesday of the month; and consider holding first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 2.02.010 changing the regular meeting days of the Upland City Council.
GOAL STATEMENT
The proposed action supports the City's goal of open and public discussion of items for Council consideration.
BACKGROUND
On January 8,2024,the City Council adopted Resolution No. 6760 moving the time of open session for regular City Council meetings to 6 p.m.with closed session starting as early as 4 p.m. During the January 8,2024 meeting,Council requested that staff bring back an item for consideration,moving the day of regular City Council meetings to the 2nd and 4th Tuesday of each month, except August and December when the second meeting is permanently canceled by Resolution No.6520.
Upland Municipal Code Section 2.02.010 sets the regular city council meeting day on the 2nd and 4th Monday of the month with the hour designated by resolution.
ISSUES AND ANALYSIS
Should the Council wish to move forward with changing the day of regular City Council meetings to the 2nd and 4th Tuesday of the month one consideration is meeting conflicts. Currently our Assistant City Attorney Rice occasionally fills in at Council meetings for City Attorney Deitsch,but the Tuesday schedule would conflict with an obligation that Assistant City Attorney Rice has at another city. In addition,Assistant San Bernardino County Fire Chief Birchfield also attends Fontana City Council meetings. Should Fontana move their meetings back to their traditional 7 p.m.time slot,this would create a conflict for Assistant Chief Birchfield.
Additionally, the Public Works Committee currently meets on a quarterly basis on the 2" Tuesday of the month.
Should Council choose to introduce the Ordinance moving the City Council meetings to the 2nd and 4`h Tuesday of the month then staff will bring back a resolution to Council at a subsequent meeting moving the regular Public Works meetings to an alternate day.
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
The fiscal impact of the proposed action is limited to the cost of publication of the proposed Ordinance. There is sufficient funding in the City Clerk FY 2023-24 budget for the publication.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING UPLAND MUNICIPAL
CODE SECTION 2.02.010 CHANGING THE REGULAR
MEETING DAYS OF THE UPLAND CITY COUNCIL
WHEREAS, Section 2.02.010 of the Upland Municipal Code establishes that regular meetings of the Upland City Council are held on the 2nd and 4th Monday of the month and regular meeting times be established by resolution per Government Code Section 36805; and
WHEREAS, the City desires to change the regular meeting days of the Upland City Council to the 2nd and 4th Tuesday of each month.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Section 2.02.010 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.02.010 City council—Time and meeting.
The regular meetings of the city council of this city shall be held in the City Hall of the city of Upland, located at 460 North Euclid Avenue, on the second and fourth Tuesday of each month at the hour designated by resolution of the city council. Whenever a regular meeting falls on a holiday, the meeting shall be held on the following day. (Prior code § 2200)."
Section 3. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), 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) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Ordinance No.
Section 6. Publication. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk