Monday, September 9, 2024
Open session begins at 6:00 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.
City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.
City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.
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: James Ems v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2322381 b.CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS
California Government Code Section 54956.8
Property: 1.03-acre parcel located on Third Avenue, approximately 75 feet south of the Pacific Electric Trail and adjacent along the north side of the Coy D. Estes Senior Apartments, in the City of Upland (Assessor Parcel Number: 1046-411- 54)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, Housing Manager Diane Cotto and Housing Coordinator Lizzet Avalos.
Negotiating Party: Steven Dukett, Upland Community Housing, Inc.
Under Negotiation: Price and Terms of payment
5.INVOCATION
Pastor Noel Anderson, First Presbyterian Church
6.PLEDGE OF ALLEGIANCE
7.PRESENTATIONS
Certificate of Recognition to Information Technology Manager Richard Jeganathan for his exemplary service to the Community during the CrowdStrike incident.
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.
CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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 7
Recommended Action:
Approve the Special Meeting Minutes of August 9, 2024, the Special Workshop Minutes of August 12, 2024, the Regular Meeting Minutes of August 12, 2024, and the Special Meeting Minutes of August 29, 2024. (Staff Person: Keri Johnson)
b.TREASURER’S REPORT JULY 2024 19
CEQA: Not a Project.
Recommended Action:
Receive and file the July 2024 Treasurer’s Report. (Staff Person: Stephen Parker) c.CONSIDER APPROVING THE RECLASSIFICATION OF ONE RECREATION
COORDINATOR POSITION TO A SENIOR RECREATION COORDINATOR 36 CEQA: Not a Project.
Recommended Action:
Approve the reclassification of one Recreation Coordinator at the Gibson Senior Center to a Senior Recreation Coordinator; amend the Classification Plan as described; and add the Senior Recreation Coordinator job description to the Classification Plan. (Staff Person: Stephen Parker)
d.FIRE DEVELOPMENT IMPACT FEES 43
CEQA: Not a Project.
Recommended Action:
Establish the Fire Development Impact Fees (DIF) Fund (Fund 418); transfer the $318,428 liability from the General DIF Fund to the Fire DIF Fund as of July 1, 2023; approve the refunding of $254,149 in weed abatement costs incurred by the City between Fiscal Year 2017-18 and Fiscal Year 2023-24 from the City’s General Fund to the Fire DIF Fund; and appropriate the remaining balance of $64,279 to Account No. 418XXXX-5253 in Fiscal Year 2024-25. (Staff Person:
Stephen Parker)
e.CONSIDER ADOPTING A RESOLUTION ACCEPTING BUILDING FORWARD:
LIBRARY INFRASTRUCTURE GRANT – ROUND ONE
45 CEQA: Not a Project
Recommended Action:
Adopt the Resolution Accepting Building Forward: Library Infrastructure Grant – Round One funding of $252,080. (Staff Person: Stephen Parker) 48 f.CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD
SERVICES
CEQA: Not a Project.
Recommended Action:
Approve the agreement with All City Management Services, Inc. for crossing guard services in the amount of $195,102 for the 2024/2025 school year and authorize the City Manager to execute the agreement. (Staff Person: Marcelo Blanco)
g.CONSIDER APPROVAL OF THE REALLOCATION OF ARPA FUNDS FOR
POLICE DEPARTMENT BUILDING UPSTAIRS EXPANSION
58 CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.
Recommended Action:
Reallocate previously approved American Rescue Plan Act (ARPA) funds in the amount of $200,000 and approve an additional $50,000 to fund an upstairs expansion at the Police Department. (Staff Person: Marcelo Blanco) h.CONSIDER ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 20448 59 CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines.
Recommended Action:
Accept the improvements for Parcel Map 20448 and reduce the improvement bonds to 25%. (Staff Person: Robert Dalquest)
i.CONSIDER APPROVAL OF TRACT MAP 20647 AND SUBDIVISION
AGREEMENT, LOCATED AT THE NORTHWEST CORNER OF NORTH FIRST
AVENUE AND A STREET
71 CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines Recommended Action:
Approve Tract Map 20647 for recordation and authorize the City Manager to sign the subdivision agreement. (Staff Person: Robert Dalquest) j.CONSIDER APPROVAL OF ELIGIBLE AMERICAN RESCUE PLAN ACT
FUNDED COMMERCIAL REHABILITATION PROGRAM APPLICATIONS AND
REVISED GRANT APPROVAL PROCESS
93 CEQA: Exempt from the California Environmental Quality Act pursuant to 15301 and 15331 of the CEQA Guidelines.
Recommended Action:
Accept the Grant Review Committee’s recommendation relative to eligibility and funding for eleven (11) Commercial Rehabilitation Program (“CRP”) projects listed herein and return the authority to approve individual project grant funding to the Grant Review Committee for all future CRP projects. (Staff Person: Robert Dalquest)
k.CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR PROJECT NO.118
9149, STORM WATER TRASH CAPTURE SYSTEM INSTALLATION PROJECT CEQA: Exempt from further environmental review pursuant to Section 15301(c).
The City filed the Notice of Exemption with the County of San Bernardino on June 7, 2023.
Recommended Action:
Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for Project No. 9149, Storm Water Trash Capture System Installation Project. (Staff Person:
Chris Alanis)
11.PUBLIC HEARINGS
a.CONSIDER ADOPTING A RESOLUTION APPROVING THE HUD CITIZEN
PARTICIPATION PLAN
120
CEQA: Exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA guidelines.
Recommended Action:
The City Council will conduct a public hearing to receive public comments and consider adopting the City's Citizen Participation Plan. (Staff Person: Robert Dalquest)
Staff Presentation1.
Hold Public Hearing2.
Close Public Hearing3.
Adopt a Resolution approving the City’s Citizen Participation Plan required by the U.S. Department of Housing and Urban Development (HUD) and direct staff to transmit all documents to HUD.
4. 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 ADOPTING A RESOLUTION ESTABLISHING MEASURE N
SPENDING PRIORITIES
151
CEQA: Not a Project.
Recommended Action:
Adopt a Resolution expressing Council’s intent to prioritize spending of transactions and use (sales) tax revenue (TUT) for infrastructure and public safety purposes. (Staff Person: Stephen Parker)
14.COUNCIL COMMUNICATIONS
15.CITY MANAGER
16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 23, 2024.
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, 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 September 4, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov
1 MINUTES OF THE SPECIAL MEETING OF THE UPLAND CITY COUNCIL
August 9, 2024
12:30 p.m.
SPECIAL MEETING
Council Chamber and remote location
City Hall, 460 N. Euclid Avenue and Kaiser Permanente Regional Laboratory Lobby, 13000 Peyton Drive, Chino Hills CA
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: Assistant City Manager Stephen Parker, City Attorney Stephen P.
Deitsch, City Clerk Keri Johnson
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 12:30 p.m. in the Council Chamber of the Upland City Hall.
2. ORAL COMMUNICATIONS
Gabe Garcia, Upland Police Officer's Association, spoke in support of the proposed sales tax measure and provided Upland crime statistics and police department staffing statistics.
Brian Taylor, Upland, stated that the cost of everything is going up and the passage of a sales tax measure will help the city with increasing costs.
Mark Walters, Upland, spoke in opposition of the proposed sales tax measure and stated that the 24-hour posting of the meeting was not transparent and questioned why the sales tax measure was not considered earlier.
Mike Nunez, Upland, stated that the proposed sales tax measure is unnecessary and detrimental to the economic wellbeing of Upland citizens and implementing a sales tax will be a financial burden for residents. He further suggested that the Council consider alternative revenue options.
Amy Valdivia, Chair of the Board of the Upland Chamber of Commerce, spoke in support of the proposed sales tax measure and stated the importance of ensuring roads, public safety services, and essential city operations are well funded.
3. AGENDA ITEMS
a. CONSIDER ADOPTING RESOLUTIONS PLACING A SALES TAX MEASURE
ON THE NOVEMBER BALLOT
Assistant City Manager Parker presented the staff report.
2 City Clerk Johnson announced that the proposed ballot language had changed after the posting of the agenda; and the change was posted to the website and distributed to the Council and the public.
There was discussion regarding appropriate timing for placing the sales tax measure on the ballot and infrastructure needs in the City.
Assistant City Manager answered questions from the Council regarding revenue options for the City.
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6788 calling for the placement of a General Tax Measure - known as the City of Upland Infrastructure, Public Safety and City Services Measure - on the ballot for November 5, 2024 General Municipal Election for the submission to the qualified voters of an ordinance to enact a general transactions and use tax (sales tax) at the rate of one cent (1¢).
Motion: Carried with Councilmember Garcia opposed
Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Adopt Resolution No 6789 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code.
Motion: Carried Unanimously
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Adopt a Resolution No. 6790 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 5, 2024 General Municipal Election.
Motion: Carried Unanimously
b. CONSIDER ADOPTING A RESOLUTION WITHDRAWING A GENERAL TAX MEASURE FROM THE NOVEMBER 5, 2024 BALLOT RELATING TO
BUSINESS LICENSE TAXES
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Consider adopting Resolution No. 6791 withdrawing a General Tax Measure from the November 5, 2024, General Municipal Election Ballot relating to amending various sections of Chapter 5.04 of the City’s Municipal Code as it relates to business license taxes.
3 Motion: Carried with Councilmember Garcia opposed
4. ADJOURNMENT
Mayor Velto adjourned the workshop at 1:18 p.m. The next regularly scheduled City Council meeting is Monday, August 12, 2024.
Keri Johnson, City Clerk
1 MINUTES OF THE SPECIAL MEETING OF THE UPLAND CITY COUNCIL
August 12, 2024
4:30 p.m.
SPECIAL WORKSHOP
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: Assistant City Manager Stephen Parker, City Attorney Stephen P.
Deitsch, City Clerk Keri Johnson
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 4:30 p.m. in the Council Chamber of the Upland City Hall.
2. ORAL COMMUNICATIONS
None
3. AGENDA ITEMS
a. DOWNTOWN UPLAND PARKING STRUCTURE WORKSHOP
Development Services Director Dalquest provided information on the workshops that will be held during the conceptual design phase of the project and introduced Senior Planner Joshua Winter and consultants with Watry Designs that are working on the conceptual designs.
Project Manager Taylor Kim with Watry Design Inc. provided information on the conceptual designs along with a PowerPoint presentation, and answered questions posed by the Council.
Assistant Project Manager Meghana Prabhune with Watry Design, Inc. presented the conceptual architectural designs. Development Services Director Dalquest answered questions posed by the Council regarding the two conceptual designs and the architecture of existing buildings in the downtown.
Landscape Architect Jane Cataldo presented the conceptual landscape designs.
The Council provided feedback on the landscape options.
4. ADJOURNMENT
Mayor Velto adjourned the workshop at 5:30 p.m. The next regularly scheduled City Council meeting is Monday, August 12, 2024 at 5:30 p.m.
2 Keri Johnson, City Clerk
1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL
August 12, 2024
6:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling (present for closed session only), Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: Assistant City Manager Stephen Parker, City Attorney Stephen P.
Deitsch, City Clerk Keri Johnson
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:31 p.m. in the Council Chamber of the Upland City Hall.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Excuse the absence of Councilmember Breitling.
Motion: Carried with Councilmember Breitling absent
2. ADDITIONS-DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
4. CLOSED SESSION
At 5:31 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2 CASES)
Paragraph (1) of Subdivision (d) of Section 54956.9
Name of Cases: Aqueous Film-Forming Foams Product Liability Litigation, Master Docket No. 2:18-mn-2873-RMG; City of Camden, et al. v. BASF Corporation, Civil Action No.: 2:24-cv-03174-RMG; City of Camden et. al. v. Tyco Fire Products LP, Civil Action No.: 2-24-cv-02321-RMG
The City Council reconvened in open session at 6:02 p.m.
5. INVOCATION
2 Reverend Jan Chase, Unity Church of Truth, Pomona
6. PLEDGE OF ALLEGIANCE
Led by Treasurer Bradley
7. PRESENTATIONS
Certificate of Recognition to Eagle Scout Levi Baker, Troop 66 Library Annual Report presented by Library Director Adam Tuckerman
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Brian Taylor, Upland, commented on item 10j, flashing beacon on 11th Street, and stated that he appreciated that it will be fixed and thanked Interim Public Works Director Alanis.
Mike Nunez, Upland, requested clarification about the special meeting held on Friday, August 9, 2024 and questioned the polling that was conducted prior to the meeting.
10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Item 10p for separate action.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar.
Motion: Carried with Councilmember Breitling absent
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of July 22, 2024.
b. DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF
CALIFORNIA CITIES CONFERENCE
Appoint Mayor Velto as the voting delegate and Mayor Pro Tem Breitling as the alternate voting delegate to represent the City of Upland at the League of California Cities General Assembly Meeting on October 18, 2024. c. CONSIDER APPROVAL OF SIDE LETTER BETWEEN CITY AND UPLAND MID-MANAGEMENT EMPLOYEES’ ASSOCIATION FOR REVISIONS TO
CERTIFICATION TRAINING PAY ARTICLE
Approve the side letter agreement between the City and the Upland Mid- Management Employees’ Association (UMMEA) for revisions to the certification training pay article.
d. CONSIDER APPROVAL OF JULY 2024 WARRANT AND PAYROLL REGISTERS
3 Approve the July 2024 warrant registers (check numbers 48710-49307 and direct disbursements totaling $23,243,203.31) and payroll registers totaling $1,868,175.07 (check numbers 163946-163962 and electronic fund transfers 48884-49445).
e. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
MANAGED PRINT SERVICES
Approve a multi-year contract with Sharp Inc. to provide city-wide multifunctional printer (MFP) equipment and managed print services (MPS) and authorize the City Manager to execute a lease agreement.
f. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
ATLAS PLANNING SOLUTIONS FOR LOCAL HAZARD MITIGATION PLAN (LHMP) CONSULTING SERVICES
Approve a Professional Services Agreement with Atlas Planning Solutions for assistance in updating the City’s Local Hazard Mitigation Plan (LHMP); and authorize the City Manager to execute the agreement.
g. CONSIDER APPROVAL OF FY 2024/25 BLANKET PURCHASE ORDERS FOR
PUBLIC WORKS UTILITIES DIVISION
Approve purchase orders for Fiscal Year 2024/25 with various vendors for the Public Works Utilities Division.
h. CONSIDER APPROVAL OF A MAINTENANCE SERVICES CONTRACT FOR ON-CALL CONCRETE PAVEMENT SERVICES.
Approve a Maintenance Services Agreement with T.S.R. Concrete & Inspection, Inc. for an On-Call Concrete Pavement Repairs and authorize the City Manager to execute the agreement.
i. CONSIDER ADOPTING RESOLUTIONS APPROVING MEASURE I CAPITAL
IMPROVEMENT PLANS AND CAPITAL PROJECT NEEDS ANALYSIS
Adopt Resolution No. 6792 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2024/2025 through 2028/2029, and adopt Resolution No. 6793 approving the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030.
j. CONSIDER AN AWARD OF BID FOR THE 11TH STREET FLASHING SIGNAL BEACON & ALLEY IMPROVEMENTS (BID No. 2024-05)
Approve the Plans and Specifications for the 11th Street Flashing Signal Beacon & Alley Improvements Project; award the construction contract to Gentry General Engineering, Inc. in the amount of $254,330; and authorize a construction contingency in the amount of $40,670, for a total amount of $295,000. k. CONSIDER AN AWARD OF BID FOR CITYWIDE SLURRY SEALS (BID NO. 2024-06)
Approve the Specifications for the Citywide Slurry Seals Project; award the construction contract to Pavement Coatings Co. in the amount of $538,904.68; authorize a construction contingency in the amount of $56,095.32, for a total amount of $595,000.
4 l. CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR LANDFILL GAS
TREATMENT SYSTEM UPGRADE
Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Landfill Gas Treatment System Upgrade Project.
m. CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR PARKING LOT & ALLEY REHABILITATION, EAST OF 1ST AVE, NORTH OF “A” STREET Accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Parking Lot & Alley Rehabilitation East of First Avenue, North of “A” Street. n. CONSIDER APPROVAL OF AGREEMENTS FOR ON-CALL SERVICES FOR
THE PUBLIC WORKS ENGINEERING AND CAPITAL IMPROVEMENT
PROGRAM DIVISIONS
Approve six (6) professional services agreements for on-call services for the Public Works Engineering and Capital Improvement Program Divisions, authorize the City Manager to execute the agreements; and approve the associated budget amendments.
o. CONSIDER APPROVAL OF A PURCHASE ORDER WITH LOWES FOR FISCAL YEAR 2024/25
Approve a blanket purchase order for Lowes Home Improvement in the amount of $76,000.
q. CONSIDER ADOPTING A RESOLUTION APPROVING AN
UNDERGROUNDING IN LIEU FEE FOR ADMINISTRATIVE USE PERMIT NO. 23-0005, LOCATED AT 950 MONTE VISTA AVENUE
Adopt Resolution No. 6794 approving a cash in lieu fee in satisfaction of Condition 40.13 of Administrative Use Permit No. 23-05 and Development Plan Review No. DPR-23-01 for the Development of a drive-thru carwash facility located at 950 Monte Vista Avenue (APN: 1007-021-11).
r. CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY
FUND ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN
FOR FOOTHILL BOULEVARD
Accept $4,000,000 in funding from the County of San Bernardino throug h Supervisors Armendarez’s and Hagman’s allocations of the Board of Supervisors Discretionary Fund – District Specific Priorities Program for a rehabilitation of Foothill Boulevard from Benson Avenue to Redding Way, and authorize the City Manager to execute the agreement.
p. CONSIDER APPROVAL OF THE FIRST AMENDMENT TO THE AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF UPLAND AND BURRTEC WASTE INDUSTRIES, INC.
Council thanked Burrtec for their services.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
5 Approve the First Amendment to the Amended and Restated Agreement between the City of Upland and Burrtec Waste Industries, Inc. for waste management services, and authorize the City Manager to execute the amendment and any related documents on behalf of the City.
Motion: Carried with Councilmember Breitling absent and Councilmember Garcia abstaining
11. PUBLIC HEARINGS
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers reported on meetings, trainings, or conferences they attended on behalf of the City.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
15. CITY MANAGER
16. ADJOURNMENT
At 6:30 p.m., Mayor Velto adjourned in memory of Alan Ansara, retired City of Upland employee. The next regularly scheduled City Council meeting is Monday, September 9, 2024.
Keri Johnson, City Clerk
1 MINUTES OF THE SPECIAL MEETING OF THE UPLAND CITY COUNCIL
August 29, 2024
1:30 p.m.
Council
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 (1:47 p.m.)
Staff Present: City Manager Michael Blay, Assistant City Attorney Thomas A. Rice, Deputy City Clerk Jennifer Rodriguez
_____________________________________________________________________
1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 1:41 p.m. in the Council Chamber of the Upland City Hall.
2. ORAL COMMUNICATIONS
Gabe Garcia, President of the Upland Police Officers Association, spoke in support of Measure N.
Phillip Estrada, Upland, spoke in support of Measure N and stated funds should be used towards city infrastructure.
David Bonanno, Upland, spoke in support of Measure N and stated the funds should be used towards public safety.
3. AGENDA ITEMS
a. CONSIDER ADOPTING A RESOLUTION AMENDING THE BALLOT LABEL FOR CITY OF UPLAND 1% SALES TAX FOR GENERAL CITY SERVICES -
MEASURE N
Assistant City Manager Parker presented the staff report and answered questions posed by the Council regarding clarification on provisions for public safety services.
Council provided comments on Measure N and the infrastructure and public safety needs in the City that would be funded by Measure N.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Adopt Resolution No. 6795 amending Resolution No. 6788 and, in particular, the language in the ballot label for the General Tax Measure – known as the City of Upland 1% Sales Tax for General City Services – on the ballot for the November 5, 2024 General Municipal Election for the submission to qualified voters of an
2 Ordinance to enact a General Transactions and Use Tax (sales tax) at the rate of one-percent (1%).
Motion: Carried Unanimously
4. ADJOURNMENT
Mayor Velto adjourned the workshop at 2:06 p.m. The next regularly scheduled City Council meeting is Monday, September 9, 2024.
Keri Johnson, City Clerk
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER
DARREN CHAN, ACCOUNTING TECHNICIAN
SUBJECT: TREASURER’S REPORT JULY 2024
RECOMMENDED ACTION
It is recommended that the City Council receive and file the July 2024 Treasurer’s Report.
GOAL STATEMENT
The proposed action supports the City’s goal to manage the City’s resources in a fiscally responsible manner.
BACKGROUND
Per California Government Code Section 53646(b), the City’s treasurer or chief fiscal officer may render a treasurer’s report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland’s Investment Policy (Approved September 25, 2023) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity, par, and dollar amo unt invested on all securities, current market value as of the date of the report, investments and monies held by the local agency, and shall additionally include a description of any of the local agency’s funds, investments, or programs, that are under th e management of contracted parties, including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City’s ability to meet its expenditure requirements for the next six mont hs.
ISSUES AND ANALYSIS
The submission of the monthly Treasurer’s Report is a compliance measure.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
Investment Portfolio Cost Par Value Market Value % of Portfolio State Local Agency Investment Fund 1,259,882 1,259,882 1,270,702 1.0% California Asset Management Plan 25,471,211 25,471,211 25,471,211 20.4% Negotiable Certificates of Deposit 24,156,734 24,146,000 23,891,458 19.2% Money Market Fund 177,239 177,239 177,239 0.1% Municipal Bonds 3,585,031 3,595,000 3,587,504 2.9% Government Agency Securities 67,444,061 67,815,000 65,588,408 52.7% US Treasury 4,593,925 4,750,000 4,582,538 3.7% Total Investments 126,688,082$ 127,214,332$ 124,569,059$ 100.0% Weighted Average Days to Maturity 572.63
Blended Yield: 3.07%
Cash Cost Market Value
Bank Accounts and Change Funds 7,113,239 7,113,239 Total Cash 7,113,239$ 7,113,239$
Total Cash and Investments 133,801,321$ 131,682,298$ PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 1,800,968 2,321,327 12/18/23 - EM: PARS ending balances 115 Trust-Pension Investment 6,803,894 7,533,336 12/18/23 - EM: PARS ending balances Total Restricted Funds Held in Trust 8,604,862$ 9,854,664$ Benchmarks:
LAIF 4.52%12/18/23 - EM: Report Available 12/13/23
CAMP 5.44%
2yr U.S. Treasury 4.29%
5yr U.S. Treasury 3.97%
Restricted Funds with Fiscal Agent Book Value Market Value Water Revenue Bonds 2022 15,501,755 15,501,755 Water System Lease Revenue Refunding Bonds 2021 - - Successor Agency TARBS 2013/2016-Merged Project - - Colonies CFD Area #1 2022 1,122,219 1,122,219 Colonies CFD Area #2 2015 2,010,421 2,010,421 Upland 54 CFD 2004 203,450 203,450
Sycamore Hills CFD 2015-1 824,062 824,062 Harvest at Upland CFD 2016-1 Area #1 755,509 755,509 Harvest at Upland CFD 2016-1 Area #2 2,435,400 2,435,400 Enclave at Upland CFD 2022-1 4,126,259 4,126,259 Sycamore Hills CFD 2015-1-2 STB 2022A 848,113 848,113 Total Restricted Funds 27,827,188$ 27,827,188$
Assistant City Manager (Finance Director) Date
City Treasurer Date
3. The market values for funds held in banking institutions do not change. The amounts listed as market values for these items are the same as their book values.
2. The City has the ability to meet its budgeted expenditures for the next six months.
4. The book value for the State Pool is the withdrawal value provided by the State Treasurer. The market value of funds held by the State Treasurer equates to the City's pro-rata share of the market value of the entire State Pool.
5. Sources for current market valuation are Account Statements and the Wall Street Journal GNMA Mortgage rates on the last trading day of the month.
6. This report meets the requirements of Government Code Section 53646.
1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in June 10, 2024.
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
July 31, 2024
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF 8/14/2024 | 6:52 AM PDT
8/18/2024 | 10:57 AM PDT
Account
Fund or Account Balance
City 98-36-942 1,259,882
Market
Value
Totals 1,259,882$ 1,270,702$
Yield for Period Ended 7/31/2024 4.52%
July 31, 2024
For Period Ended
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Account
Fund or Account Balance
City of Upland 6113-001 25,471,211
Market
Value
Totals 25,471,211$ 25,471,211$
Yield for Period Ended 7/31/2024 5.44%
For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
Negotiable Certificates of Deposit
A+ FCU CD 00224TAN6 250,000 250,000 250,233 4.69% 02/17/2026 Alabama CU CD 01025RAF6 250,000 250,000 251,203 5.01% 12/22/2025 Ally Bank Utah 02007GH22 250,000 250,000 249,783 4.65% 12/22/2025 American Equity Bank CD 02568KAJ4 250,000 250,000 233,155 0.75% 05/27/2026 American Exp CD 02589AEZ1 250,000 250,000 252,890 4.51% 09/13/2028 Arsenal CU CD 04288LAA6 248,000 248,000 247,973 5.10% 01/25/2025 BMW Bank North America CD 05580AXF6 250,000 250,000 238,158 0.52% 09/25/2025 Bank Hapoalim CD 06251A6Z8 244,000 244,000 247,484 4.39% 05/21/2029 Bank Hope CD 062683HV2 243,000 243,000 242,998 5.10% 08/12/2024 The Bank of the Valley CD 06543PCN3 250,000 250,000 248,003 0.35% 09/30/2024 BankUnited NA CD 066519RW1 249,000 249,000 231,680 1.45% 12/08/2026 Baxter CU CD 07181JAY0 250,000 250,000 250,238 4.48% 01/25/2027 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 249,000 4.75% 02/13/2026 California CD 130162BB5 250,000 250,000 252,723 5.58% 10/27/2025 Capital One NA CD 14042RQN4 250,000 250,000 232,118 1.34% 12/08/2026 Chartway FCU CD 16141BAD3 248,000 248,000 249,161 5.01% 12/16/2025 City FCU Tax CD 17783PAJ0 249,000 249,000 245,785 3.96% 01/12/2029 City National Bank CD 178180GU3 250,000 250,000 248,888 4.36% 01/12/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 250,058 5.10% 04/27/2026 Communitywide FCU CD 20416TAX0 250,000 250,000 250,070 4.69% 01/06/2026 Connex CU CD 208212BD1 250,000 250,000 253,058 5.33% 03/18/2026 Connexus CU CD 20825WBR0 250,000 250,000 250,630 5.12% 06/23/2025 Continental Bank CD 211163MG2 250,000 250,000 230,978 0.65% 08/24/2026 Customers Bank CD 23204HPB8 250,000 250,000 251,688 4.43% 06/14/2028 Discover Bank CD 254676AR0 250,000 250,000 253,478 4.55% 09/18/2028 Dort FCU CD 25844MBC1 250,000 250,000 251,845 4.76% 06/22/2026 Empower FCU CD 291916AE4 250,000 250,000 255,108 5.33% 10/23/2026 Enerbank USA CD 29278TMR8 250,000 250,000 246,033 1.83% 01/29/2025 Essential CU CD 29669XAP3 250,000 250,000 251,803 4.64% 06/15/2027 Fahey Banking Co CD 303117DG7 250,000 250,000 246,335 3.93% 01/12/2028 Fifth Third Bank CD 316777YV7 236,000 236,000 236,042 5.50% 10/17/2024 First Carolina Bank CD 31944MBJ3 250,000 250,000 235,883 0.53% 12/23/2025 First Farmers Bank & Trust CD 320165JK0 246,682 235,000 234,236 1.75% 09/04/2024 First Foundation Bank CD 32026U5U6 244,000 244,000 247,487 4.49% 05/22/2029 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 228,899 0.65% 08/27/2026 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 241,875 0.31% 04/16/2025 1st Source Bank CD 33646CNW0 250,000 250,000 250,030 4.60% 01/19/2027 First Technology FCU CD 33715LEB2 249,000 249,000 243,607 3.70% 08/05/2027 Freedom Bk of Virginai CD 35633MCT7 250,000 250,000 250,000 4.80% 02/17/2026 Freedom Northwest CD 356436AF2 249,000 249,000 249,012 4.70% 01/19/2028 General Electric CU CD 369674CJ3 250,000 250,000 249,915 5.00% 02/14/2025 Generations Bank C D 37149CAV9 250,000 250,000 241,295 3.19% 05/06/2027 Gesa CU CD 37424PAH7 250,000 250,000 253,580 5.17% 07/31/2026 Global FCU CD 37892MAM6 248,000 248,000 250,026 4.95% 06/16/2026 Great Midwest CD 39083PDQ2 249,000 249,000 251,580 4.16% 04/27/2029 Greenstate CU CD 39573LCC0 250,000 250,000 237,870 0.94% 11/24/2025 Ideal CU CD 45157PAY6 125,000 125,000 123,979 4.02% 08/29/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 242,638 0.46% 03/31/2025 For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
InFirst FCU CD 45673RAA9 236,675 249,000 246,348 1.87% 11/27/2024 Insight CU CD 45791JAC0 250,000 250,000 249,983 5.10% 02/27/2025 Iriquois Fed CD 46355PDQ8 249,000 249,000 251,184 4.62% 09/17/2027 Jeanne D Arc CD 472207AK5 249,000 249,000 250,098 4.34% 07/31/2028 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 237,003 0.53% 11/10/2025 Kemba FCU CD 48836LBK7 248,000 248,000 248,885 5.38% 05/29/2029 Keypoint CU CD 49332PAC4 248,000 248,000 248,149 5.39% 12/27/2024 Liberty FED CD 53052LAU3 248,000 248,000 248,417 5.08% 06/09/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 238,453 0.57% 09/16/2025 Magnolia Bank Inc CD 559582AP6 250,000 250,000 246,205 0.35% 11/25/2024 Malaga Bank CD 56102ABK1 250,000 250,000 230,200 0.92% 11/19/2026 Manufacturers Traders Trust Co CD 564759RJ9 244,000 244,000 243,788 4.90% 12/09/2024 Medallion Bank CD 58404DGK1 250,000 250,000 244,053 1.33% 03/27/2025 Meritrust FCU MTN CD 59001PAR0 225,000 225,000 221,677 3.24% 06/30/2025 Merrick Bank CD 59013KFH4 250,000 250,000 245,965 1.78% 01/31/2025 Milestone Bk CD 59934MAK4 244,000 244,000 243,795 4.39% 12/15/2026 Morgan Stanley CD 61690DRE0 244,000 244,000 248,011 4.53% 05/22/2029 Morgan Stanley CD 61768E4B6 244,000 244,000 248,011 4.53% 05/22/2029 NBC Bancorp Inc CD 633398AA0 248,000 248,000 249,803 4.81% 09/14/2026 New York Community Bank CD 649447UY3 250,000 250,000 240,278 0.52% 07/01/2025 Optum Bank Draper CD 68405VAU3 244,000 244,000 245,972 4.63% 09/13/2027 Pacific Western Bank CD 69506YYX1 243,000 243,000 242,961 5.15% 11/12/2024 Partners Bank of California CD 70212YAZ5 250,000 250,000 243,463 1.02% 04/02/2025 Pentagon FCU CD 70962LAJ1 250,000 250,000 248,938 0.50% 09/30/2024 People's Bank CD 710275AH1 250,000 250,000 247,583 4.08% 01/12/2027 Popular Bank CD 73317ABL5 250,000 250,000 248,020 4.12% 01/08/2026 Poppy Bank CD 73319FAF6 235,893 229,000 223,456 1.13% 03/18/2025 Preferred CU CD 74043RAA2 250,000 250,000 254,340 4.88% 09/15/2027 Red Crown Fed CD 756558AB8 200,000 200,000 203,808 5.29% 10/13/2026 Rogue CU CD 77535MAG8 250,000 250,000 250,098 5.20% 12/23/2027 Solarity CU CD 83418NAG6 248,000 248,000 250,299 5.00% 06/23/2026 Southeast Bank CD 84133PFC7 250,000 250,000 240,518 0.47% 06/17/2025 Southern First CD 84287PJB9 244,000 244,000 250,012 4.69% 10/17/2028 Souther States Bank CD 843879EZ6 249,000 249,000 248,116 4.46% 04/14/2025 Spokane Teachers CD 849061AC0 248,000 248,000 248,712 5.63% 01/28/2025 State Bank of India CD 856285RS2 252,625 250,000 247,433 2.07% 11/27/2024 State Employees CD 85678LAA3 249,000 249,000 251,388 4.73% 05/24/2027 Tandem Bank CD 87537YAB0 250,000 250,000 240,943 0.57% 06/23/2025 Technology CU CD 87868YAH6 248,000 248,000 248,117 5.09% 07/21/2025 Texas Exchange Bank CD 88241TMG2 249,000 249,000 231,035 1.24% 11/13/2026 Third Federal Savings & Loan CD 88413QDE5 250,000 250,000 241,828 0.82% 05/23/2025 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 231,262 1.02% 07/29/2026 True Sky Credit CD 89786MAH7 250,000 250,000 250,853 4.45% 11/30/2027 TTCU Federal CU CD 89854LAD5 250,000 250,000 256,540 4.83% 07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 256,763 4.83% 09/08/2028 USAlliance FCU CD 90352RCD5 100,000 100,000 95,238 1.41% 01/28/2026 USAlliance FCU CD 90352RDL6 149,000 149,000 151,950 4.56% 06/28/2029 Union Bank CD 90520VAX1 250,000 250,000 234,223 0.64% 03/19/2026 Utah First CD 91739JAJ4 249,000 249,000 252,095 4.45% 04/30/2029
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Vibrant CU CD 92559TAL2 248,000 248,000 250,874 5.28% 03/20/2026 WebBank Salt CD 947547NT8 248,000 248,000 243,821 1.02% 12/30/2024 Negotiable Certificates of Deposit Subtotal 24,156,734$ 24,146,000$ 23,891,458$ Cash and Equivalents (Money Market Fund)
First American Govt OB Fund-Y 31846V203 177,239 177,239 177,239 4.91% Money Market Fund Subtotal 177,239$ 177,239$ 177,239$ Municipal Bond Fund
Burbank Glendale, CA 120827EJ5 2,029,661 1,990,000 2,042,297 4.97% 07/01/2029 Klamath Trinity, CA 498422JJ4 30,150 30,000 29,487 1.57% 08/01/2025 Klamath Trinity, CA 498422JN5 25,100 25,000 24,997 1.20% 08/01/2024 Riverside Cnty, CA 76913CBA6 950,120 1,000,000 968,220 2.94% 02/15/2026 San Bernardino, CA 796720PA2 300,000 300,000 288,360 0.87% 08/01/2025 San Bernardino, CA 796720PB0 250,000 250,000 234,143 1.16% 08/01/2026
Municipal Bond Fund Subtotal 3,585,031$ 3,595,000$ 3,587,504$ Government Securities
Federal Home Ln Bks DEB 3130AKLH7 1,500,000 1,500,000 1,430,820 0.78% 12/30/2025 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,885,320 0.74% 01/28/2026 Federal Home Ln Bks DEB 3130AKWK8 2,000,000 2,000,000 1,877,180 0.54% 02/12/2026 Federal Home Ln Bks DEB 3130AL6A7 1,000,000 1,000,000 943,930 0.63% 02/26/2026 Federal Home Ln Bks DEB 3130AL6L3 1,000,000 1,000,000 943,490 0.53% 02/26/2026 Federal Home Ln Bks DEB 3130ALN34 1,100,000 1,100,000 1,070,146 0.72% 03/24/2025 Federal Home Ln Bks DEB 3130ALPJ7 1,000,000 1,000,000 963,510 0.85% 06/30/2025 Federal Home Ln Bks DEB 3130ALZ80 1,300,000 1,300,000 1,252,797 0.77% 04/29/2026 Federal Home Ln Bks DEB 3130AMBD3 1,500,000 1,500,000 1,432,140 1.04% 05/12/2026 Federal Home Ln Bks DEB 3130AMET5 2,000,000 2,000,000 1,918,500 1.04% 05/27/2026 Federal Home Ln Bks DEB 3130AMZP0 1,500,000 1,500,000 1,463,385 0.67% 02/28/2025 Federal Home Ln Bks DEB 3130AN3R9 1,500,000 1,500,000 1,407,480 1.20% 07/20/2026 Federal Home Ln Bks DEB 3130APJ55 1,600,000 1,600,000 1,493,936 1.33% 10/26/2026 Federal Home Ln Bks DEB 3130APU37 1,500,000 1,500,000 1,400,415 1.38% 11/24/2026 Federal Home Ln Bks DEB 3130APV51 2,000,000 2,000,000 1,921,600 1.29% 11/24/2026 Federal Home Ln Bks DEB 3130AQ5D1 1,500,000 1,500,000 1,432,530 1.25% 12/22/2025 Federal Home Ln Bks DEB 3130AQD59 1,250,000 1,250,000 1,241,163 1.01% 09/30/2024 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 955,080 2.60% 03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 601,062 3.22% 04/21/2027 Federal Home Ln Bks DEB 3130AUS54 1,500,000 1,500,000 1,496,805 5.00% 02/17/2026 Federal Home Ln Bks DEB 3130AUS70 1,500,000 1,500,000 1,497,810 5.00% 08/15/2025 Federal Home Ln Bks DEB 3130AUS88 1,500,000 1,500,000 1,493,940 5.01% 02/16/2028 Federal Home Ln Bks DEB 3130AUX33 599,100 600,000 599,556 5.47% 02/22/2028 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 999,020 4.09% 06/11/2027 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 2,025,980 4.27% 09/08/2028
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date
For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
Fed Home Ln Mort Corp #WN1356 3132XFQJ0 1,481,250 1,500,000 1,489,815 4.27% 04/01/2029 Fed Home Ln Mort Corp #WN2560 3132XGZ25 994,688 1,000,000 1,002,140 4.80% 01/01/2029 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,451,205 0.46% 04/07/2025 Federal Farm Credit Bks DEB 3133EMER9 1,500,000 1,500,000 1,466,580 0.48% 01/27/2025 Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,070,201 0.72% 03/17/2025 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,163,838 1.07% 10/07/2026 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,205,900 1.21% 06/23/2025 Federal Farm Credit Bks DEB 3133EPN50 998,000 1,000,000 1,009,950 4.16% 12/15/2028 Federal Farm Credit Bks DEB 3133EPPR0 750,803 750,000 752,715 4.58% 04/10/2026 Federal Home Ln Corp MTN 3134GW4C7 1,379,420 1,400,000 1,293,922 0.86% 10/27/2026 Federal Home Ln Corp MTN 3134GWH82 1,500,000 1,500,000 1,433,535 0.65% 09/08/2025 Federal Home Ln Corp MTN 3134GWUX2 1,500,000 1,500,000 1,487,490 0.38% 09/30/2024 Federal Home Ln Corp MTN 3134GWWT9 1,500,000 1,500,000 1,429,080 0.57% 09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,900,700 0.63% 10/20/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,423,500 0.63% 11/12/2025 Federal Home Ln Corp MTN 3134GXBM5 1,500,000 1,500,000 1,424,370 0.63% 11/12/2025 Federal Home Ln MTG 3134GYEK4 1,250,000 1,250,000 1,249,900 5.15% 01/27/2026 Fed Natl Mortgage Assoc MTN 3134GYJC7 1,250,000 1,250,000 1,249,463 5.40% 02/24/2026 Fed Natl Mortgage Assoc 3136G4A45 1,500,000 1,500,000 1,436,385 0.74% 07/22/2025 Fed Natl Mortgage Assoc #AN1614 3138LDYL1 1,896,875 2,000,000 1,921,300 2.55% 06/01/2026 Fed Natl Mortgage Assoc #BS5506 3140LGDL3 772,922 825,000 774,906 3.25% 06/01/2029 Fed Natl Mortgage Assoc #BS5552 3140LGE24 1,995,544 2,130,000 2,027,590 3.46% 05/01/2029 Fed Natl Mortgage Assoc #BS8656 3140LKTN3 659,588 660,000 663,115 4.79% 06/01/2028 Fed Natl Mortgage Assoc #BZ0815 3140NU3Z0 1,499,063 1,500,000 1,513,215 4.54% 04/01/2029 Government Securities Subtotal 67,444,061$ 67,815,000$ 65,588,408$ US Treasury
US Treasury Note 2.625% 9128286B1 928,900 1,000,000 944,880 2.74% 02/15/2029 US Treasury Note 0.625% 912828ZE3 220,875 250,000 228,223 0.68% 03/31/2027 US Treasury Note 0.375% 91282CBC4 1,476,450 1,500,000 1,415,685 0.39% 12/31/2025 US Treasury Note 3.750% 91282CJR3 978,600 1,000,000 991,680 3.73% 12/31/2028 US Treasury Note 4.000% 91282CJW2 989,100 1,000,000 1,002,070 3.94% 01/31/2029 US Treasury Subtotal 4,593,925$ 4,750,000$ 4,582,538$ Total Portfolio 99,956,989$ 100,483,239$ 97,827,146$
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
07/31/24 No. of
08/01/24 days until Days to maturity Total by
July 31, 2024 Market Value Availability maturity Weight weighted average maturity Petty Cash 32,898 7/31/2024 0 0.0% - Checking Account 4,362,093 8/1/2024 1 3.3% 0.03 Utility & Credit Cards Account 162,397 8/1/2024 1 0.1% 0.00 Successor Agency 2,555,850 8/1/2024 1 1.9% 0.02 Total Bank Accounts 7,113,239 7,113,239
State Local Agency Investment Fund 1,270,702 8/1/2024 1 1.0% 0.01 1,270,702 California Asset Management Plan 25,471,211 7/31/2024 0 19.3% - 25,471,211 First American Govt OB Fund-Y 177,239 8/1/2024 1 0.1% 0.00 Money Market Accounts 177,239 177,239
Bank Hope CD 242,998 8/12/2024 12 0.2% 0.02 Negotiable Certificates of Deposit 242,998 242,998 Klamath Trinity, CA 24,997 8/1/2024 1 0.0% 0.00 Municipal Bonds 24,997 24,997
34,300,386$ 1 - 30 days
First Farmers Bank & Trust CD 234,236 9/4/2024 35 0.2% 0.06 Negotiable Certificates of Deposit 234,236 234,236 234,236$ 31 - 60 days
Federal Home Ln Bks DEB 1,241,163 9/30/2024 61 0.9% 0.57 Federal Home Ln Corp MTN 1,487,490 9/30/2024 61 1.1% 0.69 Government Securities 2,728,653 2,728,653 The Bank of the Valley CD 248,003 9/30/2024 61 0.2% 0.11 Fifth Third Bank CD 236,042 10/17/2024 78 0.2% 0.14 InFirst FCU CD 246,348 11/27/2024 119 0.2% 0.22 Magnolia Bank Inc CD 246,205 11/25/2024 117 0.2% 0.22 Pacific Western Bank CD 242,961 11/12/2024 104 0.2% 0.19 Pentagon FCU CD 248,938 9/30/2024 61 0.2% 0.12 State Bank of India CD 247,433 11/27/2024 119 0.2% 0.22 Negotiable Certificates of Deposit 1,715,929 1,715,929 4,444,582$ 61 - 120 days
Federal Farm Credit Bks DEB 1,466,580 1/27/2025 180 1.1% 2.00 Government Securities 1,466,580 1,466,580 Arsenal CU CD 247,973 1/25/2025 178 0.2% 0.34 Keypoint CU CD 248,149 12/27/2024 149 0.2% 0.28 Manufacturers Traders Trust Co CD 243,788 12/9/2024 131 0.2% 0.24 WebBank Salt CD 243,821 12/30/2024 152 0.2% 0.28 Negotiable Certificates of Deposit 983,730 983,730 2,450,310$ 121 - 180 days
Federal Home Ln Bks DEB 1,070,146 3/24/2025 236 0.8% 1.92 Federal Home Ln Bks DEB 963,510 6/30/2025 334 0.7% 2.44 Federal Home Ln Bks DEB 1,463,385 2/28/2025 212 1.1% 2.36 Federal Farm Credit Bks DEB 1,451,205 4/7/2025 250 1.1% 2.76 Federal Farm Credit Bks DEB 1,070,201 3/17/2025 229 0.8% 1.86 Federal Farm Credit Bks DEB 1,205,900 6/23/2025 327 0.9% 2.99 Fed Natl Mortgage Assoc 1,436,385 7/22/2025 356 1.1% 3.88 Government Securities 8,660,732 8,660,732 For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
07/31/24 No. of
08/01/24 days until Days to maturity Total by
July 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Connexus CU CD 250,630 6/23/2025 327 0.2% 0.62 Enerbank USA CD 246,033 1/29/2025 182 0.2% 0.34 1st Security Bank of Washington CD 241,875 4/16/2025 259 0.2% 0.48 General Electric CU CD 249,915 2/14/2025 198 0.2% 0.38 Industrial Commercial Bank China CD 242,638 3/31/2025 243 0.2% 0.45 Insight CU CD 249,983 2/27/2025 211 0.2% 0.40 Liberty FED CD 248,417 6/9/2025 313 0.2% 0.59 Medallion Bank CD 244,053 3/27/2025 239 0.2% 0.44 Meritrust FCU MTN CD 221,677 6/30/2025 334 0.2% 0.56 Merrick Bank CD 245,965 1/31/2025 184 0.2% 0.34 New York Community Bank CD 240,278 7/1/2025 335 0.2% 0.61 Partners Bank of California CD 243,463 4/2/2025 245 0.2% 0.45 Poppy Bank CD 223,456 3/18/2025 230 0.2% 0.39 Southeast Bank CD 240,518 6/17/2025 321 0.2% 0.59 Souther States Bank CD 248,116 4/14/2025 257 0.2% 0.48 Spokane Teachers CD 248,712 1/28/2025 181 0.2% 0.34 Tandem Bank CD 240,943 6/23/2025 327 0.2% 0.60 Technology CU CD 248,117 7/21/2025 355 0.2% 0.67 Third Federal Savings & Loan CD 241,828 5/23/2025 296 0.2% 0.54 Negotiable Certificates of Deposit 4,616,611 4,616,611 13,277,343$ 181 - 1 year
Federal Home Ln Bks DEB 1,430,820 12/30/2025 517 1.1% 5.62 Federal Home Ln Bks DEB 1,885,320 1/28/2026 546 1.4% 7.82 Federal Home Ln Bks DEB 1,877,180 2/12/2026 561 1.4% 8.00 Federal Home Ln Bks DEB 943,930 2/26/2026 575 0.7% 4.12 Federal Home Ln Bks DEB 943,490 2/26/2026 575 0.7% 4.12 Federal Home Ln Bks DEB 1,252,797 4/29/2026 637 1.0% 6.06 Federal Home Ln Bks DEB 1,432,140 5/12/2026 650 1.1% 7.07 Federal Home Ln Bks DEB 1,918,500 5/27/2026 665 1.5% 9.69 Federal Home Ln Bks DEB 1,407,480 7/20/2026 719 1.1% 7.68 Federal Home Ln Bks DEB 1,432,530 12/22/2025 509 1.1% 5.54 Federal Home Ln Bks DEB 1,496,805 2/17/2026 566 1.1% 6.43 Federal Home Ln Bks DEB 1,497,810 8/15/2025 380 1.1% 4.32 Federal Farm Credit Bks DEB 752,715 4/10/2026 618 0.6% 3.53 Federal Home Ln Corp MTN 1,433,535 9/8/2025 404 1.1% 4.40 Federal Home Ln Corp MTN 1,429,080 9/30/2025 426 1.1% 4.62 Federal Home Ln Corp MTN 1,900,700 10/20/2025 446 1.4% 6.44 Federal Home Ln Corp MTN 1,423,500 11/12/2025 469 1.1% 5.07 Federal Home Ln Corp MTN 1,424,370 11/12/2025 469 1.1% 5.07 Federal Home Ln MTG 1,249,900 1/27/2026 545 0.9% 5.17 Fed Natl Mortgage Assoc MTN 1,249,463 2/24/2026 573 0.9% 5.44 Fed Natl Mortgage Assoc #AN1614 1,921,300 6/1/2026 670 1.5% 9.78 Government Securities 30,303,365 30,303,365 A+ FCU CD 250,233 2/17/2026 566 0.2% 1.08 Alabama CU CD 251,203 12/22/2025 509 0.2% 0.97 Ally Bank Utah 249,783 12/22/2025 509 0.2% 0.97 American Equity Bank CD 233,155 5/27/2026 665 0.2% 1.18 BMW Bank North America CD 238,158 9/25/2025 421 0.2% 0.76 Burke Herbert Finanical Services CD 249,000 2/13/2026 562 0.2% 1.06 California CD 252,723 10/27/2025 453 0.2% 0.87 Chartway FCU CD 249,161 12/16/2025 503 0.2% 0.95 City National Bank CD 248,888 1/12/2026 530 0.2% 1.00 Clearpath FCU CD 250,058 4/27/2026 635 0.2% 1.21 Communitywide FCU CD 250,070 1/6/2026 524 0.2% 1.00 Connex CU CD 253,058 3/18/2026 595 0.2% 1.14 Dort FCU CD 251,845 6/22/2026 691 0.2% 1.32 First Carolina Bank CD 235,883 12/23/2025 510 0.2% 0.91 Freedom Bk of Virginai CD 250,000 2/17/2026 566 0.2% 1.07 Gesa CU CD 253,580 7/31/2026 730 0.2% 1.41 Global FCU CD 250,026 6/16/2026 685 0.2% 1.30 Greenstate CU CD 237,870 11/24/2025 481 0.2% 0.87 Ideal CU CD 123,979 8/29/2025 394 0.1% 0.37
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
07/31/24 No. of
08/01/24 days until Days to maturity Total by
July 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
JPMorgan Chase Bank CD 237,003 11/10/2025 467 0.2% 0.84 Live Oak Banking Company CD 238,453 9/16/2025 412 0.2% 0.75 Popular Bank CD 248,020 1/8/2026 526 0.2% 0.99 Solarity CU CD 250,299 6/23/2026 692 0.2% 1.32 Toyota Financial Savings Bank CD 231,262 7/29/2026 728 0.2% 1.28 USAlliance FCU CD 95,238 1/28/2026 546 0.1% 0.39 Union Bank CD 234,223 3/19/2026 596 0.2% 1.06 Vibrant CU CD 250,874 3/20/2026 597 0.2% 1.14 Negotiable Certificates of Deposit 6,364,039 6,364,039 US Treasury Note 0.375% 1,415,685 12/31/2025 518 1.1% 5.57 US Treasury 1,415,685 1,415,685
Klamath Trinity, CA 29,487 8/1/2025 366 0.0% 0.08 Riverside Cnty, CA 968,220 2/15/2026 564 0.7% 4.15 San Bernardino, CA 288,360 8/1/2025 366 0.2% 0.80 Municipal Bonds 1,286,067 1,286,067
39,369,156$ 1- 2 years
Federal Home Ln Bks DEB 1,493,936 10/26/2026 817 1.1% 9.27 Federal Home Ln Bks DEB 1,400,415 11/24/2026 846 1.1% 9.00 Federal Home Ln Bks DEB 1,921,600 11/24/2026 846 1.5% 12.35 Federal Home Ln Bks DEB 955,080 3/30/2027 972 0.7% 7.05 Federal Home Ln Bks DEB 601,062 4/21/2027 994 0.5% 4.54 Federal Home Ln Bks DEB 999,020 6/11/2027 1045 0.8% 7.93 Federal Farm Credit Bks DEB 1,163,838 10/7/2026 798 0.9% 7.05 Federal Home Ln Corp MTN 1,293,922 10/27/2026 818 1.0% 8.04 Government Securities 9,828,873 9,828,873 BankUnited NA CD 231,680 12/8/2026 860 0.2% 1.51 Baxter CU CD 250,238 1/25/2027 908 0.2% 1.73 Capital One NA CD 232,118 12/8/2026 860 0.2% 1.52 Continental Bank CD 230,978 8/24/2026 754 0.2% 1.32 Empower FCU CD 255,108 10/23/2026 814 0.2% 1.58 Essential CU CD 251,803 6/15/2027 1049 0.2% 2.01 FirstBank of Nebraska CD 228,899 8/27/2026 757 0.2% 1.32 1st Source Bank CD 250,030 1/19/2027 902 0.2% 1.71 Generations Bank C D 241,295 5/6/2027 1009 0.2% 1.85 Malaga Bank CD 230,200 11/19/2026 841 0.2% 1.47 Milestone Bk CD 243,795 12/15/2026 867 0.2% 1.61 NBC Bancorp Inc CD 249,803 9/14/2026 775 0.2% 1.47 People's Bank CD 247,583 1/12/2027 895 0.2% 1.68 Red Crown Fed CD 203,808 10/13/2026 804 0.2% 1.24 State Employees CD 251,388 5/24/2027 1027 0.2% 1.96 Texas Exchange Bank CD 231,035 11/13/2026 835 0.2% 1.46 Negotiable Certificates of Deposit 3,829,757 3,829,757 US Treasury Note 0.625% 228,223 3/31/2027 973 0.2% 1.69 US Treasury 228,223 228,223
San Bernardino, CA 234,143 8/1/2026 731 0.2% 1.30 Municipal Bonds 234,143 234,143
14,120,995$ 2- 3 years
Federal Home Ln Bks DEB 1,493,940 2/16/2028 1295 1.1% 14.69 Federal Home Ln Bks DEB 599,556 2/22/2028 1301 0.5% 5.92 Fed Natl Mortgage Assoc #BS8656 663,115 6/1/2028 1401 0.5% 7.06 Government Securities 2,756,611 2,756,611
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
07/31/24 No. of
08/01/24 days until Days to maturity Total by
July 31, 2024 Market Value Availability maturity Weight weighted average maturity For Period Ended
July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
Customers Bank CD 251,688 6/14/2028 1414 0.2% 2.70 Fahey Banking Co CD 246,335 1/12/2028 1260 0.2% 2.36 First Technology FCU CD 243,607 8/5/2027 1100 0.2% 2.03 Freedom Northwest CD 249,012 1/19/2028 1267 0.2% 2.40 Iriquois Fed CD 251,184 9/17/2027 1143 0.2% 2.18 Optum Bank Draper CD 245,972 9/13/2027 1139 0.2% 2.13 Preferred CU CD 254,340 9/15/2027 1141 0.2% 2.20 Rogue CU CD 250,098 12/23/2027 1240 0.2% 2.36 True Sky Credit CD 250,853 11/30/2027 1217 0.2% 2.32 TTCU Federal CU CD 256,540 7/26/2028 1456 0.2% 2.84 Negotiable Certificates of Deposit 2,499,627 2,499,627 5,256,238$ 3- 4 years
Federal Home Ln Bks DEB 2,025,980 9/8/2028 1500 1.5% 23.08 Fed Home Ln Mort Corp #WN1356 1,489,815 4/1/2029 1705 1.1% 19.29 Fed Home Ln Mort Corp #WN2560 1,002,140 1/1/2029 1615 0.8% 12.29 Federal Farm Credit Bks DEB 1,009,950 12/15/2028 1598 0.8% 12.26 Fed Natl Mortgage Assoc #BS5506 774,906 6/1/2029 1766 0.6% 10.39 Fed Natl Mortgage Assoc #BS5552 2,027,590 5/1/2029 1735 1.5% 26.71 Fed Natl Mortgage Assoc #BZ0815 1,513,215 4/1/2029 1705 1.1% 19.59 Government Securities 9,843,596 9,843,596 American Exp CD 252,890 9/13/2028 1505 0.2% 2.89 Bank Hapoalim CD 247,484 5/21/2029 1755 0.2% 3.30 City FCU Tax CD 245,785 1/12/2029 1626 0.2% 3.03 Discover Bank CD 253,478 9/18/2028 1510 0.2% 2.91 First Foundation Bank CD 247,487 5/22/2029 1756 0.2% 3.30 Great Midwest CD 251,580 4/27/2029 1731 0.2% 3.31 Jeanne D Arc CD 250,098 7/31/2028 1461 0.2% 2.77 Kemba FCU CD 248,885 5/29/2029 1763 0.2% 3.33 Morgan Stanley CD 248,011 5/22/2029 1756 0.2% 3.31 Morgan Stanley CD 248,011 5/22/2029 1756 0.2% 3.31 Southern First CD 250,012 10/17/2028 1539 0.2% 2.92 Tucson FCU CD 256,763 9/8/2028 1500 0.2% 2.92 USAlliance FCU CD 151,950 6/28/2029 1793 0.1% 2.07 Utah First CD 252,095 4/30/2029 1734 0.2% 3.32 Negotiable Certificates of Deposit 3,404,530 3,404,530 US Treasury Note 2.625% 944,880 2/15/2029 1660 0.7% 11.91 US Treasury Note 3.750% 991,680 12/31/2028 1614 0.8% 12.15 US Treasury Note 4.000% 1,002,070 1/31/2029 1645 0.8% 12.52 US Treasury 2,938,630 2,938,630
Burbank Glendale, CA 2,042,297 7/1/2029 1796 1.6% 27.85 Municipal Bonds 2,042,297 2,042,297
18,229,053$ 4- 5 years
Total Investments 131,682,298$ 100% 573 131,682,298$ Average Maturity in Days 573
Average Maturity in Years: 2
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date
Sales & Maturities
Mountain Pac Bk CD 62424PAC6 7/21/2023 237,000.00 237,000.00 236,943.12 7/19/2024 Wells Fargo Bk CD 949764DS0 7/25/2023 237,000.00 237,000.00 236,945.49 7/24/2024 Blupeak CU CD 09644EAB8 7/25/2023 150,000.00 150,000.00 150,001.50 7/25/2024 Tennessee Valley Authority DEB 880591CJ9 11/1/1995 781,657.50 750,000.00 771,292.50 11/1/2025 Sales & Maturities Subtotal 1,405,657.50$ 1,374,000.00$ 1,395,182.61$ Purchases
Burbank Glendale, CA 120827EJ5 5/30/2024 2,029,660.70 1,990,000.00 2,042,297.20 7/1/2029 Fed Natl Mortgage Assoc #BS5506 3140LGDL3 6/1/2022 772,921.88 825,000.00 774,906.00 6/1/2029 Fed Natl Mortgage Assoc #BS8656 3140LKTN3 6/1/2023 659,587.50 660,000.00 663,115.20 6/1/2028 Jeanne D Arc CD 472207AK5 7/31/2024 249,000.00 249,000.00 250,098.09 7/31/2028 Purchases Subtotal 3,711,170.08$ 3,724,000.00$ 3,730,416.49$ July 31, 2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
For Period Ended
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Investment Portfolio
1 day to 30
days
31 day to
60 days
61 days
to 120
days
121 days
to 180
days
181 days to
1 year
1 year
to 2
years
2 years
to 3
years
3 years
to 4
years
4 years to 5
years
State Local Agency Investment Fund 1,271 - - - - - - - - California Asset Management Plan 25,471 - - - - - - - - Bank Accounts and Change Funds 7,113 - - - - - - - - Negotiable Certificates of Deposit 243 234 1,716 984 4,617 6,364 3,830 2,500 3,405 Government Securities - - 2,729 1,467 8,661 30,303 9,829 2,757 9,844 Money Market Fund 177 - - - - - - - - Municipal Bonds 25 - - - - 1,286 234 - 2,042 US Treasury - - - - - 1,416 228 - 2,939 Total Cash and Investments 34,300 234 4,445 2,450 13,277 39,369 14,121 5,256 18,229 Percentage 26.00% 0.20% 3.40% 1.90% 10.10% 29.90% 10.70% 4.00% 13.80%
1.912%
-2 -2
For Period Ended
July 31, 2024
Maturities in Thousands of Dollars
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority 1 day to 30
days 26.00%
31 day to 60 days
0.20%
61 days to 120
days 3.40%
121 days to 180
days 1.90%
181 days to 1 year
10.10%
1 year to 2
years 29.90%
2 years to 3
years 10.70%
3 years to 4 years
4.00%
4 years to 5 years
13.80%
INVESTMENTS BY MATURITY
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland -$ 34,100$ 32,898$ City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 4,112,093 4,362,093 City of Upland
Utility & Credit Cards Account Chase - 162,397 162,397 City of Upland
Successor Agency Chase 250,000 2,305,850 2,555,850 Totals 500,000$ 6,614,441$ 7,113,239$
TREASURER'S REPORT
July 31, 2024
For Period Ended
Bank Accounts and Change Funds
City of Upland - Successor Agency - Public Financing Authority
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Month Yield
August-2023 3.43%
September-2023 3.53%
October-2023 3.67%
November-2023 3.84%
December-2023 3.93%
January-2024 4.01%
February-2024 4.12%
March-2024 4.23%
April-2024 4.27%
May-2024 4.33%
June-2024 4.48%
July-2024 4.52%
July 31, 2024
State Local Agency Investment Fund
City of Upland - Successor Agency - Public Financing Authority
TREASURER'S REPORT
For 12 Month Period Ended
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
Average Yield On Investment Portfolio
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
Investment Portfolio
State Local Agency Investment Fund (LAIF) 5,063,212 3,065,740 1,115,944 1,118,938 6,112,217 6,140,634 10,179,928 8,165,694 5,738,513 1,228,815 1,218,471 1,270,702 California Asset Management Plan (CAMP) 30,372,628 30,511,128 30,655,126 30,795,733 30,940,951 31,086,004 31,221,545 31,366,454 35,511,736 35,667,423 37,319,358 25,471,211 Negotiable Certificates of Deposit 22,275,160 23,734,007 24,947,630 25,067,720 24,049,279 26,489,593 25,738,967 25,434,176 25,146,286 24,598,093 24,096,892 23,891,458 Money Market Fund 3,331,015 1,416,006 373,395 1,534,652 1,160,163 292,728 1,264,033 3,100,698 3,537,396 994,116 2,266,289 177,239 Municipal Bonds 1,497,757 1,494,993 1,497,169 1,510,198 1,524,299 1,534,972 1,529,703 1,533,303 1,527,597 1,531,768 1,533,372 3,587,504 Government Agency Securities 57,908,782 58,260,760 58,443,604 58,080,656 60,417,271 59,328,194 59,106,065 59,868,893 59,663,646 63,208,309 64,382,476 65,588,408 Corporate Bonds - - - - - - - - - - - - US Treasury 1,577,943 1,573,238 1,576,070 1,595,435 1,614,818 1,619,928 1,610,845 4,512,223 4,446,395 4,485,273 4,513,773 4,582,538 Total Investments 122,026,498$ 120,055,871$ 118,608,939$ 119,703,332$ 125,818,997$ 126,492,053$ 130,651,085$ 133,981,439$ 135,571,569$ 131,713,797$ 135,330,631$ 124,569,059$ Weighted Average Days to Maturity 529.41 563.07 559.72 559.72 506.90 491.11 459.24 483.70 461.83 471.80 499.32 572.63 Blended Yield:2.93% 3.01% 3.02% 3.02% 3.08% 3.05% 2.94% 3.14% 3.08% 3.02% 3.15% 3.07% Cash
Bank Accounts and Change of Funds 3,307,087 4,661,508 4,719,830 7,043,740 7,158,488 8,280,241 7,286,941 5,023,019 5,167,174 13,970,016 8,130,947 7,113,239 Total Cash 3,307,087$ 4,661,508$ 4,719,830$ 7,043,740$ 7,158,488$ 8,280,241$ 7,286,941$ 5,023,019$ 5,167,174$ 13,970,016$ 8,130,947$ 7,113,239$ Total Cash and Investments 125,333,584$ 124,717,379$ 123,328,768$ 126,747,072$ 132,977,485$ 134,772,294$ 137,938,026$ 139,004,459$ 140,738,742$ 145,683,813$ 143,461,577$ 131,682,298$ PARS Investment Portfolio
115 Trust-OPEB Investment 1,783,295 1,717,318 1,722,469 1,722,469 1,872,738 1,877,569 1,898,632 1,936,964 2,184,493 2,247,348 2,272,555 2,321,327 115 Trust-Pension Investment 4,509,472 4,370,416 4,432,144 4,432,144 4,729,333 4,746,692 4,775,020 4,855,290 7,104,472 7,289,805 7,376,442 7,533,336 Total Restricted Funds Held in Trust 6,292,767$ 6,087,734$ 6,154,613$ 6,154,613$ 6,602,071$ 6,624,260$ 6,673,652$ 6,792,254$ 9,288,965$ 9,537,153$ 9,648,997$ 9,854,664$ Benchmarks:
LAIF 3.43% 3.53% 3.67% 3.67% 3.93% 4.01% 4.12% 4.23% 4.27% 4.33% 4.48% 4.52% CAMP 5.54% 5.55% 5.56% 5.44% 5.55% 5.54% 5.50% 5.50% 5.45% 5.43% 5.44% 5.44% 2yr U.S. Treasury 4.85% 5.03% 4.95% 4.73% 4.23% 4.27% 4.64% 4.59% 5.04% 4.82% 4.71% 4.29% 5yr U.S. Treasury 4.23% 4.60% 4.67% 4.31% 3.84% 3.91% 4.26% 4.21% 4.72% 4.42% 4.33% 3.97% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2011
Wtr Revenue Bonds 2022 15,501,043 16,509,197 15,501,173 15,501,239 15,501,303 15,501,369 15,501,435 15,636,280 15,501,562 15,501,626 15,501,692 15,501,755 Wtr Sys Lease Rev Ref Bonds 2021 0 73,960 25 25 25 25 25 48,773 0 - - - Successor Agency TAN 2013 / TAN 2016- Me 2,892,444 10 10 10 10 10 223,344 0 0 - - - Colonies CFD Area #1 2012 - - - - - - - - - - - - Colonies CFD Area #1 2022 1,640,530 585,586 585,588 585,591 585,593 585,595 1,311,297 1,122,204 1,122,209 1,122,212 1,122,216 1,122,219 Colonies CFD Area #2 2015 2,615,798 1,526,950 1,526,956 1,526,958 1,526,969 1,526,975 2,236,488 2,010,387 2,010,393 2,010,404 2,010,413 2,010,421 Upland 54 CFD 2004 261,005 166,186 166,187 166,188 166,188 166,188 231,819 203,448 203,449 203,449 203,449 203,450 Sycamore Hills CFD 2015-1 1,102,057 737,752 737,756 737,759 737,762 737,762 1,006,794 824,056 824,059 824,060 824,061 824,062 Harvest at Upland CFD 2016-1 Area #1 904,297 571,804 574,056 576,398 578,670 581,045 912,960 743,629 746,634 749,547 752,572 755,509 Harvest at Upland CFD 2016-1 Area #2 2,695,112 2,289,308 2,289,318 2,289,328 2,289,337 2,289,347 2,583,777 2,435,366 2,435,376 2,435,384 2,435,392 2,435,400 4,029,216 3,992,422 4,007,837 4,023,801 4,039,244 4,055,265 4,145,681 4,062,915 4,078,970 4,094,517 4,110,632 4,126,259 Sycamore Hills CFD 2015-1-2 1,124,072 765,827 765,830 765,833 765,836 765,840 1,049,013 848,106 848,109 848,111 848,101 848,113 Total Restricted Funds 32,765,574$ 27,219,003$ 26,154,735$ 26,173,129$ 26,190,936$ 26,209,421$ 29,202,632$ 27,935,164$ 27,770,761$ 27,789,310$ 27,808,528$ 27,827,188$ July-2024June-2024May-2024
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Summary
July 31, 2024
January-2024August-2023 September-2023 October-2023 November-2023 December-2023 February-2024 April-2024March-2024
Prepared by Darren Chan
8/13/2024
Docusign Envelope ID: 3384B719-23B9-4B3E-9C9E-69D15C3B84BF
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
TERRY DOYLE, DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: CONSIDER APPROVING THE RECLASSIFICATION OF ONE RECREATION
COORDINATOR POSITION TO A SENIOR RECREATION COORDINATOR
RECOMMENDED ACTION:
It is recommended that the City Council approve the reclassification of one Recreation Coordinator at the Gibson Senior Center to a Senior Recreation Coordinator ; amend the Classification Plan as described; and add the Senior Recreation Coordinator job description to the Classification Plan.
GOAL STATEMENT
The proposed action supports the City’s goal to recruit and retain qualified employees to deliver superior services that meet community needs with transparency and integrity.
BACKGROUND
In FY 2022/23, City Council approved a City-wide Classification and Compensation Study to be conducted for all job classifications. The Study was to be conducted in two phases, first a review of all job classifications and the second a salary survey. The first phase of the Study included the following elements:
review all job specifications to prepare an updated classification plan, including recommended class descriptions and position allocations that recognize the scope and level of the various classes and positions; provide class descriptions and other documentation that includes information required for compliance with the Americans with Disabilities Act (ADA);
appropriate qualifications, including knowledge, skills, and other requirements that are job -related and meet other legal guidelines; and
provide sufficient documentation to allow the City to maintain the classification system on a regular basis.
On January 23, 2023, the Classification Study was presented to Council for approval, included in the report that was presented to Council was recommendations for reclassification of twenty-one (21) positions. One of the positions was the Recreation Supervisor at the Senior Gibson Center to be a downward reclassification to a Recreation Coordinator.
ISSUES AND ANALYSIS
In August 2022, the Recreation Supervisor for the Gibson Senior Center notified the City that she would be retiring in December 2022 and as part of the City-wide Classification and Compensation Study, the vacant position was reclassified to the lower classification of Recreation Coordinator.
The current structure of the Recreation and Community Services Division consists of a Recreation and Community Services Manager, Recreation and Community Services Supervisor, three (3) Recreation Coordinators, and one (1) Senior Administrative Assistant. Over the course of the last two (2) years it has become evident that the duties of the Recreation Coordinator assigned to the Gibson Senior Center has evolved outside of the scope of the current Recreation Coordinator job classification and require a new classification to be developed to better describe the duties of the position. In addition to overseeing all the Gibson Senior Center programs and classes, t he Recreation Coordinator assigned to the Gibson Senior Center acts as the City’s liaison for the Veterans Monument Committee, Irish Fest, and Lemon Festival, and is responsible for coordinating Upland’s Light Up the Night and Hometown Holiday events - two of the City’s largest and most complex community events.
The establishment of a Senior Recreation Coordinator will provide a clear career path for the Recreation and Community Services Division staff, providing a succession plan and assisting in the recruitment and retention of qualified employees.
This position has been determined to be part of the Upland City Employees Association (UCEA) and the recommended salary range will be Range 31, which is approximately 15% below the Recreation and Community Services Supervisor. This recommended salary is in keeping with the guidelines set by the Classificat ion and Compensation internal salary relationship practices of a full supervisory class is normally placed at least 10% to 25% above the highest level supervised. UCEA has been notified of the decision to place the classification in the unit and the salary range. The attached job description is attached for Council review.
Staff’s recommendation is that the Recreation Coordinator classification at the Gibson Senior Center be reclassified to a Senior Recreation Coordinator.
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 General Fund fiscal impact to cover the cost of the reclassification is $4,666 and will be funded by existing salary savings in the approved budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
September 2024
FLSA: Non-Exempt
SENIOR RECREATION COORDINATOR
DEFINITION
Under direction, plans, leads, and and, coordinates, and provides direction and oversight for one or more recreation programs and/or facilities; supervises and markets programs which may include: youth programs, senior programs, summer programs, special interest classes, and community events; operates recreation facilities and parks; provides administrative support and program assistance to the Recreation and Community Services Supervisor; fosters cooperative working relationships with various public and private groups; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Recreation and Community Services Supervisor. Exercises direct supervision over part-time recreation program, facility, park, and event staff.
CLASS CHARACTERISTICS
This is the advanced journey level classification in the Recreation and Community Services series responsible for performing the most complex work assigned to the series. Incumbents regularly work on tasks which are varied and complex, requiring considerable discretion and independent judgment. Positions in the classification rely on experience and judgment to perform assigned duties. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver services. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
Leads, supervises, coordinates, reviews, and evaluates one or more recreation and community service programs, activities, and/or systems at one or multiple sites; establishes schedules and methods for providing community and recreation services; recommends improvements or modifications. Supervises, coordinates, and participates in the day-to-day operations of one or more recreation and community service programs, events, and/or facilities, and parks. Assists in the recruitment and selection of part-time staff, contracted instructors and/or volunteers for various classes and provides recommendations; provides supervision, training, orientation, and guidance to assigned staff; prepares weekly and daily schedules; provides input and documentation for performance evaluations; monitors classes and instructors to ensure that recreation programs meet customer service and quality standards.
Trains, directs and evaluates the work of assigned staff, contracted instructors and/or volunteers. Meets with community groups and residents in the development and coordination of recreation programs or community services; interprets parks & recreation service to the public and participates in community meetings and organizational planning; oversees and coordinates scheduling of activities, services, and events.
Analyzes trends in recreation programming and community interests; continuously monitors and evaluates the efficiency and effectiveness of program and service delivery methods, based on measurable outcomes; recommends and implements modification, as necessary.
Senior Recreation Coordinator
Researches other agencies to ensure that assigned recreation programs are competitive in both quality and price; evaluates fees and prepares recommendations for establishment or revision. Monitors contract agreements with service providers; assists with recruitment, hiring, training, and supervision of contract employees.
Estimates costs of supplies and materials; orders supplies and materials for projects and activities; maintains records of purchase orders; assists in developing budget figures for specified areas; monitors expenditures and revenues and projecting future fiscal needs. Researches available grants and makes recommendations to department management; drafts narrative for grant applications and ensures required supporting documentation is included; coordinates these efforts with other divisions and City departments, as necessary. Plans, staffs, supervises, and implements assigned special events. Acts as a representative to patrons and residents regarding questions, problems, concerns, and activities in the provision of recreation and community program operations, activities, and services. Participates in ensuring compliance with relevant health, safety, permitting, and licensing laws and guidelines; maintains and updates all records required by federal, state, and local regulatory agencies including ensuring compliance for insurance and liability coverage. Travels to assigned program sites to monitor program activities. Monitors the proper and safe use of program facilities and parks by the general public; patrols recreational facilities and parks to ensure adherence to rules and ordinances; interprets and applies policies, procedures, laws, codes, and regulations; assists in education about the enforcement of rules and regulations.
Creates marketing materials for recreational programs, community services, and events, including developing and preparing brochures, flyers, newsletters, and other materials; creates content and maintains and updates related websites and social media accounts. Maintains accurate records of services and activities, including recreation schedules, program participation and analysis, revenues, expenditures, grants, contract programs, accidents, and vandalism.
Implements processes and procedures for assigned services and programs; identifies resource needs; researches, recommends, and implements procedures, including standard operating procedures for assigned facilities with management approval.
Observes and complies with City and mandated safety rules, regulations, and protocols. Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
Principles, practices, and service delivery needs related to the program area(s) to which assigned. Procedures for planning, implementing, and maintaining a variety of recreation and leisure activities and programs.
Principles and practices of recreation program development, implementation, review, and evaluation. Recreational, cultural, age-specific, and social needs of the community. Principles and practices of program administration, including budgeting, purchasing, and basic supervision.
Senior Recreation Coordinator
Recreation facility and park management and oversight. Industry standards and best practices related to assigned programs and facility operations. Safety principles and practices, including basic first aid and adult and/or child cardiopulmonary resuscitation (CPR) methods.
Applicable safety precautions and procedures related to the program area(s) and facilities t o which assigned.
Principles and practices of basic public relations and marketing techniques. Best practices related to use of social media to outreach and market division programs and events. Business arithmetic and statistical techniques.
Methods of preparing, processing, and maintaining records, reports, forms, and other documents and correspondence.
Principles and procedures of recordkeeping.
Applicable federal, state, and local laws, rules, regulations, ordinances, and procedures relevant to assigned area of responsibility.
City and mandated safety rules, regulations, and protocols. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Ability to:
Plan, oversee, coordinate, review, and evaluate recreation and community service program operations and activities, as well as staff, contractors, and volunteers. Plan and prepare recreation activity schedules, staffing schedules, reports, and other related program materials.
Understand the organization and operation of recreation and community service programs, facilities, and parks necessary to assume assigned responsibilities. Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
Select and supervise staff; provide training and development opportunities; ensure work is performed effectively; and evaluate performance in an objective and positive manner. Recommend and administer program and project budgets after approval. Develop promotional materials and effectively market City recreation programs and community services.
Handle medical emergencies and injuries in a calm and effective manner, including providing basic first aid and adult and/or child cardiopulmonary resuscitation (CPR). Make accurate business arithmetic and statistical computations. Analyze, interpret, summarize, and present technical information and data in an effective manner. Develop and maintain community partnerships.
Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in mee tings with individuals.
Establish and maintain a variety of filing, recordkeeping, and tracking systems. Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Senior Recreation Coordinator
Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to an associate degree from an accredited college or university with major coursework in recreation, leisure studies, public or business administration, or a related field.
Experience:
Five (5) years of increasingly responsible experience in the development and/or delivery of recreation programs, community services, or activities.
Licenses and Certifications:
Possession of a valid California Driver's License, to be maintained throughout employment. Possession of, or successful acquisition within six (6) months from appointment, valid certifications in First Aid and cardiopulmonary resuscitation (CPR), to be maintained throughout employment.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or recreation facility setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in work areas and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, a nd pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.
ENVIRONMENTAL CONDITIONS
Employees predominately work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Incumbents partially work in the field and may be exposed to blood and body fluids rendering assistance to recreation program participants and are required to wear appropriate attire for the recreation activity to which they are assigned.
Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Department/Division: Administrative Services Department/Recreation & Community Services Reports To: Recreation Supervisor
Provides Direction To: N/A
Exemption Status: Non-Exempt
Employment Grouping: General
Date Prepared: August 28, 2024
Senior Recreation Coordinator
Date Updated:
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
STACI SULLIVAN, FINANCE MANAGER
MICHAEL M. BLAZENSKI, CLEAR FALLS CONSULTING, CORP.
SUBJECT: FIRE DEVELOPMENT IMPACT FEES
RECOMMENDED ACTION:
It is recommended that the City Council: 1) Establish the Fire Development Impact Fees (DIF) Fund (Fund 418); 2) Transfer the $318,428 liability from the General DIF Fund to the Fire DIF Fund as of July 1, 202 3; 3) Approve the refunding of $254,149 in weed abatement costs incurred by the City between Fiscal Year 2017 -18 and Fiscal Year 2023-24 from the City’s General Fund to the Fire DIF Fund; and 4) Appropriate the remaining balance of $64,279 to Account No. 418XXXX-5253 in Fiscal Year 2024-25.
GOAL STATEMENT
The proposed action supports the City’s goal of being fiscally conservative and utilizing city assets in the best possible way.
BACKGROUND
On September 25, 2006, the City Council adopted Resolution No. 5792 which established impact fees based on a Public Facilities Fee Study which calculated fees that represented future development’s share of public facilities and capital improvements. In addition to the then three existing Development Impact Fees (Park, Traffic and Storm Drain), fees for General, Fire, Police, Water and Sewer were established. These fees took effect in 2007.
On December 13, 2021, the City Council approved a Professional Services Agreement with DTA to conduct a Comprehensive Development Impact Fee Study.
On April 22, 2024, the City Council received and filed the AB 1 600 Development Impact Fee annual reports from 2007 to 2023.
ISSUES AND ANALYSIS
The City of Upland completed an analysis of the various DIF and reported them to the City Council in April 2024. At the time, the Fire DIF was not reported on as further research was required to determine the disposition of these funds.
After further review, it was determined that there were unspent Fire DIF in the amount of $318,428 as of June 30, 2023.
During the review of the Fire DIF, the previously existing fees were approved for existing and planned Fire facilities.
Given the services provider contract with San Bernardino County Fire, staff has determined that the Fire DIF could be allocated to offset fire prevention activities, including weed abatement services. Using these monies to support weed abatement allows for the reduction and delay of utilizing and purchasing of fire suppression equipment that would have resulted without weed abatement being performed.
This item brings around the solution for the handling of these funds.
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 this item will be to remove the $318,428 liability from the General DIF fund and the creation of the Fire DIF Fund (Fund 418) with the same amount. $254,149 of Fire DIF Fund proceeds will be used to reimburse the City’s General Fund for weed abatement costs that occurred between Fiscal Year 2017 -18 through Fiscal Year 2023-24. The remaining balance of $64,279 in account 418XXXX-5253 of the Fire DIF Fund will be appropriated for expenditure during Fiscal Year 2024-25.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
ADAM TUCKERMAN, LIBRARY DIRECTOR
SUBJECT: CONSIDER ADOPTING A RESOLUTION ACCEPTING BUILDING FORWARD: LIBRARY INFRASTRUCTURE GRANT – ROUND ONE
RECOMMENDED ACTION:
It is recommended that the City Council adopt the Resolution Accepting Building Forward: Library Infrastructure Grant – Round One funding of $252,080.
GOAL STATEMENT
The proposed action supports the City’s goal of upgrading City facilities to modern standards.
BACKGROUND
On February 9, 2022, then Upland Public Library Director, Yuri Hurtado presented information regarding the California State Library’s Building Forward: Library Grant to the Library Board. At the time, the Library’s elevator broke down frequently, and did not always bounce back if an obtrusion was placed between its doors. In addition, the Library had a dire need for emergency lighting, as restrooms had no back up power light, and some portions of the Library were in total darkness during outages. The Library Board supported moving forward with a grant application for the replacement of the Library’s elevator car and lift mechanism and emergency lighting.
On March 23, 2022, the application was submitted to the State of California ’s Building Forward Library Infrastructure Grant – Round One. In April 2022, the Upland Public Library was notified that it was awarded $252,080 in Round One of the California State Library’s Building Forward: Library Infrastructure Grant. On May 22, 2023, the City Council accepted the Building Forward: Library Infrastructure Grant – Round One, and appropriated the $252,080 provided by the grant.
ISSUES AND ANALYSIS
The City has spent the grant funds and completed all the projects submitted to the State of California in the Building Forward: Library Infrastructure Grant – Round One proposal. As paperwork finalizing the project is being provided to the State to complete the project, it has been discovered that a formal Resolution authorizing the acceptance of the funding and naming an authorized representative has not been provided to the City Council for approval.
While Council has already taken the action to accept the grant funding and appropriate the funds in May 2023, the attached Resolution will allow the grant project to be finalized with the State of California.
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 with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, AUTHORIZING THE GRANT
APPLICATION, ACCEPTANCE, AND EXECUTION OF THE
GRANT FUNDS FROM THE STATE OF CALIFORNIA
BUDGET ACT OF 2021 (SB 129)
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the City of Upland, if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Upland proposes to implement Upland Library Elevator Replacement and Emergency Lighting Installation; and
WHEREAS, the City of Upland has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Upland intends to apply for grant funding from the California State Library for the Upland Library Elevator Replacement and Emergency Lighting Installation.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Upland Assistant City Manager, or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take other such actions necessary to appropriate or obtain grant funding.
Section 2. The City of Upland Assistant City Manager, or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.
Section 3. The City of Upland Assistant City Manager, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.
Resolution No.
Section 4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to the commencement of the project, all applicable permits will have been obtained; and, he Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 9th day of September, 2024.
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 9th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
LON TEAGUE, ACTING POLICE CAPTAIN
MARCI WILLIAMS, POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR CROSSING GUARD SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council approve the agreement with All City Management Services, Inc. for crossing guard services in the amount of $195,102 for the 2024/2025 school year and authorize the City Manager to execute the agreement.
GOAL STATEMENT
The proposed action supports the City’s goal of providing crossing guards at predetermined locations on all days the Upland Unified School District schools are in session.
BACKGROUND
The city has had an ongoing agreement with All City Management Services, Inc. (ACMS) for crossing guard services since 2014. In the spring of 2023, staff conducted research to find alternate companies to provide crossing guard services. Staff were unable to locate any local alternatives, so they conducted a survey of neighboring jurisdictions/school districts to see what options existed. Staff contacted eight local jurisdictions. Six jurisdictions contract with ACMS and the other two have city employees who are employed as crossing guards. With no known alternatives to assess, staff did not issue an RFP and obtained a quote from ACMS for consideration. This year, two neighboring school districts were reached out to again. Both the Claremont Unified and Ontario-Montclair Unified School Districts continue to use ACMS for crossing guard services.
ISSUES AND ANALYSIS
The increase proposed by ACMS for the 202 4/25 school year is $5.24 per hour, or an increase of 16.96% over last years’ hourly rate. This increase is directly related to AB1228 which took effect in April of 2024. This law increases the minimum wage for all Fast-Food employees in California to $20.00 per hour. ACMS anticipates this will have a direct impact on their workforce. ACMS will need to offer competitive wages in light of AB1228 to retain and effectively recruit employees. For these reasons, as well as cost increases in some segments of their business, they were forced to increase their hourly billing wage for the upcoming 2024-2025 fiscal year.
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
No additional appropriations are required at this time as these services are ongoing and were already included in the Fiscal Year 2024/25 budget. Funds are budgeted in Contract Services account 1013211-5253.
ALTERNATIVES
An alternative option would be to hire in-house crossing guards. Doing so would require the city to allocate additional resources to train and maintain these employees, manage their schedules, and provide supervision. This option would exceed the funds budgeted in the FY 24-25 budget for this service.
CEQA: Not a Project.
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated June 30, 2024 and is between the CITY OF UPLAND (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a period which commences on or around July 1, 2024 and ends on June 30, 2025 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.
3. The City’s representative in dealing with the Contractor shall be designated by the City of Upland.
4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
2 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City.
11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify City will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars).
3 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.
14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-six Dollars and Sixteen Cents ($36.13) per hour, per Crossing Guard during the term.
Based on a minimum of ten (10) sites and upon a projected (5,400) hours of service the cost shall not exceed One Hundred Ninety-five Thousand, One Hundred and Two Dollars ($195,102.00) per year, unless Contractor fails to perform service.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.
17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.
18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CITY CONTRACTOR
City of Upland All City Management Services, Inc.
By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________
Sgt Marci Williams
City of Upland
460 N. Euclid Ave.
Upland, CA 91786
Dear Sgt. Williams,
February 1, 2024
10440 Pioneer Blvd Suite 5iSanta Fe Springs, Ca 90670i310-202-8284i800-540-9290iFAX 310-202-8325 It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2024-2025 fiscal year.
As you may know hiring challenges have impacted all sectors of the labor market, across the nation. Our post-COVID workforce continues to transform from a traditionally older workforce to a younger workforce. The expectations of this younger workforce continues to require higher wages and in some cases more hours to sustain themselves. Consequently, our employee turnover rate continues to increase dramatically impacting our advertising, recruitment and training costs.
Additionally, effective in April of this year Governor Newsom signed into law AB1228. This law increases the minimum wage for all Fast-Food employees in California to $20.00 per hour. We anticipate this will have a direct impact on our workforce. We will need to offer competitive wages in light of AB1228 to retain and effectively recruit employees.
For these reasons, as well as cost increases in some segments of our business, we must appeal for an increase in our hourly billing wage for the upcoming 2024-2025 fiscal year. To facilitate the calculation of the 2024-2025 annual cost of your Crossing Guard program, we have developed and included with this letter a Client Worksheet. This Worksheet details the new hourly billing rate and the overall estimated program cost, based on the number of sites and the hours worked at each site.
While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information, please contact Claudia Than at (800) 540-9290. Take care.
Sincerely,
Baron Farwell,
General Manager
All City Management Services Inc.
Billing Rate for 2024 - 2025: 36.13$
KEY:
Summer School
30 180 5400 $36.13 =$195,102.00
10 Sites at 3.00 hrs per day days/yr X Hourly Billing Rate 5,400.00 $195,102.00
TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST
460 N. Euclid Ave.
For sites with no regularly scheduled early release days, use 180 regular days Traditional Calendar:
Upland, CA 91786
Client Worksheet 2024 - 2025
Department:
City of Upland
1006201
For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Year Round Calendar
For schools with no regularly scheduled early release days, use 240 regular days For schools with Summer School sessions use 19 days
Sites with traditional calendar:
Total Hrs/day X
It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services
All City Management Services Inc.
Billing Rate for 2025 - 2026: 37.90$
KEY:
Summer School
30 180 5400 $37.90 =$204,660.00
10 Sites at 3.00 hrs per day days/yr X Hourly Billing Rate 5,400.00 $204,660.00TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST
For schools with Summer School sessions use 19 days
Sites with traditional calendar:
Total Hrs/day X
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Year Round Calendar
For schools with no regularly scheduled early release days, use 240 regular daysIt is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services 460 N. Euclid Ave.
Upland, CA 91786
Client Worksheet 2025 - 2026
Department:1006201
City of Upland
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
JACOB KIRK, POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL OF THE REALLOCATION OF ARPA FUNDS FOR POLICE
DEPARTMENT BUILDING UPSTAIRS EXPANSION
RECOMMENDED ACTION:
It is recommended that the City Council reallocate previously approved American Res cue Plan Act (ARPA) funds in the amount of $200,000 and approve an additional $50,000 to fund an upstairs expan sion at the Police Department.
GOAL STATEMENT
The proposed action supports the City’s goal of maintaining and improving the City’s public building facilities.
BACKGROUND
On October 11, 2021, the City Council adopted an ARPA Investment Plan. Within the plan, $150,000 was set aside to fund an evidence storage building and $50,000 was allocated to build a fence to secure the storage building.
Subsequently, the land where the building and fence were planned to be construc ted was found to be not suitable for construction, and the project was cancelled.
ISSUES AND ANALYSIS
As our police department staffing levels increase, we have a need for additional workspace. The upstairs lobby area is an area where additional workspace can be added; however, the southern portion of the upper level has an approximate 10’X 25’ area that is open to the lower -level lobby. This area of the upper-level floor will need to be expanded to create additional workspace and to separate the upper a nd lower-level lobbies. This expansion will provide room for approximately ten to twelve additional cubicles.
ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves expansion within the existing facility footprint and does not involve any expansion of use beyond that which is existing.
FISCAL IMPACTS
The total cost for the police department upstairs expansion project is estimated at $250,000. This action would allocate $250,000 in American Rescue Plan Act (ARPA) Building Improvements Account No. 2293201-5529-16135.
Currently, $200,000 have been set aside for other Police Department projects, with $50,000 being allocated from the more than $2.5 million in currently unallocated ARPA funds.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR
ALAN FRENCH, PRINCIPAL ENGINEER
YESENIA DIAZ, ASSISTANT ENGINEER
SUBJECT: CONSIDER ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 20448
RECOMMENDED ACTION:
It is recommended that the City Council accept the improvements for Parcel Map 20448 and reduce the improvement bonds to 25%.
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 February 23, 2022, the Planning Commission approved Tentative Parcel Map 20448 through Resolution No. 4961 which proposed to subdivide the subject property into five parcels. The Yellow Iron Development is located on the south side of 11th Street just east of Dewey Way. The development is a 5 -lot parcel map for light industrial purposes for commercial use of an existing 4.87-acre site. The development includes the construction of five buildings for commercial/industrial mixed-use.
On October 10, 2022, the City Council approved the Tentative Parcel Map 20448 fo r recordation, authorize execution of the Subdivision Agreement and accepted the bonds for improvements.
ISSUES AND ANALYSIS
In conformance with the conditions of approval contained in Resolution No. 4961 by the Planning Commission, Yellow Iron has completed the improvements required for the development. The City has inspected the completed improvements and found them to be in compliance with the conditions of approval and approved plans. The City can now accept the off-site improvements and reduce the Performance Bond to 25%.
ENVIRONMENTAL DETERMINATION
The proposed development is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The project qualifies as a Class 32 In Fill Exemption Project under State CEQA Guidelines Section 15332 for the following reasons: (1) the project is consistent with the applicable General Plan designations and all applicable General Plan policies as well as with the applicable zoning designation and regulations, (2) the proposed development occurs within the City limits on a project site of no more than five acres in size and substantially surrounded by urban uses, (3) the project site has no value as a habitat for endangered, rare or threatened species, (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and (5) the site can be adequately served by all required utilities and public services.
FISCAL IMPACTS
With this action, the City is accepting 75% of ap proximately $49,657 (see attached engineer's estimate) in public improvement capital assets, which will be added to the City’s infrastructure inventory and will be maintained by the City going forward.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines.
2.4 CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
LAND DEVELOPMENT & TRANSPORTATION DIVISION
COST ESTIMATE SUMMARY SHEET
Public Improvements
BOND AMOUNT CALCULATION
Developer:
Project:
Location:
Item Description Estimated Cost
1 . Street Improvements $ - 2 . Sewer Improvements $ - 3 . Water Improvements $ - 4 . Drainage Improvements $ - 5 . Traffic Improvements $ - 6 . Miscellaneous $ -
Grand Total $ - 20% Contingency $ - Bond Amount $ -
Faithful Performance (100%) $ - Labor and Materials (50%) $ -
Final Monuments $ - (Cash Deposit required for monuments)
Estimated By:
RCE#:
Date:
Bond amounts will be calculated by the Developer's Engineer and reviewed by the Public Works Department. Inspection fee deposits shall be paid prior to issuance of permit.
Joshua Barrett
85665
8-15-22
38,837
5,520
5,300
Yellow Iron
11th Street Development
PM 20448, 2068 11th Street
49,657
9,932
59,589
59,589
29,795
4,800
2.5 Preliminary Cost Estimate Form for
Street Improvements
Developer:
Project:
Location:
Street Items Quantity Unit Price Amount
Roadway Excavation $ -
1. Projects with Grading Plan area X 0.50'
(hinge point to hinge point) ( __________ SF) CY $ 15.00 $ -
2. Projects without Grading Plan road area and
side slopes to daylight. Cut (C) = Fill (f) = $ - (a) Excavate & Fill CY (c or f) $ 4.00 $ - (b) Excavate & Export CY (c -f) $ 1.10 $ - PCC Curb and Gutter 6" LF $ 14.00 $ - PCC Curb and Gutter 8" LF $ 16.00 $ - PCC Sidewalk SF $ 7.00 $ - PCC Cross Gutter/Spandrel SF $ 10.00 $ - PCC Curb Only 6" LF $ 10.00 $ - PCC Curb Only 8" LF $ 12.00 $ - Rolled Curb LF $ 15.00 $ - PCC Pavement SF $ 10.00 $ - Ribbon/Alley Gutter LF $ 15.00 $ - Wheelchair Ramp (ADA Compliant) EA $ 2,000.00 $ - Drive or Alley Approach SF $ 10.00 $ - Asphalt Concrete (144 lbs/ft3) TON $ 95.00 $ - AC Patch-Trench (Match Existing) SF $ 5.00 $ - Grind & AC Overlay @ 0.50 inch SF $ 4.00 $ - Aggregate Base CL II CY $ 55.00 $ - AC Berm LF $ 14.00 $ - Street Lights Underground + Trench (Standard Marbelite) EA $ 6,000.00 $ - Street Lights Underground + Trench (Decorative) EA $ 7,000.00 $ - Install Barricades LF $ 110.00 $ - Remove Barricades LF $ 10.00 $ - Remove AC Pavement SF $ 2.00 $ - Remove PCC Curb LF $ 10.00 $ - Adjust Sewer Manhole to grade EA $ 500.00 $ - Adjust Water Valve to grade EA $ 300.00 $ - Sawcut LF $ 2.00 $ - Decorative Concrete SF $ 12.00 $ - Underwalk Drain EA $ 1,800.00 $ - Parkway Trees EA $ 350.00 $ - Parkway Landscape and Irrigation SF $ 0.79 $ - Install Chain Link Fence LF $ 16.00 $ - Irrigation Backflow Prevention Assembly (w/ enclosure) $ - Relocate Power Pole EA $ 10,000.00 $ - Total for Street Improvements $ -
By:
Street Drawing Number(s):
Yellow Iron
11th Street Development
PM 20448, 2068 11th Street
2,741 27,410
140 280
14,109 11,147
38,837
Joshua Barrett
GP 22-04
2.6 Preliminary Cost Estimate Form for
Sewer Improvements
Developer:
Project:
Location:
Sewer Items Quantity Unit Price Amount
Sewer Manholes (48-inch Diameter) EA $ 4,500.00 $ - Sewer Drop manholes (48-inch Diameter) EA $ 5,500.00 $ - Sewer Cleanouts EA $ 1,000.00 $ - 6-inch VCP Sewer Laterals LF $ 60.00 $ - 8-inch VCP Sewer Mainline LF $ 85.00 $ - 10-inch VCP Sewer LF $ 110.00 $ - 12-inch VCP Sewer LF $ 120.00 $ - Concrete Encasement 8-inch LF $ 15.00 $ - Concrete Encasement 10-inch LF $ 18.00 $ - Concrete Encasement 12-inch LF $ 20.00 $ - 8-inch CIP Mainline LF $ 150.00 $ - Adjust Cleanout to Grade EA $ 300.00 $ - Adjust Manhole to Grade EA $ 600.00 $ - Remove Manhole EA $ 2,000.00 $ - Connect to Existing Manhole and Rechannel EA $ 1,800.00 $ - Backflow Device EA $ 800.00 $ - 8-inch x 4-inch Sewer Wye EA $ 600.00 $ - Grease Interceptor EA $ 7,500.00 $ - $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total for Sewer Improvements $ -
By:
Sewer Drawing Number(s):
Yellow Iron
11th Street Development
PM 20448, 2068 11th Street
1 12
4,500
1,020
5,520
Joshua Barrett
GP 22-04
2.7 Preliminary Cost Estimate Form for
Water Improvements
Developer:
Project:
Location:
Water Items Quantity Unit Price Amount
6-inch Water main LF $ 65.00 $ - 6-inch Valve EA $ 1,300.00 $ - 8-inch Water main LF $ 80.00 $ - 8-inch Valve EA $ 1,500.00 $ - 6-inch Fire Hydrant Assembly EA $ 5,800.00 $ - 12-inch Valve EA $ 3,700.00 $ - Upgrade 4-inch Fire Hydrant Assembly to 6-inch EA $ 5,000.00 $ - Relocate 6-inch Fire Hydrant Assembly EA $ 2,400.00 $ - 2-inch Water Service EA $ 3,000.00 $ - 1 1/2-inch Water Service EA $ 2,300.00 $ - 1-inch Water Service EA $ 1,800.00 $ - 2-inch Air Vacuum Release Valve EA $ 3,500.00 $ - Blind Flange EA $ 600.00 $ - Relocate Existing Water meter EA $ 600.00 $ - 6-inch Fire Service LF $ 55.00 $ - Backflow Device EA $ 2,800.00 $ - 8-inch Fire Service with Vault and Valve EA $ 7,000.00 $ - 6-inch Fire Service with Vault and Valve EA $ 6,000.00 $ - 4-inch Fire Service with Vault and Valve EA $ 5,000.00 $ - 4-inch Modified Blow-Off Assembly EA $ 2,700.00 $ - Blow Off Assembly EA $ 2,700.00 $ - Recycled Water Line, Irrigation LF $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total for Water Improvements $ -
By:
Water Drawing Number(s):
Yellow Iron
11th Street Development
PM 20448, 2068 11th Street
1 1
3,000
2,300
5,300
Joshua Barrett
GP 22-04
2.8 Preliminary Cost Estimate Form for
Storm Drain Improvements
Developer:
Project:
Location:
Storm Drain Items Quantity Unit Price Amount
18-inch RCP LF $ 125.00 $ - 24-inch RCP LF $ 145.00 $ - 30-inch RCP LF $ 155.00 $ - 36-inch RCP LF $ 190.00 $ - 42-inch RCP LF $ 215.00 $ - 48-inch RCP LF $ 240.00 $ - 54-inch RCP LF $ 275.00 $ - 60-inch RCP LF $ 320.00 $ - 72-inch RCP EA $ 375.00 $ - 8-inch HDPE LF $ 40.00 $ - 12-inch HDPE LF $ 45.00 $ - Standard Manhole EA $ 4,500.00 $ - Junction Structure (with manhole) EA $ 3,600.00 $ - Junction Structure (without manhole) LF $ 2,500.00 $ - 4' Wide Catch Basin and Local Depression EA $ 5,000.00 $ - 7' Wide Catch Basin and Local Depression EA $ 6,000.00 $ - 10' Wide Catch Basin and Local Depression EA $ 7,000.00 $ - 14' Wide Catch Basin and Local Depression EA $ 8,500.00 $ - 21' Wide Catch Basin and Local Depression EA $ 9,500.00 $ - Concrete Collar EA $ 1,500.00 $ - Clean Out EA $ 1,500.00 $ - Curb Inlet/Outlet EA $ 2,500.00 $ - Bio-Swale LF $ 8.80 $ - 12"x12" Box Inlet EA $ 1,000.00 $ - 18"x18" or 24"x24" Box Inlet EA $ 1,500.00 $ - $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total for Drainage Improvements $ -
By:
Storm Drain Drawing Number(s):
2.9 Preliminary Cost Estimate Form for
Traffic Improvements
Developer:
Project:
Location:
Traffic Improvements Quantity Unit Price Amount
4" Painted Broken Stripes LF $ 2.00 $ - 4" Painted Double Solid Stripes LF $ 0.50 $ - 6" Painted Bike Lane Stripes LF $ 0.70 $ - Painted One-Way, No Passing LF $ 0.40 $ - Painted Two-Way, Left Turn Lane LF $ 0.90 $ - Painted Pavement Markings SF $ 3.00 $ - 8" Thermoplastic Channelizing Line LF $ 2.00 $ - 12" Thermoplastic Crosswalk & Limit Line LF $ 3.00 $ - Thermoplastic Pavement Markings SF $ 4.00 $ - Street Name Sign & Post EA $ 300.00 $ - Stop Sign & Post EA $ 300.00 $ - Road Sign on existing pole/post (One Post) EA $ 200.00 $ - Road Sign on existing pole/post (Two Post) EA $ 300.00 $ - Street Sign (Mast Arm Hanger Method) EA $ 500.00 $ - Remove Painted Stripes & Pavement Markings SF $ 3.00 $ - Remove Thermoplastic Stripes & Pavement Markings SF $ 5.00 $ - Traffic Signal & Lighting - New Installation LS $ 300,000.00 $ - Traffic Signal & Lighting - Modification LS $ 200,000.00 $ - Type E - 6' Round Signal Loops EA $ 600.00 $ - Type D - 6' Square Loops with bike detection zone EA $ 800.00 $ - Install Pull Box (#5) EA $ 500.00 $ - Install Pull Box (#6) EA $ 700.00 $ - Install Pull Box (#6E) EA $ 800.00 $ - 2" Conduit LF $ 25.00 $ - 3" Conduit LF $ 30.00 $ - 3" PVC Conduit (for Fiber Optic Cable only) LF $ 30.00 $ - 24 Single Mode Fiber Optic Cable LF $ 4.00 $ - 12 Pair Interconnect Cable LF $ 5.00 $ - Bike Loops EA $ 300.00 $ - $ -
$ -
$ -
$ -
$ -
Total for Traffic Improvements $ -
By:
Drawing Number(s):
2.10 Preliminary Cost Estimate Form for
Miscellaneous Improvements and Final Monuments
Developer:
Project:
Location:
Miscellaneous Items Quantity Unit Price Amount
Sub-total for Miscellaneous Improvements
By;
Miscellaneous Drawing Number(s):
Final Monument Items Quantity Unit Price Amount
Sub-total for Final Monuments
By:
Final Map Number(s):
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D DALQUEST, DEVELOPMENT SERVICES DIRECTOR
ALAN FRENCH, PRINCIPAL ENGINEER
YESENIA DIAZ, ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVAL OF TRACT MAP 20647 AND SUBDIVISION AGREEMENT,
LOCATED AT THE NORTHWEST CORNER OF NORTH FIRST AVENUE AND A STREET
RECOMMENDED ACTION:
It is recommended that the City Council approve Tract Map 20647 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 October 25, 2023, the Planning Commission adopted Resolution No. 49 92 approving Tentative Tract Map 20647 and Development Plan Review No. 23-0008, to allow for the construction of thirty-two (32) townhome units within four, 3-story buildings, with five (5) of the units required to be affordable to low-income households and approving a vesting tentative tract map for condominium purposes, allowing each unit to be sold individually.
ISSUES AND ANALYSIS
The final map approval and recordation will allow for the sale of the 32 townhome 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 $700 has been received by the City. The public improvements have been bonded for in the amount of $299,000.
ENVIRONMENTAL DETERMINATION
The project is Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, because the proposed project is consistent with applicable general plan designation and policies, as well as applicable zoning designation and regulations; occurs within city limits on a property that is no more than five acres in size and substantially surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services .
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines.
Revised: August 17, 2023
SUBDIVISION AGREEMENT
Tract Map Number__20647_______
THIS AGREEMENT is entered into as of this 18 day of June 2023 by and between City Ventures Homebuilding LLC, 3121 Michelson Drive, Suite 150, Irvine, Ca 92612 (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 ___ 20647 _____ 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 20647
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 20647 and Final Tract Number 20647 , 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:
Revised: August 17, 2023
a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or b) The City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or
c) The City may, as to some of such work and improvements, proceed under remedy (a) above, and as to the remainder, under remedy (b) above.
The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said “costs and expenses,” the reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to the City for reasonable attorneys’ fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.
7. All slope banks over three (3) feet in vertical height within said Tract Map shall be landscaped with landscaping approved by the City Engineer. Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn-ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part.
8. Subdivider shall, at its sole cost and expense, secure and furnish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of California, for the following amounts and purposes:
(a) A bond in the amount of $ 299,000.00 guaranteeing full performance of all the terms of this Agreement, see Performance Bond No. 0854815.
(b) A bond in the amount of $ 150,000.00 securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respect to said public improvements, see Labor and Materials Bond No. 0854815.
(c) A cash deposit in the amount of $ 700.00 securing the setting of monuments.
9. Acceptance of any work or improvements by the City shall not constitute an acknowledgment by the City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by the City.
10. As a condition precedent to the acceptance of the improvements hereunder as being complete and prior to the release of any bonds required under paragraph 8, hereof, securing the faithful performance of Subdivider’s obligations hereunder, Subdivider shall give a bond with a corporate bonding company or similar instrument, satisfactory to the City in the amount of $ 74,750.00 as guarantee and warranty of the work for a one (1) year period following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
11. Except as to the sole and exclusive negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and
Revised: August 17, 2023
hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, costs, expenses or damages to property or injuries to or death of any person or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the acts, errors or omissions of Subdivider, its officers, agents, employees, consultants, subcontractors or other persons, companies or other entities using roadways/streets of the subdivision, performing labor, transporting and/or supplying material, designing, constructing or installing the improvements contemplated in this Subdivision Agreement. Where the Subdivider divides the project in phases and or allows construction vehicles or construction traffic use the same roadways/streets used by residents of the subdivision causing accidents, the Subdivider shall indemnify the City, its officers, its employees and its agents from any and all liability, claims, damages, or injuries to any person or property arising from the Subdivider’s actions or actions of his employees, agents, and contractors.
12. The parties agree that the improvements to be undertaken and completed by the Subdivider, and estimated costs thereof, are those set forth in Exhibit A.
13. All notices to Subdivider may be sent to City Ventures Homebuilding LLC, 3121 Michelson Drive, Suite 150, Irvine, Ca 92612 or at such other address of which the City shall receive notice in writing specifically calling attention to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written.
City Ventures Homebuilding, LLC
BY
BY
CITY OF UPLAND, a municipal Corporation
BY
Michael Blay, City Manager
ATTEST
Keri Johnson, City Clerk
Revised: August 17, 2023
Approved as to Form
BY _________________________________
The City Attorney
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR
GIOVANNI ARELLANO, CONTRACT REHABILITATION PROGRAMS ADMINISTRATOR SUBJECT: CONSIDER APPROVAL OF ELIGIBLE AMERICAN RESCUE PLAN ACT FUNDED
COMMERCIAL REHABILITATION PROGRAM APPLICATIONS AND REVISED GRANT
APPROVAL PROCESS
RECOMMENDED ACTION:
It is recommended that the City Council (“Council”) accept the Grant Review Committee’s recommendation re lative to eligibility and funding for eleven (11) Commercial Rehabilitation Program (“CRP” or “Program”) projects listed herein and return the authority to approve individual project grant funding to the Grant Review Committee for all future CRP projects.
GOAL STATEMENT
The proposed action supports the City of Upland’s (“City”) goal to eliminate blight and promote economic development activities in Historic Downtown Upland (“Downtown”).
BACKGROUND
The City administers the U.S. Department of Treasury’s American Rescue Plan Act (“ARPA”) funds to assist small businesses located in Historic Downtown Upland (“Downtown”) make City approved façade improvements that eliminate blight, facilitate commercial revitalization, preserve and beautify historical corridors and upgrade the City’s Downtown image. In an improved Downtown environment, private investment is stimulated to locate or expand in the Downtown, whereby creating more dining, shopping and entertainment opportunities for the public. Additionally, in this improved Downtown environment, sales tax revenues are increased, local jobs created and a pleasant pedestrian-friendly experience for the community provided. The Program goals continue recovery an d resiliency efforts by the City to offset the economic downturn in the aftermath of the COVID -19 pandemic and ensuing historic inflation.
The CRP provides grants to businesses directly up to $25,000 to make City approved façade improvements to Downtown buildings. Improvements include, but are not limited to, exterior painting, stucco, new business signage, new storefront windows and doors, new exterior lighting, enhancements to storefronts and parapets, historical restoration, outdoor dining space, or a ny other exterior improvements approved by the City deemed to meet CRP goals. Façade improvements must be consistent with the Historic Downtown Upland Specific Plan and compatible with historic preservation goals, as well as, addressing the practical commercial needs of the applicant business within the reasonable costs and feasibilities of said repairs.
ISSUES AND ANALYSIS
On August 15, 2024, the CRP’s Grant Review Committee (“GRC”) comprised of the Development Services Director, Finance Manager and Economic Development Coordinator (or their respective designees) reviewed and affirmed the following businesses’ eligibility to participate in the Program and make project funding recommendations for:
Project
Name
Project
Address
CRP
Amount
Two Frogs Cantina 101 N. Second Ave. $ 25,000
Upland Vac & Sew 113 N. Second Ave. $ 25,000
The Copper Room 150 N. Second Ave. $ 25,000
2nd Ave Boutique 152 N. Second Ave. $ 25,000
The Axe Lair 164 N. Second Ave. $ 25,000
Hair Secret Salon 182 N. Second Ave. $ 25,000
Independent Order of Odd Fellows 233 N. Second Ave. $ 25,000 Viva Madrid 251 N. Second Ave $ 25,000
JD Allison’s Bar & Grill 291 N. Second Ave. $ 25,000
5-S-G Select Shoes & Apparel 136 E. 9th St. $ 25,000
Patra Dining 160 E. C St. $ 25,000
TOTAL CRP AMOUNT: $275,000
The aforementioned projects meet the following CRP eligibility requirements:
1. Business maintains an active City of Upland business license
2. Business is located within the Historical Downtown Target Project Area*
3. Business use lawfully conforms to the Historical Downtown Upland Specific Plan
4. Business will execute a five-year property maintenance covenant with the City
*Historical Downtown Target Project Area
Northern Boundary Arrow Highway
Eastern Boundary 3rd Avenue
Southern Boundary A Street
Western Boundary Euclid Avenue
Once Council confirms the eligibility recommendation of the GRC to allow the CRP applicants to participate in the Program and receive funding, applicants will be notified of funding approval and requested to submit estimates from contractors/vendors of their choosing to Staff for review and approval. Upon review and approval of the applicants’ estimates and the execution of a Program Participation Agreement between the applicant and the City, Staff will fund the projects accordingly and monitor improvement s made to ensure they coincide with CRP goals.
To streamline the application process, Staff requests that the authority to approve individual CRP grant funding be returned to the Grant Review Committee as established when the Program was first enacted. The Council approves the CRP’s budget used to finance individual projects via the City’s annual budget approval process. This action, of returning project approval to the GRC, does not preclude or restrict Staff’s ability to inform both the Council and th e public of funded CRP projects or downtown economic activities, since Staff routinely provides quarterly updates on this program via the City’s Economic Development Committee quarterly public meetings, the quarterly Chamber of Commerce meetings and monthly Historic Downtown Upland merchant group meetings. By returning the project funding authority back to the GRC the overall process is streamlined with application processing times reduced by 45 days per project (estimated). Lastly, at a $25,000 maximum façade grant limit, this figure is within the signature expenditure authority of department directors per the City’s established financial policies.
ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to 15301 (Existing Facilities) and 15331 (Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines.
FISCAL IMPACTS
The total cost for the proposed CRP projects listed above is $275,000. Existing budget is available in the American Rescue Plan Act (ARPA) Professional Services Account No. 2292203-5258-16121.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Exempt from the California Environmental Quality Act pursuant to 15301 and 15331 of the CEQA Guidelines.
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR
BOB CRITCHFIELD, ENGINEERING MANAGER
NICOLE deMOET, ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER SUBJECT: CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR PROJECT NO. 9149,
STORM WATER TRASH CAPTURE SYSTEM INSTALLATION PROJECT
RECOMMENDED ACTION:
It is recommended that the City Council accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for Project No. 9149, Storm Water Trash Capture System Installation Project.
GOAL STATEMENT
The proposed action supports the City’s goal of remaining in compliance with the Trash Provision Order set forth by the State Water Resources Control Board and the Regional MS4 Permit.
BACKGROUND
On September 11, 2023, the City Council awarded the Storm Water Trash Capture System Installation Project to Downstream Services, Inc. and authorized up to $56,000 (including contingencies) for the work. The project consisted of furnishing and installing Full Capture Systems (FCS) in existing catch basins at Monte Vista Avenue, Foothill Boulevard, Mountain Avenue, and 9th Street.
ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. The City can now accept the work, file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor Materials Bond for six (6) months and release it, thereafter, provided no liens or stop notices are filed against the project.
ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in CEQA and determined to be categorically exempt from further environmental review pursuant to Section 15301(c). The project involves repair, maintenance, and retrofit of existing public facilities, and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on June 7, 2023.
FISCAL IMPACTS
The final construction cost was $35,016, which is $20,984 less than the original authorized appropriation amount of $56,000.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Exempt from further environmental review pursuant to Section 15301(c). The City filed the Notice of Exemption with the County of San Bernardino on June 7, 2023.
Recording requested by
and when recorded mail to:
City of Upland, City Clerk’s Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder’s use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:
The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.
Assessors Parcel Numbers N/A, in and to the hereinafter described property.
The work was completed on that certain work known as Project No. 9149 Storm Water Trash Capture System Installation Project for the undersigned City of Upland, a Municipal Corporation, on the 31st day of May, 2024.
The City accepted the job on the 9th day of September, 2024.
The Contractor on said job was Downstream Service, Inc. of Escondido, California.
The improvement(s) consisted of furnishing and installing Full Capture Systems (FCS) in existing storm drain catch basins and the location of the improvements occurred on Mountain Avenue, 9th Street, Monte Vista Avenue, and Foothill Blvd. in Upland, California.
The surety was Western Surety Company.
All communications relating to the contract should bear the number above mentioned.
I hereby certify under penalty of perjury that the foregoing is true and correct.
Executed this 9th day of September, 2024 at Upland, California.
City of Upland, a Municipal Corporation
Michael Blay, City Manager
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT DALQUEST, DEVELOPMENT SERVICES
DIANE COTTO, HOUSING MANAGER
LIZZET AVALOS, HOUSING COORDINATOR
SUBJECT: CONSIDER ADOPTING A RESOLUTION APPROVING THE HUD CITIZEN
PARTICIPATION PLAN
RECOMMENDED ACTION:
It is recommended that the City Council conduct a public hearing to receive public comments and adopt a Resolution approving the City’s Citizen Participation Plan required by the U.S. Department of Housing and Urban Development (HUD) and direct staff to transmit all documents to HUD.
GOAL STATEMENT
The proposed action supports the City’s goal of ensuring an excellent quality of life by facilitating continuous, open dialogue with the City’s civic, non-profit, and faith-based organizations, the business community, residents, and local government.
BACKGROUND
The Citizen Participation Plan (CPP) is a foundational document that ensures the City engages residents and stakeholders in the planning, implementation, and evaluation of its HUD -funded programs (e.g., Community Development Block Grant (CDBG) program. The CPP is particularly important for ensuring that residents, especially those from low-and-moderate income communities, have a meaningful role in shaping the City’s housing and community development strategies.
The CPP outlines the procedures for public engagement, including public hearings, review and comment periods, as well as access to information. It is designed to promote transparency and equity, encouraging broad public participation in the development of key planning documents such as the Consolidated Plan, Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPERs), and Analysis of Impediments (AI). Below is a brief description of each required planning document.
Consolidated Plan
Establishes the City’s housing and community development needs and how program funds will be allocated over a five-year period.
Annual Action Plan
Details the specific activities to be undertaken each year to address the high priority needs identified in the 5-Year Consolidated Plan.
Consolidated Annual Performance and Evaluation Report
Provides an overview of the progress made toward achieving the goals established in the 5-Year Consolidated Plan.
Analysis of Impediments
Outlines a five-year strategy to overcome barriers to fair housing choice and foster inclusive communities, free from discrimination.
ISSUES AND ANALYSIS
The City has reviewed and updated its CPP to align with current HUD regulations and to incorporate best practices in community engagement. These updates are crucial for maintaining compliance with federal requirement s and for enhancing the City’s efforts to meaningfully engage residents and stakeholders. The revisions emphasize inclusivity,
transparency, and responsiveness, which are key to building trust and ensuring that the City’s housing and community development initiatives effectively address the needs of all residents. Key Elements of the Citizen Participation Plan:
Public Hearings
Specifies that the City will conduct at least (2) public hearings annually at different stages of the planning process.
These hearings will be scheduled at times and locations convenient for residents to encourage maximum participation.
Public Review and Comment Periods
Includes provisions for a minimum of 30-day public review and comment period on the draft Consolidated Plan, Annual Action Plans, and any substantial amendments. For the CAPER, a minimum 15-day public review and comment period is required.
Accessible Format and Languages
Clarifies how the City will encourage participation from all community members, including residents with disabilities or Limited English Proficiency (LEP), by providing materials in accessible formats and languages.
Response to Public Comments
The City is committed to considering all public comments and will provide a summary of responses to those comments in the final version of relevant documents. This ensures transparency and demonstrates how public input influences City decisions.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, adopting the Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15 060(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 CEQA Guidelines, because the proposed Citizen Participation Plan has no potential for resulting in a physical change to the environment, directly or indirectly. In terms of the National Environmental Policy Act (NEPA), the Citizen Participant Plan is deemed to be exempt from environmental review according to 24.CFR. Part 58.34 as the updates to the Plan are administrative in nature.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Exempt pursuant to Sections 15060(c)(2) and 15060(c)(3).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING THE CITY’S CITIZEN
PARTICIPATION PLAN IN CONNECTION WITH HUD
COMMUNITY PLANNING AND DEVELOPMENT GRANT
PROGRAMS
WHEREAS, the City of Upland is an entitlement jurisdiction in the U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and
WHEREAS, as an entitlement jurisdiction, Upland is required to comply with all regulations associated with the CDBG Program; and
WHEREAS, the U.S. Department of Housing and Urban Development requires under 24 CFR 91.105, that all entitlement jurisdictions receiving federal funds, such as CDBG funds, afford its citizens the opportunity to participate in the development of the Consolidated Plan documents, including the Consolidated Plan, Annual Action Plans, Consolidated Annual Performance and Evaluation Reports, and Analysis of Impediments or Assessment of Fair Housing; and
WHEREAS, the City of Upland has prepared and adopted a Citizen Participation Plan in accordance with the requirements of 24 CFR 91.105, which will serve as a federally required planning document that guides citizen participation requirements in conjunction with the CDBG Program and any other federal funding received; and
WHEREAS, this City is seeking City Council authorization to update the Citizen Participation Plan to align with current HUD regulations and incorporate best practices in community engagement; and
WHEREAS, this action is a substantial action that requires a 30-day public comment period and a public hearing before City Council; and
WHEREAS, a public notice was posted on the City’s website from August 12 to September 10, 2024, requesting public comments to the Amendment to the Citizen Participation Plan; and
WHEREAS, a public notice also appeared in the Inland Valley Daily Bulletin on August 12, 2024, announcing the availability of the Amendment to the Citizen Participation Plan; and
WHEREAS, pursuant to Title 14, California Code of Regulations, Chapter 3, Article 18, Section 15262 – Feasibility and Planning Studies, the City Council may determine in its independent judgment that the Citizen Participation Plan is exempted from the requirements of the California Environmental Quality Act of 1970, as amended.
NOW, THEREFORE, the City Council of the Upland hereby finds, determines, and resolves as follows:
Resolution No.
Section 1. The facts set forth above in this Resolution are true and correct.
Section 2. The Citizen Participation Plan is exempted from the requirements of the California Environmental Quality Act, as amended.
Section 3. The Upland City Council does hereby approve the updated City of Upland Citizen Participation Plan.
Section 4. The City Council authorizes the City Manager, or his designee is authorized to execute all necessary and related documents to effectuate the implementation of the Citizen Participation Plan.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivision, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 7. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 9th day of September 2024.
_____ _________________________
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 9th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
City of Upland
Citizen Participation Plan
U.S. Department of Housing and Urban Development (HUD)
Community Planning and Development Grant Programs
Adopted September 2024
City of Upland
Citizen Participation Plan | Adopted September 9, 2024
Table of Contents
A. ENCOURAGEMENT OF CITIZEN PARTICIPATION .................................................................................................................. 4 B. CITIZEN PARTICIPATION PLAN ........................................................................................................................................ 5
1. Plan Development ............................................................................................................................................. 5
2. Amendments ..................................................................................................................................................... 6 C. FIVE-YEAR CONSOLIDATED PLAN .................................................................................................................................... 6
1. Plan Development ............................................................................................................................................. 7
2. Consolidated Plan Amendment.......................................................................................................................... 9 D. ANNUAL ACTION PLAN ................................................................................................................................................ 9
1. Plan Development ........................................................................................................................................... 10
2. Annual Action Plan Amendment ...................................................................................................................... 10 E. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) ...................................................................... 12 F. ANALYSIS OF IMPEDIMENTS OR ASSESSMENT OF FAIR HOUSING (AI OR AFH)........................................................................ 12
1. Plan Development ........................................................................................................................................... 13
2. AI or AFH Amendment ..................................................................................................................................... 14 G. PUBLIC HEARINGS, NOTIFICATION AND ACCESS ............................................................................................................... 15
1. Public Meetings and Hearings ......................................................................................................................... 15
2. Documents for Public Review........................................................................................................................... 16
3. Access to Meetings .......................................................................................................................................... 17
4. Access to Consolidated Plan Documents and Records ..................................................................................... 17 H. TECHNICAL ASSISTANCE .............................................................................................................................................. 18 I. COMMENTS AND COMPLAINTS .................................................................................................................................... 19
1. Comments ....................................................................................................................................................... 19
2. Complaints ...................................................................................................................................................... 19 J. LANGUAGE ACCESS ................................................................................................................................................... 20 K. APPEALS ................................................................................................................................................................. 20 L. EXCEPTIONS AND WAIVERS ................................................................................................................................. 21 M. ANTI-DISPLACEMENT AND RELOCATION .................................................................................................................... 21
1. Background ..................................................................................................................................................... 21
2. What is Displacement?.................................................................................................................................... 22
3. What is a Displaced Person? ............................................................................................................................ 22
4. Persons Not Eligible for Assistance .................................................................................................................. 22
5. Minimizing Displacement ................................................................................................................................ 23
6. Anti-Displacement Policy ................................................................................................................................ 23
7. Displacement Assistance ................................................................................................................................. 24
8. One-For-One Replacement Dwelling Units ....................................................................................................... 25
9. Decent, Safe and Sanitary Dwelling ................................................................................................................. 25 N. REAL PROPERTY POLICIES ........................................................................................................................................... 26
1. Use of Real Property ........................................................................................................................................ 26
2. Real Property Acquisition ................................................................................................................................. 27
3. What is Real Property Acquisition? .................................................................................................................. 27
4. Eligible Activities ............................................................................................................................................. 27
5. Environmental Review Process (24 CFR Part 58) .............................................................................................. 27
City of Upland
Citizen Participation Plan | September 2024 3
Citizen Participation Plan City of Upland, California
As required by the U.S. Department of Housing and Urban Development (HUD) regulations found at 24 CFR 91.105, this Citizen Participation Plan sets forth the City of Upland’s policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning, implementation, and evaluation of the Community Development Block Grant (CDBG) program. The purpose of the CDBG program is the provision of decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income residents earning less than 80 percent of the Area Median Income, or in predominantly low- and moderate-income neighborhoods where at least 51 percent of the households are low and moderate-income households.
As a recipient of CDBG funds, the City is required to produce the following Consolidated Plan Documents:
1. Citizen Participation Plan – the City’s policies and procedures for community participation in the planning, implementation, and evaluation of the CDBG program.
2. Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing (AI or AFH) – a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination.
3. Consolidated Plan – a five-year plan that documents the City of Upland’s housing and community development needs, outlines strategies to address those needs and identifies proposed program accomplishments.
4. Annual Action Plan – an annual plan that describes specific CDBG projects and activities that will be undertaken over the course of the program year, which runs from July 1 to June 30.
5. Consolidated Annual Performance and Evaluation Report (CAPER) – an annual report that evaluates the City’s accomplishments and use of CDBG funds.
The HUD requirements for citizen participation do not restrict the responsibility or authority of the City of Upland for the development and execution of the Consolidated Plan Documents, but rather facilitate citizen access to, and engagement with the CDBG program.
In accordance with the regulations, the minimum annual number of public hearings at which citizens may express their views concerning the Consolidated Plan Documents shall be two (2) public hearings. These public hearings shall occur at two different points during the program year, as directed by Upland city staff. Additional public hearings and comment periods will be held in the development of the AFH or AI, and the Consolidated Plan, and in the event of substantial amendments to the Citizen Participation Plan, Consolidated Plan, AFH or AI, or Action Plan become
City of Upland
Citizen Participation Plan | September 2024 4
necessary as described later in this document. The City, at its discretion, may conduct additional outreach, public meetings or public hearings as necessary to foster citizen access and engagement.
A. Encouragement of Citizen Participation
The City of Upland provides for and encourages citizens to participate in the development of the Citizen Participation Plan, Consolidated Plan, AFH or AI, Action Plan, and CAPER. The City encourages participation by low- and moderate-income persons, particularly those living in slum and blighted areas (if any such areas are formally designated) and in areas where CDBG funds are proposed to be used, and by residents of predominantly low- and moderate-income neighborhoods1. The City will also take appropriate actions to encourage the participation of all its citizens, including minorities and non-English speaking persons, as well as persons with disabilities.
The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community-based and faith-based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the amendment of the Citizen Participation Plan or the development of the AI or AFH, Consolidated Plan, Annual Action Plans through mailings (including electronic mailings), online postings and public notices in the newspaper.
The City may also explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance as directed by the Development Services Director. All communication, public comments, and complaints concerning the Citizen Participation Plan, and the Consolidated Plan Documents should be directed to:
Housing Manager
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4146
1 Predominately low- and moderate-income neighborhoods are defined as those in which 51% of the residents have incomes at or below 80% of area median income, as determined with HUD-supplied data.
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Citizen Participation Plan | September 2024 5
B. Citizen Participation Plan
The following describes the process and procedures related to the development of the Citizen Participation Plan.
1. Plan Development
The City’s Citizen Participation Plan development procedures are outlined below. a. Plan Considerations
As a part of the Citizen Participation Plan process, and prior to the adoption of the Consolidated Plan, the City will make available the information required by HUD. This information will be made available to citizens, public agencies, and other interested parties.
b. Plan Review and Comment
The draft Citizen Participation Plan shall be made available for public review for a 30-day period. The Citizen Participation Plan shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. The Citizen Participation Plan will encourage comment and participation by minority and non-English speakers. Publication of the plan will be advertised in accordance with the City’s Language Access Plan (LAP) and translation services will be available upon request.
Written comments will be accepted by the Development Services Department Housing Manager or designee during the public review period. A summary of all written comments and those received during the public hearing as well as the City’s responses will be attached to the Citizen Participation Plan prior to submission to HUD.
c. Public Hearing
The City Council shall conduct a public hearing to accept oral public comments on the draft Citizen Participation Plan. The City Council may approve or reject the Citizen Participation Plan.
d. Submittal to HUD
The Citizen Participation Plan shall be approved as a stand-alone document.
The City shall submit to HUD: the approved document, a summary of all written comments and those received during the public hearing as well as the City’s responses, and proof of compliance with the minimum 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD.
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Citizen Participation Plan | September 2024 6
2. Amendments
The City shall amend the Citizen Participation Plan using the following procedures, as needed:
a. Amendment Considerations
The City shall amend the Citizen Participation Plan, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to the programs and documents governed by 24 CFR Part 91. Formal amendment of the Citizen Participation Plan may be required should a provision of the Citizen Participation Plan be found by the City to conflict with HUD regulations.
b. Public Review and Comment
Amendments to the Citizen Participation Plan shall be made available for public review for a 30-day period. A public hearing shall be conducted by the City Council at a regularly scheduled meeting so that citizens may express their views. Written comments will be accepted by the Development Services Department Housing Manager or designee during the public review period. A summary of all written comments and those received during the public hearing as well as the City’s responses will be attached to the amended Citizen Participation Plan prior to submission to HUD.
Minor edits to the Citizen Participation Plan, such as updating contact information or technical details about schedules and publications, will not constitute a “Substantial Amendment”, and therefore, will not be released for public review and comment. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to review and accept public comments on the draft amendment to the Citizen Participation Plan. d. Submittal to HUD
A copy of the Amended Citizen Participation Plan, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30-day public review and comment period requirement shall be submitted to HUD for their records. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.
C. Five-Year Consolidated Plan
The following paragraphs describe the policies and procedures for the development of the Five-Year Consolidated Plan. To comply with 24 CFR Part 91.105(b), the information supplied in the draft Consolidated Plan for public review will include:
Amount of assistance the City expects to receive (grant funds and program
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Citizen Participation Plan | September 2024 7
income)
Range of activities that may be undertaken
Estimated amount of funding that will benefit low- and moderate-income persons
The City shall also provide an assessment of community development and housing needs and identify short term and long-term community development objectives directed toward the provision of decent housing and the expansion of economic opportunities primarily for persons of low- and moderate-income.
Additionally, the City must attest to its compliance with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, as effectuated by the City’s adopted Residential Anti-Displacement and Relocation Assistance Plan, as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended. Persons displaced as a result of HUD-assisted activities, whether implemented by the City or by others, shall receive relocation benefits as required under Federal Law.
The City will make this information available in the Consolidated Plan published for comment and review.
1. Plan Development
The City encourages the participation of residents and stakeholders in the development of the Consolidated Plan. The City shall follow the following procedure to prepare and adopt the Consolidated Plan:
a. Plan Considerations
The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community-based and faith-based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the development of the Consolidated Plan through mailings (including electronic mailings), online postings and public notices in the newspaper.
A variety of mechanisms may be utilized to solicit input from these persons/service providers/agencies. These include telephone or personal interviews, focus groups, surveys, consultation and community workshops.
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Citizen Participation Plan | September 2024 8
b. Plan Review and Comment
The substantially complete, draft Consolidated Plan shall be made available for public review for a 30-day period. The Consolidated Plan shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound.
The plan will encourage comment and participation by minority and non- English speakers. Publication of the plan will be advertised in accordance with the LAP and translation services will be available upon request.
The plan will encourage comment and participation by low- and moderate- income residents, especially those living in low- and moderate-income neighborhoods, in areas where CDBG funds are proposed to be used and residents of public and assisted housing. Activities to encourage participation may include, but are not limited to, advertising publication of the Consolidated Plan in target areas, hosting community meetings in target areas, and making copies of the plan available in these neighborhoods. Copies will be made available following the process described in Section G of this document.
Written comments will be accepted by the Development Services Department Housing Manager or designee during the public review period. A summary of all written comments and those received during the public hearing as well as the City’s responses will be attached to the Consolidated Plan prior to submission to HUD.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft Consolidated Plan. Section G describes the process for publishing notice of and conducting public hearings.
d. Submittal to HUD
The Consolidated Plan shall be submitted to HUD with a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable. The Consolidated Plan will be submitted to HUD 45 days before the program year pursuant to regulations, unless otherwise directed by HUD.
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Citizen Participation Plan | September 2024 9
2. Consolidated Plan Amendment
The City shall follow the following procedure to complete substantial and minor amendments to the Consolidated Plan, as needed:
a. Amendment Considerations
The City shall substantially amend the Consolidated Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Consolidated Plan, a “substantial change” is defined as: addition or removal of Consolidated Plan - Strategic Plan goals.
The City may make minor changes to the Consolidated Plan, as needed, so long as the changes do not constitute a substantial amendment as described above. Changes to numeric accomplishment goals within an existing strategic plan goal shall not constitute a substantial amendment. Such changes to the Consolidated Plan will not require public review or a public hearing. b. Public Review and Comment
The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the Consolidated Plan shall be made available for public review for a 30-day period.
Written comments will be accepted by the Development Services Department Housing Manager or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and moderate-income residents, minorities, groups identified in the LAP, and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft amendment to the Consolidated Plan. Section G describes the process for publishing notice of and conducting public hearings. d. Submittal to HUD
A copy of the Amended Consolidated Plan, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30-day public review and comment period requirement shall be submitted to HUD for their records.
A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.
D. Annual Action Plan
The following describes the process and procedures related to the development of
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the Annual Action Plan.
1. Plan Development
a. Plan Review and Comment
The draft Annual Action Plan incorporating the City's proposed uses of CDBG funds shall be made available for public review for a 30-day period. The City will encourage participation from all residents, especially low- and moderate- income residents, minorities, groups identified in the LAP, speakers and those with disabilities. The City will make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
Written comments will be accepted during public review period by the Housing Manager, or designee, in the Development Services Department. A summary of the comments and the City’s responses to the comments will be attached to the draft Action Plan.
b. Public Hearing
The City Council shall conduct two (2) public hearings during the program year:
At least one public hearing will be held before the Upland City Council Advisory Committee to accept public comments and hear applicant presentations to determine the funding priorities for the upcoming year and make a recommendation for funding to the City Council; and The second public hearing will be held before the Upland City Council to accept public comments on the draft Annual Action Plan. The City Council shall approve or reject the Action Plan and authorize its submission to HUD. Section G describes the process for publishing notice of and conducting public hearings.
c. Submittal to HUD
Upon adoption of the Annual Action Plan pursuant to HUD regulations, the City Council shall direct City staff to submit the Action Plan to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the Action Plan. The Action Plan will be submitted to HUD at least 45 days before the program year pursuant to regulations, or as otherwise allowed or required by HUD.
2. Annual Action Plan Amendment
The City shall follow the following procedure to complete substantial and minor amendments to the Annual Action Plan, as needed:
a. Amendment Considerations
The City shall substantially amend the Action Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Action Plan, a “substantial change” is defined as:
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Addition of a new activity not previously identified in the Action Plan, without regard to funding source;
Cancelation of an existing activity identified in the Action Plan, without regard to funding source;
A change in the purpose, scope, location or beneficiaries or an activity; or,
Changes in the use of CDBG funds from one eligible activity to another eligible activity meeting the following thresholds:
Activity Budget
Threshold*
Net Increase
or Decrease
Trigger for
Substantial
Amendment
Minor
Amendment
≥ $300,000 Net Increase
Net Decrease
= 100% of
the activity
allocation
Any amount
<$300,000 and
the thresholds
listed above.
* As listed in a published Action Plan, or as amended
The City may make minor changes to the Action Plan, as needed, so long as the changes do not constitute a substantial amendment as described above.
Such minor changes to the Action Plan will not require public review or a public hearing before the City Council.
b. Public Review and Comment
The City encourages citizen participation in the development of substantial amendments. Substantial Amendments to the Annual Action Plan shall be made available for public review for a 30-day period. Written comments will be accepted during public review period. Comments should be directed to the Development Services Department, Housing Manager or designee. A summary of the comments and the City’s responses to the comments will be attached to the Action Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and moderate-income residents, minorities, groups identified in the LAP, and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to review and consider the Substantial Amendment to the Action Plan. The City Council shall accept public comments on the Substantial Amendment to the Action Plan at the public hearing. After public comments are heard and considered by the City Council, the City Council shall approve, approve with modifications, or deny the request for a substantial amendment to the Action Plan. Section G describes the process for publishing notice for and conducting public hearings.
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d. Submittal to HUD
A copy of the Substantial Amendment to the Annual Action Plan along with copies documenting the public participation process (i.e. public notices and public comments) shall be submitted to HUD for their records.
E. Consolidated Annual Performance and Evaluation Report (CAPER) The following describes the process and procedures related to the development of the Consolidated Annual Performance and Evaluation Report (CAPER):
The City shall follow the following procedure in the drafting and adoption of Consolidated Annual Performance and Evaluation Report (CAPER):
a. Plan Considerations
Staff will evaluate and report the accomplishments of the previous program year for CDBG, and will summarize expenditures that took place during the previous program year.
b. Plan Review and Comment
The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15-day period. Written comments will be accepted during public review period by the Development Services Department Housing Manager or designee. A summary of any written comments received, or oral comments provided during the public hearing and the City’s responses to the comments will be attached to the draft CAPER. Copies will be made available following the process described in Section G of this document.
c. Submittal to HUD
Upon completion of the public review period, City staff shall submit the CAPER to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the CAPER. The CAPER shall be submitted to HUD within 90 days following the end of the program year pursuant to regulations.
F. Analysis of Impediments or Assessment of Fair Housing (AI or AFH) The Analysis of Impediments to Fair Housing Choice (AI) or Assessment of Fair Housing (AFH) is a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination. As of April 2019, HUD has suspended the AFH planning framework. HUD currently requires the submission of an AI for grantees submitting Consolidated Plans for FY2019. The following describes
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the process and procedures related to the development of the AI or AFH.
1. Plan Development
The City shall follow the following procedure in the drafting and adoption of the AI or AFH:
a. Plan Considerations
As soon as feasible after the start of the public participation process for the AI or AFH, the City will make the HUD-provided data and any other supplemental information available to residents, public agencies and other interested parties by posting the data on the City’s website and referencing this information in public notices.
The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community-based and faith-based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the development of the AI or AFH through mailings (including electronic mailings), online postings and public notices in the newspaper, as well as telephone or personal interviews, mail surveys, and consultation workshops.
b. Plan Review and Comment
The draft AI or AFH shall be made available for public review for a 30-day period. Written comments will be accepted during public review period by the Housing Manager or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft AI or AFH. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft AI or AFH. The City Council, the City Council shall approve or reject the AI or AFH. Section G describes the process for publishing notice of and conducting public hearings.
d. Submittal to HUD
Upon adoption of an AI, the City shall retain the AI in its records and annually report on the status and disposition of the Fair Housing Plan recommendations.
Upon adoption of an AFH, the City shall submit the AFH to HUD for review and
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acceptance or rejection. The goals of the AFH shall be incorporated into the Consolidated Plan prior to submission of the Consolidated Plan to HUD.
2. AI or AFH Amendment
The City shall follow the following procedure to complete substantial amendments to AI or AFH, as needed.
a. Amendment Considerations
The City shall substantially amend the AI if a “substantial change” is proposed by City staff or the City Council. For the purpose of the AI, a “substantial change” is defined as the addition or deletion of Fair Housing Plan recommendations.
The City shall substantially amend the AFH if a “substantial change” is proposed by City staff or the City Council or as otherwise required by HUD. An AFH that was previously accepted by HUD must be revised and submitted to HUD for review if a material change occurs. A material change is a change in circumstances in the jurisdiction of a program participant that affects the information on which the AFH is based to the extent that the analysis, the fair housing contributing factors, or the priorities and goals of the AFH no longer reflect actual circumstances. Examples include Presidentially declared disasters, under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), in the program participant's area that are of such a nature as to significantly impact the steps a program participant may need to take to affirmatively further fair housing; significant demographic changes; new significant contributing factors in the participant's jurisdiction; and civil rights findings, determinations, settlements (including Voluntary Compliance Agreements), or court orders; or, upon HUD's written notification specifying a material change that requires the revision. A revision to the AFH consists of preparing and submitting amended analyses, assessments, priorities, and goals that take into account the material change, including any new fair housing issues and contributing factors that may arise as a result of the material change.
b. Public Review and Comment
The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the AI or AFH shall be made available for public review for a 30-day period. Written comments will be accepted by the Development Services Department Housing Manager or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and moderate-income residents, minorities, groups identified in the LEP Plan, and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
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c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft amendment to the AI or AFH. The City Council may approve or reject the amendment to the AI or AFH. A revised AFH must be submitted within 12 months of the onset of a material change that triggers a “Substantial Amendment,” or at such later date as HUD may specify. Section G describes the process for publishing notice of and conducting public hearings.
G. Public Hearings, Notification and Access
The following policies and procedures outlining the public hearing process and public hearing notification apply to the development and substantial amendment of the Consolidated Plan, Citizen Participation Plan, Annual Action Plan, CAPER, and AI or AFH.
1. Public Meetings and Hearings
a. Public Hearing Process
The City will conduct at least two (2) public hearings per year to obtain citizens’ views and comments on planning documents during the public review and comment period. These meetings will be conducted at different times of the program year and together will cover the following topics:
Housing and Community Development Needs
Development of Proposed Activities
Review of Program Performance
During a program year when the City develops an AI or AFH and Consolidated Plan, at least one public hearing will be conducted prior to the draft AI or AFH and Consolidated Plan being published for comment.
b. Public Hearing Notification
Staff will ensure adequate advance notice of all public meetings and hearings.
Notices will be printed/posted at least 14 calendar days prior to the meeting date.
Adequate noticing will include:
Printing a public notice in the Daily Bulletin, and possibly other newspaper(s) of general circulation in the City;
Display copies of notices on the City’s website; and Posting notices at City Hall and at the Upland Public Library. Notices will include information on the subject and topic of the meeting including summaries when possible and appropriate to properly inform the public of the meeting. Notices will be published in accordance with the City’s approved LAP and will be accessible to those with disabilities. Meeting locations and access is described below.
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2. Documents for Public Review
Staff will ensure adequate advance notice of all public review/comment periods.
Notices will be printed/posted prior to the commencement of the public review period alerting residents of the documents for review and providing a summary of the contents of the documents to include information on the content and purpose of the document and the list of locations where copies of the entire draft document(s) may be reviewed. The public comment period for each Consolidated Plan document and substantial amendment to each document subject to public review is listed below:
Document Length of Public
Comment Period
Consolidated Plan 30 days
Action Plan 30 days
CAPER 15 days
AI or AFH 30 days
Citizen Participation Plan 30 days
The City will ensure that documents are available for disabled, minority and in compliance with the approved LAP.
Adequate noticing will include:
Printing a public notice in one or more newspaper of general circulation in the City;
Display copies of notices on the City’s website; and
Posting notices at City Hall and at the Upland Public Library.
The City will place an adequate supply of draft copies of each document and substantial amendments to each document subject to public review at the following locations:
City Hall: City Clerk’s Office
460 North Euclid Avenue
Upland, California 91786
George M. Gibson Senior Center
250 North Third Ave
Upland, CA 91786
Upland Public Library
450 North Euclid Avenue
Upland, California 91786
Materials will also be posted to the City website at:
http://www.uplandpl.lib.ca.us/
All printed reports and materials shall be made available in a form accessible to persons with disabilities, upon request.
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3. Access to Meetings
Unless otherwise noted, Public Hearings requiring City Council action will be conducted in front of the Upland City Council at 7:00 P.P. at the Upland City Hall Council Chambers (460 North Euclid Avenue, Upland, California 91786). For public hearings not requiring City Council participation, the City will make every reasonable effort to conduct such hearings in the low- and moderate-income target areas and at times accessible and convenient to potential and actual beneficiaries.
Efforts to ensure this may include, but are not limited to, scheduling meetings in target neighborhoods, scheduling meetings during the evening and weekend and requesting feedback from neighborhood groups and stakeholders for guidance in effective meeting scheduling. Such a hearing will be posted and advertised to allow sufficient notice to all interested persons.
In accordance with the City’s LAP Spanish translation is available at all public hearings if the Development Services Department Housing Manager receives such a request at least 48 hours prior to the public hearing.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA) in all respects. If an attendee or participant at a public hearing needs special assistance beyond what is normally provided, the City will attempt to accommodate these people in every reasonable manner. Efforts may include, but are not limited to, accessible seating, video recording for those homebound, sign language services and production of written transcripts. The City’s Development Services Department, Housing Manager must be notified at least 48 hours prior to the public hearing. The Development Services Department Housing Manager may be reached at:
Housing Manager
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4146
4. Access to Consolidated Plan Documents and Records
All approved Consolidated Plan Documents, and any approved amendments thereto, will be kept on file by the City at the City Hall Development Services Department (460 North Euclid Avenue, Upland, California 91786), online at:
http://www.uplandpl.lib.ca.us/ and can be made available to those requesting the plan. The Consolidated Plan Documents shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. Upon request, the Consolidated Plan Documents or summaries of those documents will be made available in a manner accessible to groups in accordance with the City’s approved LAP, or those with disabilities.
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The City will make links to HUD provided data and any other additional data incorporated into the Consolidate Plan or AI/ AFH available to the public as soon as feasible during the public participation process.
The City will ensure timely and reasonable access to information and records related to the development of the Consolidated Plan Documents, and the use of HUD CPD funds from the preceding five years. Information to be made available will include budget and program performance information, meeting minutes, and comments received by the City during the development of the Consolidated Plan and its supporting documents.
Requests for information and records must be made to the City in writing. Staff will respond to such requests within 15 working days or as soon as possible thereafter.
H. Technical Assistance
Upon request, staff will provide technical assistance to groups representing extremely low-, low-, and moderate-income persons to develop funding requests for HUD CPD eligible activities. Technical assistance will be provided as follows:
Establish an annual project proposal submission and review cycle (Notice of Funds Availability, or “NOFA”) that provides information, instructions, forms and advice to interested extremely low-, low- and moderate-income citizens or representative groups so that they can have reasonable access to the funding consideration process.
Provide self-explanatory project proposal forms and instructions to all persons who request them whether by telephone or by letter. The City's funding application form is designed to be easily understood and short, while still addressing all key items necessary to assess the proposed project.
Statistics concerning specific areas of the City are furnished by City staff upon request.
Answer, in writing, all written questions and answer verbally all verbal inquiries received from citizens or representative groups regarding how to write or submit eligible project proposals.
Meet with groups or individuals as requested, to assist in identifying specific needs and to assist in preparing project proposal applications. Obtain information in the form of completed project proposal forms from citizens or non-profit agencies and assemble a list of proposals available for public review.
Conduct a project eligibility analysis to determine, at an early stage, the eligibility of each project. In cases where only minor adjustments are needed to make proposals eligible or otherwise practical, City staff will advise the applicants on the options available and desired changes to the proposals. Provide bilingual translation on as needed basis.
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To request technical assistance, please contact the Development Services Department Housing Manager at:
Housing Manager
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4146
I. Comments and Complaints
1. Comments
Citizens or the City government, as well as agencies providing services to the community, are encouraged to state or submit their comments in the development of the Consolidated Plan Documents and any amendments to the Consolidated Plan. Written and verbal comments received at public hearings or during the comment period, will be considered and summarized, and included as an attachment to the City's final Consolidated Plan. Written comments should be addressed to:
Housing Manager
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4146
A written response will be made to all written comments within ten working days, acknowledging the letter and identifying a plan of action, if necessary. Every effort will be made to send a complete response within 15 working days to those who submit written proposals or comments.
Copies of the complete final Consolidated Plan and amendments to it will be available to residents at the City Hall Development Services Department, 460 N.
Euclid Avenue Upland, California 91786.
2. Complaints
A complaint regarding the Consolidated Planning process and Consolidated Plan amendments must be submitted in writing to the Development Services Department, Housing Manager. A written response will be made to written complaints within 15 working days, acknowledging the letter and identifying a plan of action, if necessary.
The City will accept written complaints provided they specify:
The description of the objection, and supporting facts and data; and Provide name, address, telephone number, and a date of complaint.
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J. Language Access
The City of Upland’s Language Access Plan (LAP) determines how the city will meet federal requirements to make reasonable efforts to provide language assistance to ensure meaningful access for Limited English Proficiency (LEP) persons to the City’s programs and activities. Meaningful access is understood as language assistance that results in accurate, timely, and effective communication and is available at not cost to the LEP individual. To determine city residents’ language needs the city conducts a “Four Factor Analysis” in accordance with the U.S. Department of Justice LEP Guidance evaluating: 1) the number of persons in the population to be served, 2) the frequency with which LEP persons come into contact with the program activity or service, 3) the importance of the service, information, program, and/ or activity, and 4) the resources, financial and human, available to the City. The analysis was conducted in the context of “safe harbor” thresholds provided by HUD. Based on the results of the analysis translation of notices and other vital documents will be determined.
When a significant number of people speak and read a primary language other than English, translation services at public hearings will be provided in such language if translation services are requested in advance at least 48 hours prior to the public meeting. Requests should be addressed to the Development Services Department Housing Manager. The Development Services Department Housing Manager may be reached at:
Housing Manager
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4146
K. Appeals
Appeals concerning the Consolidated Plan, statements, or recommendations of the staff should be made to the following persons in the order presented:
Housing Manager
Development Services Director
City Manager
City Council
Los Angeles Area Office of HUD (if concerns are not answered)
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L. EXCEPTIONS AND WAIVERS
During periods of national, regional, or local emergency, the City will utilize expedited procedures and waivers to reduce the time periods for the provision of reasonable notice and comment periods outlined above. In such cases, the City shall provide citizens with 5-day notice, or less per HUD direction, of public hearing or meetings of the City Council and shall provide a 5-day opportunity, or less per HUD direction, for public comment.
Further, in person public hearing will not be required when social distancing and limitation of public gatherings are recommended. Al virtual hearings utilized by the City will provide reasonable notice and real-time access for citizens for questions, comments, and responses.
M. Anti-Displacement and Relocation
The City’s Anti-displacement and Relocation Plan describes how Upland will assist persons who must be temporarily relocated or permanently displaced due to the use of HUD CPD funds. This plan takes effect whenever the City funds projects that involve the following:
Property acquisition;
Potential displacement of people from their homes and the need to relocate people (either permanently or temporarily); and
The demolition or conversion of low- and moderate-income dwelling units.
1. Background
Two acts apply whenever any of the above issues are present: The Uniform Relocation Assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. Each of these acts places different obligations on the City.
The URA governs the processes and procedures which the City and the Finance Department must follow to minimize the burden placed on low- and moderate- income tenants, property owners, and business owners who must move (either temporarily or permanently) as the result of a project funded in whole or in part by the CDBG program. The URA applies to:
Displacement that results from acquisition, demolition, or rehabilitation for HUD-assisted projects carried out by public agencies, nonprofit organizations, private developers, or others; Real property acquisition for HUD-assisted projects (whether publicly or privately undertaken);
Creation of a permanent easement or right of way for HUD-assisted projects (whether publicly or privately undertaken); and Work on private property during the construction of a HUD-assisted project even if the activity is temporary.
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2. What is Displacement?
Displacement occurs when a person moves as a direct result of federally assisted acquisition, demolition, conversion, or rehabilitation activities, because he or she is:
Required to move; or
Not offered a decent, safe, sanitary and affordable unit in the project; or
Treated “unreasonably” as part of a permanent or temporary move.
A person may also be considered displaced if the necessary notices are not given or provided in a timely manner and the person moves for any reason.
3. What is a Displaced Person?
The term displaced person means any person that moves from real property or moves his or her personal property from real property permanently as a direct result of one or more of the following activities:
Acquisition of, written notice of intent to acquire, or initiation of negotiations to acquire such real property, in whole or in part, for a project;
Rehabilitation or demolition of such real property for a project; and Rehabilitation, demolition, or acquisition (or written notice of intent) of all or a part of other real property on which the person conducts a business or farm operation, for a project.
Upland offers advisory and financial assistance to eligible tenants (or homeowners) who meet the above definition.
4. Persons Not Eligible for Assistance
A person is not eligible for relocation assistance under the provisions of the URA if any of the following occurs:
The person was evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local law, or other good cause. However, if the person was evicted only to avoid the application of URA, then that person is considered displaced and is eligible for assistance; The person has no legal right to occupy the property under State or local law;
The City determines that the person occupied the property to obtain relocation assistance, and the HUD Field Office concurs in that determination;
The person is a tenant-occupant that moved into the property after a certain date, specified in the applicable program regulation, and, before leasing and occupying the property, Upland or its subgrantee
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provided the tenant-occupant written notice of the application for assistance, the project's impact on the person, and the fact that he or she would not qualify as a “displaced person” because of the project;
The person is a tenant-occupant of a substandard dwelling that is acquired or a tenant-occupant of a dwelling unit to which emergency repairs are undertaken and the HUD field office concurs that:
o Such repairs or acquisition will benefit the tenant;
o Bringing the unit up to a safe, decent, and sanitary condition is not feasible;
o The tenant’s new rent and average estimated monthly utility costs will not exceed the greater of the old rent/utility costs or 30 percent of gross household income; and
o The project will not impose any unreasonable change in the character or use of the property.
The person is an owner-occupant of the property who moves because of an arm’s length acquisition;
Upland or its subgrantee notifies the person that they will not displace him or her for the project; and
The person retains the right of use and occupancy of the real property for life following the acquisition.
Upland determines that the person is not displaced as a direct result of the acquisition, rehabilitation, or demolition for the project and the HUD field office concurs in the determination.
5. Minimizing Displacement
Upland will take reasonable steps to minimize displacement occurring as a result of its CDBG activities. This means that the Development Services Department will:
Consider if displacement will occur as part of funding decisions and project feasibility determinations;
Assure, whenever possible that occupants of buildings to be rehabilitated are offered an opportunity to return;
Plan substantial rehabilitation projects in “stages” to minimize displacement; and
Meet all HUD notification requirements so that affected persons do not move because they have not been informed about project plans and their rights.
6. Anti-Displacement Policy
The City seeks to minimize, to the greatest extent feasible, the displacement, whether permanently or temporarily, of persons (families, individuals,
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businesses, nonprofit organizations, or farms) from projects funded with CDBG involving single- or multi-family rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or capital improvement activities.
Projects that Upland deems beneficial but that may cause displacement may be recommended and approved for funding only if Upland or its subgrantee demonstrates that such displacement is necessary and vital to the project and that they take efforts to reduce the number of persons displaced. Further, they must clearly demonstrate that the goals and anticipated accomplishments of a project outweigh the adverse effects of displacement imposed on persons who must relocate.
7. Displacement Assistance
Consistent with the goals and objectives of the CDBG program, Upland will take all reasonable steps necessary to minimize displacement of persons, even temporarily. If displacement occurs, the City will provide relocation assistance to all persons directly, involuntarily, and permanently displaced according to HUD regulations.
If Upland temporarily displaces a low- or moderate-income household, that household becomes eligible for certain relocation payments. The assistance applies to those persons residing in the residence at the time the application is processed and is based on the following procedures:
If the structure and its occupants are determined eligible for temporary relocation assistance, the owner-occupants and tenants are eligible for the actual reasonable cost (based on fair market rent) of temporary lodging facilities until the structure is determined habitable by Upland’s housing inspector;
Upland must approve housing, and the Lessor and Lessee must sign a rent agreement before move-in. Housing must be comparable functionally to the displacement dwelling and decent, safe, and sanitary. This does not mean that the housing must be in comparable size. The term “functionally equivalent” means that it performs the same function, has the same principal features present, and can contribute to a comparable style of living. Approved lodging accommodations include apartments and houses. Upland does not reimburse “rental expenses” for living with a friend or family member;
Either Upland will provide the owner-occupants and tenants a direct payment for moving expenses (to and from temporary housing) and storage costs, or Upland will arrange moving and storage of furniture with a moving company. If Upland makes a direct payment, complete documentation and receipts are necessary to process claims when storage costs exceed the amount assumed by the direct payment; Damage deposits, utility hookups, telephone hookups and insurance
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costs are not eligible for reimbursement; and
The City may pay the cost of relocation assistance from Federal funds or funds available from other sources.
8. One-For-One Replacement Dwelling Units
Upland will generally avoid awarding funds for activities resulting in displacement. However, should Upland fund an activity, specific documentation is required to show the replacement of all occupied and vacant dwelling units demolished or converted to another use. Upland will assure that relocation assistance is provided as described in 24 CFR 570.606(b)(2).
Before obligating or expending funds that will directly result in such demolition or conversion, Upland will make public and submit to the HUD field office the following information in writing:
A description of the proposed assisted activity;
The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- and moderate-income units; A time schedule for the commencement and completion of the demolition or conversion;
The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units;
The source of funding and a time schedule for the provision of replacement dwelling units; or
The basis for concluding that each replacement dwelling unit will remain a low- and moderate-income unit for at least ten years from the date of initial occupancy.
Consistent with the goals and objectives of the CDBG program, Upland will take all reasonable steps necessary to minimize displacement of persons from their homes. The City will avoid funding projects that cause displacement of persons or businesses and will avoid funding any project that involves the conversion of low- and moderate-income housing to non-residential purposes.
9. Decent, Safe and Sanitary Dwelling
The basic definition is found at 49 CFR 24.2(1). The term decent, safe, and sanitary dwelling means a dwelling that meets the following standards and any other housing and occupancy codes that are applicable. It will:
Be structurally sound, weather tight, and in good repair; Contain a safe electrical wiring system adequate for lighting and other devices;
Contain a safe heating system capable of sustaining a healthful
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Citizen Participation Plan | September 2024 26
temperature for the displaced person;
Be adequate to accommodate the displaced person. There will be a separate, well lit, ventilated bathroom that provides privacy to the user and contains a toilet, sink, and a bathtub or shower, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. There should be a kitchen area that contains a fully usable sink, properly connected to hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator; Contain unobstructed egress to safe, open space at ground level; For a mobility-impaired person, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such person. This requirement will be satisfied if the displaced person elects to relocate to a dwelling that they select and the displaced person determines that they have reasonable ingress, egress, and the use of the dwelling; and
Comply with lead-based paint requirements of 24 CFR Part 35.
N. Real Property Policies
The City and its CDBG subrecipients must follow specific guidelines regarding the acquisition and use of real property funded in whole or in part with CDBG funds.
1. Use of Real Property
The following standards apply to real property within the recipient’s control and acquired or improved, in whole or in part, using CDBG funds. These standards will apply from the date funds are first spent for the property until five years after the project is audited and closed.
A recipient may not change the use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient gives affected citizens reasonable notice of, and opportunity to comment on, any such proposed change, and either:
The use of such property qualifies as meeting a national objective and is not a building for the general conduct of government; The requirements in the paragraph below are met;
If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of property to a use that does not qualify under the above paragraph, it may retain or dispose of the property. The Upland CDBG program must be reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non-federal funds for the acquisition of and improvements to the property;
If the change of use occurs within five years of the project being audited
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and closed, income from the disposition of the real property will be returned to the Upland CDBG program; and
Following the reimbursement of the federal program pursuant to the above paragraph of this section, the property is no longer subject to any federal requirements.
2. Real Property Acquisition
All real property acquisition activities described in this section and funded in whole or in part with CDBG funds and all real property that must be acquired for an activity assisted with Federal funds, regardless of the actual funding source for the acquisition, are subject to the URA (as amended).
3. What is Real Property Acquisition?
Real property acquisition is any acquisition by purchase, lease, donation, or otherwise, including the acquisition of such interests as rights-of-way and permanent easements.
HUD Handbook 1378 and 49 CFR Part 24 currently contains such regulations.
These regulations detail a standard procedure for acquiring property and methods of determining a purchase price and outline other documents that must be provided to Upland before disbursement of funds. These regulations further require the applicant to provide relocation payments and assistance to any business or residential occupant of the property whom the acquisition will displace.
4. Eligible Activities
Upland or its sub-grantee may acquire real property for a project using CDBG funds where the proposed use of the acquired property will be an activity that the City can demonstrate as beneficial to low- and moderate-income persons.
5. Environmental Review Process (24 CFR Part 58)
HUD requires that all real property acquisition projects be reviewed before the commitment of Federal funds to assess the impact of a project on the environment. Upland will undertake this review process. The applicant should be aware, however, that this review process may delay the date by which CDBG funds may be available and, in case of serious adverse environmental impacts, may effectively stop a project.
DATE: September 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
SUBJECT: CONSIDER ADOPTING A RESOLUTION ESTABLISHING MEASURE N SPENDING
PRIORITIES
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution expressing Council’s intent to prioritize spending of transactions and use (sales) tax revenue (TUT) for infrastructure and public safety purposes.
GOAL STATEMENT
The proposed action supports the City’s goal of transparency and fiscal responsibility.
BACKGROUND
For over three decades the City of Upland has taken many actions aimed at maintaining the General Fund and the services for residents that it provides. While Upland residents enjoy the local quality of life our community provides, the City’s bedroom community status keeps it at a financial deficit compared with other neighboring cities who have more robust commercial development.
The financial impacts to the City have changed over the years, but one common thread exists – continued actions of the State that have reduced and limited City revenues. The Upland 2001 Financial Workout Plan identified the State’s reallocation of property tax revenue to the Educational Relief Augmentation Fund as costing Upland $16 million in the 1990’s. The Upland 2013 Fiscal Condition Report was written on the heels of the State taking away the City’s Redevelopment Agency and, thereby millions of dollars in annual redevelopment funding. The Cit y continues to deal with a long list of unfunded mandates from the State, most notably recent requirements for additional tracking and reporting in the Police Department.
Current challenges to the City budget include inflationary pressures and increased costs of repairing streets and facilities due to deferred maintenance. Those challenges, combined with employee staffing and compensation issues, causing higher turnover of employees and the lost benefit of the institutional knowledge and training dollars that were invested in them.
Beginning in the 1990’s, prior City Councils have proactively “kept their financial house in order” by reducing spending to levels consistent with revenue projections. Many City services have been outsourced, major cuts have been made, and employee concessions have been repeatedly requested. While that methodology has allowed the City to maintain its current finances, it has not allowed Upland to make sufficient investments in the areas our residents have expressed a strong desire: Maintaining local streets and alleys and repairing potholes, providing quick responses to 9-1-1 emergencies, and addressing homelessness.
On August 9, 2024, City Council adopted Resolutions placing a transactions and use (sales) tax measure on the November ballot.
On August 29, 2024, City Council unanimously approved the current ballot language.
ISSUES AND ANALYSIS
Additional sales tax revenue would have a substantial positive impact on the City’s ability to improve and maintain infrastructure, including repaving major roads and neighborhood streets; repairing potholes; repairing and replacing sidewalks and alleys; improving 9-1-1 emergency response, increasing neighborhood police patrols; enhance gang and crime prevention programs; reducing homelessness; keeping public areas safe and clean, and attracting and retain
local businesses and jobs. However, if residents adopt Measure N, the funds would go into the City's General Fund, and be available to spend in any manner that City Co uncil sees fit.
The City has conducted public surveys of the community’s priorities and recommendations and advertised these surveys on social media, the City website, utility bill inserts, and the Upland Today magazine to encourage resident participation. The survey requested residents prioritize City services for funding. The survey results showed that residents strongly favored funding public safety and public infrastructure, specifically the paving of streets and alleys.
Additionally, staff has heard from City Councilmembers, from their conversations with community groups and constituents, and there has been general consensus that these priorities are an accurate reflection of the community.
City Council has repeatedly identified a prioritization for additional funds in the City to be invested in infrastructure and public safety. As such, the resolution attached to this staff report for City Council's consideration lists those two purposes as the priority for spending of additional transactions and use tax revenues should Measure N - the City of Upland 1% Sales Tax for General City Services Measure - be adopted by Upland voters.
ENVIRONMENTAL DETERMINATION
The proposed action is the adoption of a Resolution prioritizing potential future spending and is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA EXPRESSING ITS INTENT TO
PRIORITIZE SPENDING OF TRANSACTIONS AND USE
(SALES) TAX (TUT) REVENUE FOR INFRASTRUCTURE AND
PUBLIC SAFETY AND PURPOSES.
WHEREAS, the City Council of the City of Upland (“City”) is authorized to levy a Transactions and Use (Sales) Tax (TUT) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution (“Proposition 218”); and
WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, based upon the above, on August 9, 2024, the City Council of the City of Upland called a General Municipal Election to be held on November 5, 2024, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.06 to the Upland Municipal Code, which would enact a one percent (1%) TUT until it is ended by voters; and
WHEREAS, pursuant to the proposed measure/ordinance, the TUT is a general tax enacted solely to raise revenue for the general governmental use of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and
WHEREAS, the general fund pays for important City services such as street and public right-of-way operations, police and public safety services, maintenance and improvement, community center and recreation services, and other general municipal services to the public; and
WHEREAS, the City Council desires to adopt this Resolution expressing this City Council’s intent, if the TUT measure is enacted by the voters, to commit to spend future TUT revenue for various purposes, with certain priorities for infrastructure and public safety purposes.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:
Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct.
Section 2. Priorities for Spending TUT Revenue. The City Council hereby expresses its intent, if the TUT measure is enacted by the voters, to prioritize spending of future TUT revenue for the following purposes:
A. Public Infrastructure: Future TUT revenue would be spent on the costs of improving and maintaining streets, sidewalks and alleys, parks, and improvements
Resolution No.
in the public right-of-way.
B. Public Safety: Future TUT revenue would also be spent on the costs of providing public safety services, consisting of: police patrol, response, investigation, apprehension and law enforcement, emergency 9-1-1 response, gang prevention, code enforcement, and animal control.
Section 3. TUT Not Deemed a Special Tax. The adoption of this Resolution shall not be construed, and it is not the City Council’s intent, to convert the proposed TUT into a “special tax”, as that term is defined Article XIIIC §1(d) of the California Constitution, or California Government Code sections 53721 and 53724, or any combination thereof. Although this Resolution expresses the intent of the current City Council to prioritize spending future TUT revenues for certain purposes, the TUT shall remain a “general tax” as that term is defined in Article XIIIC §1(a) of the California Constitution and as set forth in the proposed TUT ordinance. In the event this Resolution is determined to convert the proposed TUT into a special tax, it shall be deemed void for all purposes.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 9th day of September, 2024.
_____________________________
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 9th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:_______________________
Keri Johnson, City Clerk