Upland City Council
December 9, 2024

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EETING OF THE CITY COUNCIL
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Rill Velto, Mayor
James Breitling, Mayor Pro Tern- District 2 Michael Blay, City Manager Carlos A. Garcia,Councilmember-District 3 Stephen P. Deitsch,City Attorney Shannan Maust, Councilmember -District I Keri Johnson, City Clerk Rudy Zuniga,Councilmember-District 4
Monday, December 9, 2024
Open session begins at 6:00 p.m.

Council Chamber

JOINT MEETING OF THE UPLAND CITY COUNCIL, CITY OF UPLAND FINANCING AUTHORITY, AND THE

CITY OF UPLAND PARKING AUTHORITY
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.

4. CLOSED SESSION

5. INVOCATION
Rabbi Stephen Epstein, Temple Sholom

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Proclamation recognizing Lieutenant Maurice "Moe" Duran upon his retirement from the City with 20 years of service.

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 8
Recommended Action:

Approve the Regular Meeting Minutes of November 25, 2024. (Staff Person: Keri Johnson)
b. ACCEPT AND FILE SCHEDULED VACANCIES FOR COMMISSIONS, 12 COMMITTEES, AND BOARDS FOR CALENDAR YEAR 2025
CEQA: Not a Project.

Recommended Action:

Accept and file the Local Appointments List for all City commissions, committees, and boards for calendar year 2025, and direct the City Clerk to post the list. (Staff Person: Keri Johnson)
15 c. CONSIDER RATIFYING THE APPOINTMENT OF MAYOR PRO TEM CEQA: Not a Project.

Recommended Action:

Ratify the appointment of Councilmember Zuniga as Mayor Pro Tern, term to expire in December 2025. (Staff Person: Keri Johnson)
d. CONSIDER RATIFICATION OF MAYORAL APPOINTMENTS FOR 2025 18 CEQA: Not a Project.

Recommended Action:

Ratify the Mayoral Appointments for 2025, appointing Council Members and City Representatives to City Council committees and various City and regional committees. (Staff Person: Keri Johnson)
e. CONSIDERATION OF A RESOLUTION ADOPTING REVISED CITY COUNCIL 21

RULES OF PROCEDURE
CEQA: Not a Project.

Recommended Action:

Review the revised Rules of Procedure and adopt a Resolution repealing Resolution No. 6702 and adopting Rules of Procedure for the Upland City Council. (Staff Person: Keri Johnson)
f. CONSIDER ADOPTION OF THE FIVE-YEAR DEVELOPMENT IMPACT FEE 55 REPORT AND RECEIVE AND FILE THE FY 2023-24 QUIMBY AND

DEVELOPMENT IMPACT FEE ANNUAL REPORTS
CEQA: Not a Project
Recommended Action:

Adopt the Five-Year Development Impact Fee Report in accordance with Assembly Bill 1600 for Fiscal Year 2024-25; and receive and file the FY 2023-24 Quimby and Development Impact Fee annual reports. (Staff Person: Stephen Parker)
g. CITY OF UPLAND PARKING AUTHORITY 2024 ANNUAL REPORT 87 CEQA: Not a Project
Recommended Action:

City of Upland Parking Authority Board of Directors receive and file the annual report of the 2024 activities of the Parking Authority. (Staff Person: Stephen Parker)
h. CITY OF UPLAND FINANCING AUTHORITY 2024 ANNUAL REPORT 88 CEQA: Not a Project
Recommended Action:

City of Upland Financing Authority Board of Directors receive and file the annual report for the 2024 activities of the Financing Authority. (Staff Person: Stephen Parker)

i. CONSIDER APPROVAL OF AN AGREEMENT FOR INSTALLATION OF 89

CAMERAS IN THE DOWNTOWN
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) "Existing Facilities" of the CEQA Guidelines.

Recommended Action:

Approve an agreement with TRL Systems to purchase cameras, networking systems and installation services in the amount of $508,926.92; approve the use of$8,926.92 in Asset Forfeiture funds; and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker)
j. CONSIDER APPROVAL OF AGREEMENT FOR WEBSITE REDESIGN AND 116 HOSTING SERVICES WITH REVIZE INC. USING ARPA FUNDING
CEQA: Not a Project.

Recommended Action:

Approve an agreement with Revize Inc. for website redesign and hosting services for $100,000; and authorize the City Manager to execute the agreement and any documents necessary to implement the website redesign. (Staff Person: Stephen Parker)
k. CONSIDER APPROVAL OF APPROPRIATION OF $2.5 MILLION IN AMERICAN 133

RESCUE PLAN ACT FUNDS FOR THE FOOTHILL BOULEVARD

IMPROVEMENT PROJECT
CEQA: Not a Project.

Recommended Action:

Approve an appropriation of $1,036,662 in American Rescue Plan Act funds for the Foothill Boulevard Improvement Project; approve an appropriation of $1,263,338 previously obligated for indirect administrative services support for the Foothill Boulevard Improvement Project; adopt a Resolution approving an interdepartmental Memorandum of Understanding between the City Manager's Office and the Public Works Department to obligate to obligate American Rescue Plan Act funds in the total amount of $2.3 million towards the Foothill Boulevard Improvement Project; and authorize the City Manager and Acting Public Works Director to execute the Memorandum of Understanding. (Staff Person: Stephen Parker)
I. CONSIDERATION OF A RESOLUTION AND AMENDED LICENSE 140

AGREEMENT WITH SBCTA REGARDING THE PACIFIC ELECTRIC TRAIL

AND THE TOM THOMAS MAGNOLIA PLAZA PROJECT
CEQA: Determined to be Exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Recommended Action:

Adopt Resolution No. 6810 affirming reservation of the Pacific Electric Trail right- of-way (formally known as the Baldwin Park Branch right of way) purchased by San Bernardino County Transportation Authority from the Southern Pacific Transportation Company, is reserved for a future transportation facility and any other uses of the property are interim uses only; and approve Amendment No. 2 to the License Agreement between the City of Upland and San Bernardino County Transportation Authority. (Staff Person: Robert Dalquest)

m. CONSIDER APPROVAL OF AMERICAN RESCUE PLAN ACT FUNDS AND 184

PROGRAM GUIDELINES FOR THE SMALL BUSINESS EXPANSION GRANT CEQA: Determined to be Exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Recommended Action:

Approve the program guidelines for the Small Business Expansion Grant Program ("Program"), approve the use of$225,000 in American Rescue Plan Act funds to implement the Program, and adopt a Resolution approving an interdepartmental Memorandum of Understanding between the City Manager's Office and the Development Services Department to obligate American Rescue Plan Act funds in the amount of $225,000 for the Program. (Staff Person: Robert Dalquest)
n. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR PROJECT NO. 197 32337, DOWNTOWN PARKLETS
CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).

Recommended Action:

Accept the work completed; authorize the City Manager to execute and record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Downtown Parklets Project. (Staff Person: Robert Dalquest) o. CONSIDER APPROVING OUT OF AGENCY SEWER SERVICE AGREEMENT 199 NO. 2024-10-03 FOR 2550 THUNDER MOUNTAIN ROAD
CEQA: Class 3 Categorical Exemption, Section 15303(d) of the California Environmental Quality Act Guidelines as it relates to the connection of existing structure(s) to existing infrastructure. A Notice of Exemption has been filed with LAFCO.

Recommended Action:

Approve Sewer Service Agreement No. 2024-10-3 for the property at 2550 Thunder Mountain Road; and authorize the City Manager to execute the agreement. (Staff Person: Chris Alanis)
p. CONSIDER AN AWARD OF BID FOR PROJECT NO. 74010, LEXINGTON 213 STREET, 1ST AVENUE, AND 2ND AVENUE STREET REHABILITATION AND

UTILITY IMPROVEMENTS
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed a Notice of Exemption with the County of San Bernardino on October 16, 2024.

Recommended Action:

Approve the Plans and Specifications for Project 74010; award the construction contract to All American Asphalt in the amount of $895,527; and authorize a construction contingency in the amount of $100,000, for a total amount of $995,527. (Staff Person: Chris Alanis)
q. CONSIDER AWARD OF BID FOR PROJECT NO. 16127, DOWNTOWN PUBLIC 216 PARKING LOT IMPROVEMENTS ON THE SOUTH SIDE OF "A" STREET, 450

FEET EAST OF THIRD AVENUE

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve the Plans and Specifications for Project No. 16127; deem the bid from Estate Design and Construction non-responsive, award the construction contract to H L Hitchcock Construction, Inc. in the amount of $228,135; and authorize a construction contingency in the amount of $60,000, for a total amount of $288,135. (Staff Person: Chris Alanis)
r. CONSIDER APPROVAL OF SIX BASINS PURCHASE ORDER INCREASE 219 CEQA: Not a Project
Recommended Action:

Approve a $9,168 increase to Purchase Order No. 20250093, for a total purchase order amount of$55,260, to accommodate the updated assessment fees from Six Basins for the calendar year 2024. (Staff Person: Chris Alanis) s. CONSIDER APPROVAL OF AN INCREASE TO AN EXISTING PURCHASE 272 ORDER WITH 10-8 RETROFIT
CEQA: Not a Project.

Recommended Action:

Approve an increase to the existing purchase order with 10-8 Retrofit by $207,000 for a total purchase order amount of $218,000; and authorize the City Manager to execute all necessary documents. (Staff Person: Chris Alanis) t. CONSIDER APPROVAL OF THE SECOND AMENDED AND RESTATED 284 AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC.

CEQA: Not a Project.

Recommended Action:

Adopt a Resolution approving the amended and restated agreement for solid waste collection, processing, disposal, and ancillary services with Burrtec Waste Industries, Inc. and adopting rates for solid waste collection services; 2) approve the Second Amended and Restated Agreement between the City of Upland and Burrtec Waste Industries, Inc. for waste management services, and 3) authorize the City Manager to execute the agreement, make adjustments to the revenue and expense portions of the previously approved budget to align with the current solid waste program rates, and approve any related documents on behalf of the City. (Staff Person: Chris Alanis)

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only. b. ECONOMIC DEVELOPMENT COMMITTEE MEETING, DECEMBER 2, 2024 387

The Committee Chairperson will report on the meeting. This is an information item.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The City Council will adjourn in memory of Upland Police Detective Caitlin Teague. The next regularly scheduled City Council meeting is Monday, January 13, 2025.

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] To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.

On December 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

MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL November 25, 2024
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, 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 5:05 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 5:00 p.m.

4. CLOSED SESSION
At 5:06 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Lease space at 220 E. A Street, within the Santa Fe Depot, in Downtown Upland (Assessor Parcel Number, APN: 1046-583-08) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: Laura Cayley
Under Negotiation: Price and Terms of payment
The City Council reconvened in Open Session at 6:00 p.m.

5. INVOCATION
Retired Pastor Mark Fields, Upland Community Resource Center 1

6. PLEDGE OF ALLEGIANCE
Led by Upland High School class of 2025 student, Luke Smith

7. PRESENTATIONS

8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report on Closed Session Item 4a and there was no reportable action.

9. ORAL COMMUNICATIONS
Felisa (Lisa) Day-Allen, Upland, stated that she lives at the corner of 16th and San Antonio and commented on the number of accidents and fatalities at the intersection.

She further suggested ways to make the intersection safer.

10. CONSENT CALENDAR
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of November 11, 2024. b. CONSIDER APPROVAL OF OCTOBER WARRANT AND PAYROLL

REGISTERS
Approve the October warrant registers (check numbers 50103 — 50556 and direct disbursements) totaling $8,908,527.60 and payroll registers totaling $2,919,365.84 (check numbers 163993 — 164006 and electronic fund transfers 50570 — 51412).
c. CONSIDER APPROVAL OF AN ADDITIONAL $5,000 APPROPRIATION OF

AMERICAN RESCUE PLAN ACT FUNDS FOR RECONFIGURATION OF

FINANCE WORKSTATIONS
Approve an additional appropriation of $5,000 in American Rescue Plan Act funds for reconfiguration of Finance workstations.
d. TREASURER'S REPORT OCTOBER 2024
Receive and file the October 2024 Treasurer's Report.
e. CONSIDER APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL

SERVICES AGREEMENT WITH WILLDAN ENGINEERING
Approve Amendment No. 2 to the Professional Services Agreement with Willdan Engineering for Building Division staff augmentation in the amount of $87,000 for a total not-to-exceed contract amount of $244,240 for the period through June 30, 2025, and authorize the City Manager to execute the amendment. 2

f. CONSIDER AWARD OF BID FOR PROJECT NO. 16135, PD 2ND FLOOR EXPANSION PROJECT (BID NO. 2024-09)
Approve the plans and specifications for Project No. 16135, PD 2nd Floor Expansion Project and award a construction contract to First Trade LLC, DBA YMC in the amount of $194,100 (base bid amount plus additive item #1) and approve a construction contingency in the amount of $25,000 for a total contract amount of $219,100; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority.

11. PUBLIC HEARINGS

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

CONFERENCE ATTENDANCE
No reports.

13. BUSINESS ITEMS
a. DISCUSSION REGARDING CITY COMMITTEES APPOINTED TO ADVISE THE

COUNCIL
City Clerk Johnson presented the staff report.

Council discussed adding residents to the Finance Committee for budget oversight, allowing committee members to request agenda items, and creating a separate resident committee as a budget oversight committee.

City Manager Blay answered questions posed by the Council regarding staff time required to prepare committee meeting agendas. City Manager Blay suggested that it would make sense to combine a budget review committee with the Finance Committee.

There was discussion whether a budget oversight committee should be combined with the Finance Committee or be a stand alone committee solely made up of residents.

Mayor Velto called a recess at 6:35 p.m. The Council reconvened in open session at 6:44 p.m.

Council tabled the item and requested a staff presentation or special workshop to review and discuss all City committees.
b. REVIEW AND PROVIDE DIRECTION ON DRAFT PROGRAM GUIDELINES

FOR THE SMALL BUSINESS EXPANSION GRANT
Development Services Director Dalquest presented the staff report.

Council suggested raising the maximum number of employees the small business can employ to 20 FTE and a maximum of $5,000 social media budget; and clarify the language regarding requirements that the business be in good standing with the City.

Development Services Director Dalquest answered questions posed by the Council regarding the draft program guidelines.
3

14. COUNCIL COMMUNICATIONS
Councilmember Breitling requested that staff provide a presentation to Council evaluating the effectiveness of the weed abatement program and the education/outreach to the residents. City Manager Blay stated that staff would bring that presentation to Council in January.

Councilmembers announced various activities and events throughout the community.

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 7:11 p.m. The next regularly scheduled City Council meeting is Monday, December 9, 2024.

Keri Johnson, City Clerk
4

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DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK

JENNIFER RODRIGUEZ,DEPUTY CITY CLERK
SUBJECT: ACCEPT AND FILE SCHEDULED VACANCIES FOR COMMISSIONS,COMMITTEES, AND BOARDS FOR CALENDAR YEAR 2025
RECOMMENDED ACTION:

It is recommended that the City Council accept and file the Local Appointments List for all City commissions, committees,and boards for calendar year 2025,and direct the City Clerk to post the list.

GOAL STATEMENT
The proposed action supports the City's goal to provide opportunities for the citizenry to participate in local government through service on various commissions,committees,and boards.

BACKGROUND
The Legislature established Government Code Section 54970, also known as "The Maddy Act," for the purpose of increasing public awareness of appointments to be made by any local government. The purpose was to take into consideration a vast and largely untapped reservoir of talent which exists among the citizenry that all too frequently is not aware of the opportunities for participation on local boards and commissions.

According to Government Code Section 54972, on or before December 31 of every year, each legislative body is required to prepare an Appointments List of all regular and ongoing boards, commissions and committees which are appointed by the legislative body of the local agency. The list must contain which terms will expire during the next calendar year,with the name of the incumbent appointee,the date of appointment,the date the term expires,and the necessary qualifications for the position. Section 54973 requires that the legislative bodies designate the public library with the largest service population within the jurisdiction to receive a copy of the list.

Pursuant to the Maddy Act and Resolution No. 6704,the City Clerk is required to announce all scheduled vacancies for commissions, committees, and boards expected during the next calendar year. This action must be taken prior to December 31st of each year.

ISSUES AND ANALYSIS
The Local Appointments List has been prepared and is attached.Following approval,and prior to December 31,2024, the City Clerk will post the list on the bulletin board outside City Hall, at the Upland Public Library,and on the City website.

In addition,information will be published in the Upland Today,and the City Clerk will utilize social media platforms to recruit applications for all boards,commissions,and committees.

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.

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LOCAL APPOINTMENTS LIST
Pursuant to Government Code Section 54972, the following terms will expire during the 2025 calendar year.

Upland has boards, committees, and commissions, which advise and assist the Council in dealing with specific issues. Appointments are made by the Mayor with approval by the full Council. Each Councilmember may nominate an individual to the Building Appeals Board, City Council Advisory Committee, Parks, Arts Recreation, and Community Services Advisory Committee.

Qualifications for service are Upland residency, a strong interest in the community, and the ability to give of one's time when serving. Terms of office are for up to four years with the exception of the Library Board, which has a three year term. The following list shows current members, the date appointed, and the date each term expires. Applications may be obtained from the City Clerk, by calling (909) 931-4120 or on the City website:
www.uplandca.gov/city-committees .

Date of Appointment Term Expires

ECONOMIC DEVELOPMENT COMMITTEE
Terri Galdo 07/12/21 12/2025
The Economic Development Committee provided an opportunity for review and fact finding relative to significant projects, programs, or activities in economic development operations prior to consideration by the entire Council. Members appointed to this committee serve in an advisory capacity.

LIBRARY BOARD
Lynn Olson 06/13/22 06/2025
Ralph Cavallo 06/13/22 06/2025
The Upland Public Library Board serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.

PLANNING COMMISSION
Jeffrey Johnson 06/8/21 06/2025
The role of the Planning Commission is the administration of the Zoning Ordinance and includes serving as the review authority on permit and approval applications, reviewing appeals filed from the Development Services Director or designee on permit applications, providing recommendations to the City Council on legislative actions, and providing an annual review of the capital improvement program for consistency with the General Plan.

PERSONNEL BOARD OF REVIEW
Jose de la Cerra 06/28/21 06/2025
(VACANT) 06/2025
The board of review shall meet on call of the chairperson, personnel director or two members of the board. The duties of the board of review are regulated by UMC Section 2.36.170.

Keri Johnson, CMC, CPMC
City Clerk
Posted: December 10, 2024

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DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER RATIFYING THE APPOINTMENT OF MAYOR PRO TEM RECOMMENDED ACTION:

It is recommended that the City Council ratify the appointment of Councilmember Zuniga as Mayor Pro Tern,term to expire in December 2025.

GOAL STATEMENT
The proposed action supports the City's goal to provide inclusive leadership opportunities for all Councilmembers.

BACKGROUND
In December 2016 the City Council adopted a rotational system to ensure that each Council Member would be able to serve a one-year term as Mayor Pro Tem.That system was set forth in Resolution No. 6376.

In January 2019,the Council adopted Resolution No. 6478 updating the rotation of Mayor Pro Tem to accommodate the change to district-based voting. The rotation began with District 3 and proceeded numerically through District 4, District 1,and District 2.

In December 2022 the rotation would have been for Councilmember Breitling,District 2, to be appointed as Mayor Pro Tem. Since Councilmember Breitling was newly elected,the Council chose to change the rotation as allowed in Section 4 of Resolution No. 6478. At that time Mayor Velto stated that Councilmember Breitling would be next in the rotation as Mayor Pro Tem and the Council concurred.

In December 2023 the Council ratified the appointment of Councilmember Breitling,District 2,to serve as Mayor Pro Tern.

ISSUES AND ANALYSIS
In keeping with Resolution No.6478,Councilmember Zuniga will be appointed as Mayor Pro Tern with a term ending in December 2025.

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.

RESOLUTION NO. 6478

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

AMENDING PROCEDURES FOR SELECTING A MAYOR PRO TEM

PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT
CODE SECTION 36801 AND RESCINDING RESOLUTION NO.
6376
Intent of the Parties and Findings
(i) Government Code Section 36801 provides that the City Council shall meet at the meeting at which the declaration of election results is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its members to serve as Mayor Pro tern; and (ii) The City Council is desirous of selecting a Mayor Pro Tern to serve a one-year term, beginning in December of each year;
NOW, THEREFORE, the City Council hereby finds, determines and resolves as follows:

Section 1. That the City Council shall reorganize by selecting one of its members for one year as Mayor Pro Tern in December of each year.

Section 2. The City Council shall make its annual selection based upon the rotation plan, so that each Council Member willing and able to serve will be given the opportunity serve as Mayor Pro Tern during his or her four-year term of office.

In the event one of the current incumbents is no longer on the Council at the time of reorganization, the successor in the district shall assume the same postion in the rotaion of Mayor Pro Tern subject to the provisions of Section 4 hereof.

Section 3. (A) In December 2019, the Council shall select the Councilmember for District 3 for a one-year term as Mayor Pro Tern
(B) In December 2020, the Council shall select the Councilmember for District 4 for a one-year term as Mayor Pro Tern
(C) In December 2021, the Council shall select the Councilmember for District 1 for a one-year term as Mayor Pro Tern
(D) In December 2022, the Council shall select the Councilmember for District 2 for a one-year term as Mayor Pro Tern
(E) In December of each succeeding year, the Council shall follow the rotation plan established by this Resolution.

Section 4. In the event that any current incumbent is not the holder of the office as established by this Resolution, at the time of reorganization, the Council may select his or her successor as Mayor Pro Tern or reassign the rotation so that a new Council Member is not selected early in his or her term.

Section 5. Resolution No. 6376 is hereby rescinded in its entirety.

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

Resolution No. 6478

PASSED, APPROVED and ADOPTED this 14th day of January 2019.

W6eMtiv
Debbie Stone, 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 14th day of January, 2019, by the following vote:

AYES: Mayor Stone, Councilmembers Elliott, Felix, Zuniga NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:

Keri Joh on, City er

trpl" CITY FUPLAND
"The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER RATIFICATION OF MAYORAL APPOINTMENTS FOR 2025 RECOMMENDED ACTION:

It is recommended that the City Council ratify the Mayoral Appointments for 2025,appointing Council Members and City Representatives to City Council committees and various City and regional committees

GOAL STATEMENT
The proposed action supports the City's goal to provide representation on City and regional boards and committees.

BACKGROUND
Pursuant to Government Code Section 40605, the Mayor, with the approval of the City Council, shall make all appointments to boards,commissions,and committees.

ISSUES AND ANALYSIS
The City has standing legislative committees with two members of the City Council serving on each committee. In addition to the standing committees,members of the City Council and other City Representatives also represent the City of Upland by serving on various City and regional committees. Pursuant to the previously referenced code, the Mayor makes appointments to these committees (see attachment). These new appointments must be ratified by the City Council.

Pursuant to FPPC Regulation 18702.5, Form 806 has been posted on the City's website which, lists all the paid appointed positions to which an official will vote to appoint themselves.

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.

CITY OF UPLAND

MAYORAL APPOINTMENTS
APPOINTMENTS FOR 2025
(Supersedes Appointments ending December 2024)
Term Expires
Mayor Pro Tern Rudy Zuniga Dec-25
Council Committees Members
Economic Development Committee Chairperson Rudy Zuniga Dec-26 Carlos Garcia Dec-26
Finance Committee Chairperson Shannan Maust Dec-26 James Breitling Dec-26
Public Works Committee Chairperson James Breitling Dec-26 Shannan Maust Dec-26
City Committees Members
Library Board Council Representative James Breitling Dec-26 Sister City Rudy Zuniga Dec-26
Water Facility Authority
Bill Velto Dec-26
Alternate Rudy Zuniga Dec-26
Technical Advisory Committee Nicole deMoet Dec-26 Alternate Norberto Ferreira Dec-26
Regional Committees Members
County Solid Waste Task Force James Breitling Dec-26 Alternate Carlos Garcia Dec-26
Inland Empire Utility Agency Policy Committee Bill Velto Dec-26 Alternate Rudy Zuniga Dec-26
Technical Committee Nicole DeMoet Dec-26
Alternate Norberto Ferreira Dec-26
League of California Cities Legislative Task Force James Breitling Dec-26 Staff Member- Legislative Affairs Staff Person
OMNITRANS Board Bill Velto Dec-26
Plans and Programs Committee Alternate James Breitling Dec-26

CITY OF UPLAND

MAYORAL APPOINTMENTS
APPOINTMENTS FOR 2025
(Supersedes Appointments ending December 2024)
Term Expires
Pomona Valley Protective Association Nicole deMoet Nov-25 San Antonio Water Company Bob Bowcock Apr-25 (City provides a slate of candidates and designates a proxy to carry out vote) Bill Velto Apr-25 Kati Parker Apr-25
Bob Cable Apr-25
Rudy Zuniga Apr-27
Will Elliott Apr-27
Martha Goss Apr-27
SBCTA/SBCOG Board Rudy Zuniga Dec-26
Alternate Bill Velto Dec-26
West End Consolidated Water Company Janice Elliott Apr-25 (City provides a slate of candidates and designates a proxy to carry out vote) Carlos Garcia Apr-25 Shannan Maust Apr-25
Shelly Verrinder Apr-27
Kati Parker Apr-27
ONT-IAC(Ontario International Airport-Inter Agency Collaborative (mediation board) Bill Velto Dec-26 West Valley Mosquito and Vector Control District Board Member James Breitling Dec-26 San Bernardino County Interagency Council on Homelessness Carlos Garcia Dec-26

• �p1
4�� 9� CITY FUPLAND
i54,, _�� "The City of Gracious Living" C,,tIFOB,S
'• Stafif(krctilt
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING REVISED CITY COUNCIL RULES OF

PROCEDURE
RECOMMENDED ACTION:

It is recommended that the City Council review the revised Rules of Procedure and adopt a Resolution repealing Resolution No.6702 and adopting Rules of Procedure for the Upland City Council.

GOAL STATEMENT
The proposed action supports the City's goal to promote efficient operations and maintain open government ideas.

BACKGROUND
The City Council adopted rules and procedures in 2001 which were revised in 2012 with the adoption of Resolution No. 6137.

Resolution No. 6137 did not provide a detailed written policy regarding rules and procedures for City Councilmembers.The lack of formal policies made it difficult for newly elected officials and staff to effectively follow informal policies so in September 2021 the City Council adopted Resolution No.6611 which repealed Resolution No. 6137 and adopted a more comprehensive policy regarding Council rules of procedure and placement of items on the agenda.

In December 2022 the City Council adopted Resolution No. 6702 which revised the previously adopted Rules of Procedure to reflect changes to the start time of the closed session portion of City Council meetings.

ISSUES AND ANALYSIS
The City Clerk's office reviews the procedures manual on a regular basis to ensure that staff and Council follow the Rules of Procedure and to ensure the Rules of Procedure comply with current policies and government codes.

The proposed changes to the Rules of Procedure are to:
• Clarify the role of the rotational Mayor Pro Tem
• Update the start time of City Council meetings as adopted by Resolution No. 6760 on January 8,2024 • Update the change in Council compensation under UMC Section 2.02.040,which went into effect after the certification of the November 5,2024 General Municipal Election • Include information on conflicts of interest as outlined in the Levine Act,effective January 1,2023

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.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND REPEALING RESOLUTION NO. 6702 AND

ADOPTING RULES OF PROCEDURE OF THE UPLAND CITY

COUNCIL
WHEREAS, on February 12, 2001, the City Council of the City of Upland adopted Resolution No. 5211, repealing certain prior resolutions, and delegating to the City Manager the establishment of the form and format of public meetings of the City Council; and
WHEREAS, on October 8, 2012, the City Council of the City of Upland adopted Resolution No. 6137, repealing Resolution No. 5211 and adopting a policy regarding Council rules of procedure and placement of items on the agenda; and WHEREAS, on September 13, 2021, the City Council of the City of Upland adopted Resolution No. 6611, repealing Resolution No. 6137 and adopting a policy regarding Council rules of procedure and placement of items on the agenda; and WHEREAS, on December 12, 2022, the City Council of the City of Upland adopted Resolution No. 6702, repealing Resolution No. 6611 and adopting revised Council rules of procedure and placement of items on the agenda; and WHEREAS, this Resolution shall repeal Resolution No. 6702 and re-state those procedures set forth in Resolution No. 6702, regarding Council rules of procedure and placement of items on the agenda; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

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

Section 2. Repealed. Resolution No. 6702 is hereby repealed.

Section 3. The City Council of the City of Upland adopts the Rules of Procedure of the Upland City Council dated December 9, 2024, attached to this Resolution as Exhibit A.

Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that

Resolution No.

this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 9th day of December 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 December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Rules of Procedure of the
Upland City Council
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Approved by the Upland City Council on December 1-29, 2-0222024 1

Rules of Procedure of the Upland City Council

CONTENTS
CHAPTER 1
Introduction
Purpose of Procedures Manual 4
Overview of City Documents 4
Orientation of New Council Members 5
CHAPTER 2
Powers and Responsibilities
City Council Generally 7
Role of Mayor & Mayor Pro Tem 7
Appointment of City Manager, City Attorney 8
Appointment of Legislative and Advisory Bodies 8 CHAPTER 3
City Council Meetings
General Procedures 9
Meeting Schedule 11
Special Meetings 11
Adjourned Meetings 11
Development of Agenda 11
Placing Items on Agenda 12
Notification and Advertising 13
Order of Business 13
Order of Presentation of Agenda Items 17
Ordinances, Resolutions, and Contracts 18
Discussion Rules 18
Voting Procedures 19
Other Guidelines 20
Open Meeting Laws ("The Brown Act") 21
CHAPTER 4
Council Communications
Overview 23
Correspondence from Council Members 23
Speaking for "The City" 23
CHAPTER 5
Interaction with City Staff
Overview 25
Council-Manager Form of Government 25
Council-Manager Relationship 25
2

Rules of Procedure of the Upland City Council
City Council-City Attorney Relationship 26
Roles and Information Flow 26
Dissemination of Information 27
Staff Relationship with Advisory Bodies 27
CHAPTER 6
Support Provided to City Council
Staff Support 28
Office Equipment 28
Mail, Deliveries 28
CHAPTER 7
Financial Matters
Council Compensation 29
Expenditure Allowance 29
Expenditure Guidelines 29
CHAPTER 8
Conflicts & Liability
Conflict of Interest 30
City Attorney Advice 30
Conflict of Interest Forms 31
3

Rules of Procedure of the Upland City Council
CHAPTER 1
Introduction
The Upland City Council establishes policies and priorities for the community and is responsible for the fiscal health of a public corporation.

Purpose of the Procedures Manual
City of Upland staff prepared this procedures manual to assist the City Council by documenting currently accepted practices. Through agreement of the City Council and staff to be bound by these practices, with the City Manager having overall responsibility, the effective administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. It is anticipated that this Procedures Manual may be revised from time to time.

Overview of City Documents
This Procedures Manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction is provided below.

Municipal Code: The Municipal Code contains local laws and regulations adopted by ordinances. The administration and personnel chapter of the code addresses the time and place of meetings and compensation of council members. It also describes the organization and appointment of advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws. The Municipal Code is available on the City's website.

California Government Code: The State Government Code contains many requirements for the operation of city government. Many of these requirements are also replicated within the Municipal Code to ensure there is broad awareness of such requirements. Upland is a "general law" city, which means it is organized in accordance with provisions of the State Government Code. Also described within the government code is the Council-City Manager form of government. Basically, this form of government prescribes that a city council's role is to establish polices, priorities, oversight and direction. The role of the city Manager is to carry out the mission and direction of the Council while overseeing the operations of the city government. 4

Rules of Procedure of the Upland City Council
Annual Budget: The City's annual budget provides a description of city services and the resources used to provide services. The document contains both a broad overview of the budget as well as descriptions of programs and services organized for convenience by lead department. The City operates on a July 1 through June 30 fiscal year.

General Plan: The General Plan is comprised of a number of elements, such as land use, transportation, open space and housing, in accordance with State requirements, and provides a policy framework for various matters that fall within these areas.

Orientation of New Council Members
It is important that members of the Council have an understanding of the full range of services and programs provided by the organization. As new members join the City Council, the City Manager coordinates each Council Member meeting with Department Heads to provide tours of City facilities and meetings with key staff. 5

Rules of Procedure of the Upland City Council
CHAPTER 2
Powers and Responsibilities
City Council Generally
The powers of a city council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the United State of America and State of California (California Government Code).

It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Mayor Pro Tem have some additional ceremonial and administrative responsibilities as described below, in the establishment of policies, voting and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council.

While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. In turn, it is staff's responsibility to ensure the policy of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Council Members who held a minority opinion on an issue.

Limitations are imposed on a Council Member's ability to serve on appointed boards of the city. State law expresses that no member of the Council shall serve as a voting member of any city board, committee, or commission, such as the Planning Commission, and Airport Land Use Committee, whether composed of citizen volunteers, city employees, or a combination of both.

This is not to be construed as prohibiting members of the Council from serving on committees or subcommittees of the Council itself, such as standing legislative committees, council ad hoc committees, or of agencies representing other levels of government including San Bernardino County Transportation Authority and OmniTrans, among others. In fact, Council Members participate and provide leadership in these regional meetings. Council Members should report to the Council on matters discussed at subcommittees and other regional or state board/agency/group activities in which they have been involved.

Role of Mayor & Mayor Pro Tern
Mayor: The Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. As presiding officer of the Council, the Mayor is to faithfully communicate the will 6

Rules of Procedure of the Upland City Council
of the Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes. As such, the Mayor shall be the chief spokesperson for the City, representing the City at all ceremonial events and functions, and shall issue all ceremonial proclamations, and certificates.

The Mayor, unless unavailable, shall sign all ordinances, and other documents that have been adopted by the City Council and require an official signature; except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem's signature may be used.

Mayor Pro Tern: The Mayor Pro Tem of the city shall preside over City Council meetings or serve in a ceremonial role as Mayor Pro Tern only during the Mayor's absence. The purpose of the Mayor Pro Tern is to ensure the continuity of leadership and the efficient conduct of city affairs in the absence of the Mayor.

The Mayor Pro Tem is a rotational position (Resolution No. 6478), and the new Mayor Pro Tern is ratified by the Council every December. The individual occupying this role should refrain from utilizing the title except when performing the above mentioned duties in the absence of the Mayor. Given that the position of Mayor Pro Tern is a rotational role that changes annually, no business cards, apparel, or other city-purchased items featuring the Mayor Pro Tern title shall be procured or used.

Appointment of City Manager and City Attorney
The City Council appoints two positions within the city organization: the City Manager and City Attorney. Both positions serve at the will of the City Council. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment. The City Manager is responsible for all other personnel appointments within the City.

Appointment of Legislative and Advisory Bodies
The city has a number of standing advisory bodies. The City Council has adopted, by Resolution, policies on the appointment, roles and responsibilities of the various Boards, Commissions and Committees. These procedures apply to all appointments and reappointments to standing legislative and advisory bodies.

Note that both appointed advisory bodies and legislative committees are subject to the open meetings laws commonly known as the Brown Act. A complete list of these advisory bodies and committees are maintained by the City Clerk. There is one exception to subcommittees being subject to the Brown Act: ad hoc committees consisting solely of less than a quorum of the legislative body, provided they are composed solely of members of the legislative body and provided that these ad hoc committees do not have some "continuing subject matter jurisdiction," and do not have a meeting schedule fixed by formal action of a legislative body. Ad hoc committees serve only a limited or single purpose, they are not perpetual, and they are dissolved when their specific task is completed.
7

Rules of Procedure of the Upland City Council
8

Rules of Procedure of the Upland City Council
CHAPTER 3
City Council Meetings
Agenda items
It is the responsibility of the City Manager to oversee the addition and deletion of items on the City Council agenda. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council's identified priorities or staff's work plan.

General Procedures
By resolution, the City Council adopts this document as a modified version of Roberts Rules of Order.

Presiding Officer: The Mayor is the presiding officer and acts as chair at Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tem serves as presiding officer. In the absence of both, the Council Members present shall elect a Presiding Officer for that meeting.

Seating arrangement of the Council: The Mayor, shall establish the seating arrangement for regular Council meetings.

Quorum: Three-fifths of the Council Members constitute a quorum for the transaction of Council business. If a quorum is not in attendance, those attending will be named in the minutes and the meeting will be adjourned due to lack of quorum. The City Clerk will ensure proper notice of the adjournment.

Council Member Attendance: Members of the City Council are expected to attend all meetings. If a Council Member is unable to attend a meeting they should inform the Mayor and City Manager as soon as possible.

Additionally, if a Council Member has unexcused absences from three (3) consecutive regular meetings or half or more of all regular meetings held in a given calendar quarter of the calendar year, then the City Council may declare the absent Member's seat abandoned and vacant [California Government Code § 36513(a)]. An absence will be considered unexcused unless the City Council finds that at the time of the absence the Council Member was performing services for the city, was ill or on sequestered jury duty or the absence was due to a hardship deemed acceptable by the City Council.

City Manager Attendance: The City Manager shall attend all meetings of the Council unless excused. In his/her absence, the City Manager shall designate a substitute. The 9

Rules of Procedure of the Upland City Council
City Manager may make recommendations and have the right to take part in all discussion of the Council when recognized by the Mayor to do so, but shall have no vote.

City Attorney Attendance: The City Attorney shall attend all meetings of the Council unless excused. In his/her absence, the City Attorney shall designate a substitute. The City Attorney shall give opinions, either written or oral, on questions of law and shall act as the Council's parliamentarian.

City Clerk Attendance: The City Clerk shall attend all meetings of the Council unless excused by the City Manager. In his/her absence, the Deputy City Clerk will attend as the substitute. The City Clerk shall prepare and post the agenda, record, prepare and maintain the official record of the Council, and perform other related duties as prescribed.

Department Heads/Employee Attendance: Department Heads and City employees, as directed by the City Manager, shall attend Council meetings.

Media Attendance: In accordance with the Brown Act, all meetings of the City Council and City Boards/Commissions (except closed sessions as authorized by State law) shall be open to the media, and may be recorded and/or broadcast by tape, radio, television or photography, provided that the manner in which such recording or broadcast is made does not unreasonably disrupt the meeting.

Minutes of Proceedings: An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council. The minutes shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The minutes shall be available for inspection by the public.

Right of Floor: A Council Member desiring to speak shall first be recognized by the Mayor and shall confine his/her remarks to the subject under consideration.

Preservation of Order: The Mayor shall preserve strict order and decorum, and shall confine debate to the item under discussion.

Point of Order: The Mayor shall determine all points of order, subject to the right of any member to appeal the decision to the full Council. If an appeal is taken, the question to the Council may be: "Should the decision of the Mayor be sustained?" Rules of Order: Except in cases of conflict with these Rules or the Brown Act, the current official edition of Robert's Rules of Order shall govern the proceedings of the City Council.

Motion and Vote to be Stated: The Mayor, or a Council Member designated by the Mayor, shall state any motion submitted for a vote, and the Mayor shall announce the result of all votes. A roll call vote shall be taken by the City Clerk upon the request of any Council Member.
10

Rules of Procedure of the Upland City Council
No Secret Ballots or Voting: Except as otherwise allowed by the Brown Act, all votes shall be conducted in public and the Council shall not take any action by secret ballot, whether preliminary or final. All actions of the Council require a majority affirmative votes.

Meeting Schedule
All meetings of the City Council (except closed sessions authorized by State law) shall be open to the public. No member of the public may be required, as a condition of attendance at a Council meeting, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any other condition precedent to his/her attendance.

Regular meetings are usually held in the Council Chamber, 460 N Euclid Avenue, on the second and fourth Mondays of the month. If Closed Session is required the meeting is called to order at :00 p.m. (this may be adjusted to a later time based on the number 1 of items on the Closed Session portion of the agenda) and regular sessions convene at 76:00 p.m. The second Council meeting in August and December are permanently 1 cancelled by Resolution of the City Council.

If a Council meeting falls on a City recognized holiday, the meeting will be held the following day. Council Members should inform the City Manager as soon as possible if they intend to be out of town on a set meeting date. On occasion, arrangements may be made in order for Council Members to remotely participate in Council meetings by telephone conference call when out of town, as spelled out in the Brown Act.

Special Meetings
Special meetings may be called by the Mayor or by a majority of the City Council, in accordance with the Brown Act. The call for a special meeting shall specify the date, place, and time of the meeting, and all items of business to be considered. At least twenty- four (24) hours written notice of the special meeting shall be delivered to and received by all Council Members, to each local newspaper of general circulation, and to each radio and television station that requested such notice in writing. The notice of special meeting shall also be posted outside of City Hall, at the Public Library, and on the City website.

Only those matters specified in the call for the special meeting may be discussed at the meeting. Every notice of a special meeting at which action is proposed to be taken on an item shall provide an opportunity for members of the public to address the Council directly on that item before action is taken.

Adjourned Meetings
Any meeting of the City Council may be adjourned by a majority vote to a later date, place, and time, provided that no adjournment is for a period beyond the next regular meeting.

The Clerk shall conspicuously post the notice or order of adjournment at the front entrance of City Hall and send a copy thereof to the Public Library within 24 hours of adjournment of the meeting.
11

Rules of Procedure of the Upland City Council
Development of Agenda
The City Clerk will provide staff with a yearly meeting calendar identifying meeting dates and agenda deadlines to aid staff with planning and scheduling. Staff reports for agenda packets must be completed and approved by the Department Head no later than seven days before the meeting. The staff reports are then routed through the Finance OfficerManage,, City Clerk, and Assistant City Manager for review, before final approval by the City Manager.

Given this agenda development schedule, it is extremely difficult when Council requests at a Monday meeting that a report be prepared for consideration at the following regular meeting. Preparation of an agenda item which includes vetting by the appropriate staff and possibly the City Attorney takes a considerable amount of time. Complex reports, of course, will require even greater time to prepare. As such, new agenda items requested by Council will be brought back to Council no less than two council meetings later. Among other considerations, the ability to schedule new agenda items depends on, the nature of the item itself, required public noticing, other agenda subjects that are already scheduled, and the amount of time available in a Council meeting. On occasion there will be an item of an extraordinary nature necessitating quick resolution. Staff will strive to bring that item back to Council as soon as possible.

A draft of the agenda for each regular Council meeting shall be prepared by the City Clerk under the direction of the City Manager. The final agenda shall be posted and delivered to the Mayor, Council Members, and the members of the public requesting agenda notifications, the Wednesday preceding the regular Monday meeting.

Placing Items on Agenda
City Council: A Council Member may request an item be considered on a future agenda and, a minimum of one other Council Member supporting the request is required before placement of the item on an agenda. Council Members may make this request verbally during a meeting or may submit written requests. A Council Member request made outside of a meeting shall be made to the City Manager. Each Council Member requesting or supporting placement of an item on the agenda may contact the City Manager, or, one Council Member may contact the City Manager and name any other Council Member supporting the request, for verification. The City Manager shall determine on which meeting agenda the item will be placed. The City Manager has the authority and discretion to determine selection and scheduling of agenda items other than Council Member requests.

Emergency and Subsequent Need Items: Emergency and subsequent need items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies. Adding an emergency item requires a majority vote.

Emergency items are very rare. After the agenda is posted an item (subsequent need) arises that requires Council action. Subsequent need items may be added to the agenda only if the Council makes findings that (1) the need to consider the item arose after the 12

Rules of Procedure of the Upland City Council
posting of the agenda; and, (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by two-thirds (2/3) vote; if less than five members of Council are present, the findings require a unanimous vote of those present.

Notification and Advertising
The City Clerk and City Attorney shall provide any and all assistance required to assure that all necessary legal requirements are satisfied.

The process of publication includes posting the agenda near the front entrance of Upland City Hall, on the bulletin board at the Upland Public Library, on the City website, and the requested public distribution email list at least 72 hours before any regular meeting and 24 hours before a special meeting. Included in this publication is the time, date, and location of the meeting and a brief description of each item of business to be transacted or discussed at the meeting, including closed session items, and any other information required by law.

Order of Business
The order of the agenda is as follows:

Normally, at 54:00 pm, or later based on the number of items on the Closed Session 1 portion of the agenda the Council will convene, with a public Call to Order; Roll Call; and Oral Communications regarding Closed Session agenda items. The Council will then recess to Closed Session. If any Closed Session agenda item has not been completed in the time allotted, then the Council may carry it over to a later time during the meeting, and/or to another regular or special meeting of the Council.

Normally, at 67:00 p.m., the Council will reconvene in Open Session. Regular meeting 1 agenda items are listed on the agenda in the following order (which may be changed at the discretion of the Mayor):

1. Call to order and roll call

2. Additions — deletions to the agenda

3. Oral Communications. Public comment on closed session agenda items only

4. Closed Session items

5. Invocation

6. Pledge of Allegiance

7. Presentations
13

Rules of Procedure of the Upland City Council

8. City Attorney, the City Attorney will announce any reportable Closed Session actions at this time.

9. Oral Communications. This is the time for citizens to comment on items listed or not listed on the agenda. Speakers requesting to speak on Public Hearing items will be called during the public hearing.

10.Consent Calendar.

11.Public Hearings.

12.Council Committee Reports. The Chair of any legislative committee that has met since the previous Council meeting will report out on the meeting. This is an information item only. Any items from the legislative committee meeting that has been forwarded to the City Council for action will be placed under an appropriate agenda category for action by the City Council.

13.Business items.

14.Council Communications. Each Council Member will be called on by the Mayor and given the opportunity to provide information on their activities in the community. Each Council Member will also provide a report out on any regional meeting or conference they may have attended using agency funds (Government Code Section 53232.3.(d)).

15.City Manager.

16.Adjournment.

The following section describes the various types of meeting components Closed Sessions (closed to the public): The ability of the City Council to conduct sessions not open to the public is restricted by state law to ensure open proceedings.

Certain defined circumstances exist wherein a city council may meet without the public in attendance. While the Government Code allows for various reasons permissible for closed session, some of the major reasons include:

Real Property: The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s)with whom the City may negotiate must be announced in open session prior to the closed session (Cal Govt Code 54956.8).

Litigation: Pending or a significant exposure to litigation or the decision to initiate litigation; the litigation title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiations or effectuate service of process. 14

Rules of Procedure of the Upland City Council
Compensation: Salaries and benefits of employees; Council meets in closed session to review its position and instruct designated representatives (Cal Govt Code §54957.6).

Personnel: A closed session is held to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear a complaint against the employee unless the employee requests a public hearing (Cal Govt Code §54957).

It is critical to stress that there shall be no disclosure of closed session confidential information. Members of the Council, employees of the City, or anyone else present shall not disclose to any person, including affected/opposing parties, the press, or anyone else, the content or substance of any discussion which takes place in a closed session without Council direction and concurrence. Whenever possible, written reports received for closed session items will be turned in at the end of the meeting.

Typically, closed sessions will be scheduled prior to the public portions of the meeting or at the end of the meeting after public business has been concluded. This is done so public portions of the meeting are not interrupted by closed sessions. In addition, such sessions may require the attendance of special legal counsel and consultants. In an attempt to manage the costs of these professionals, it is beneficial to conduct closed sessions at a time certain. On occasion, during the course of a regular meeting, an issue arises that requires the Council to adjourn to a closed session on the advice of the City Attorney.

Public Comment: During the oral communications portion of the meeting, any person may address the Council on any item listed on the agenda (with the exception of public hearing items) or any item of interest to the public, provided that the item is within the subject matter of the jurisdiction of the Council. Except as allowed by the Brown Act, no action shall be taken by the Council on any item not on the agenda.

When written materials are presented, they should be submitted to the City Clerk for distribution and record keeping. Comments are typically limited to three minutes per speaker so that all have an opportunity to address the Council. However, the Mayor may reduce the time depending on the number of speakers wishing to address the City Council. Speakers will be given five minutes during public hearings.

All remarks shall be directed to the Mayor and the Council as a body, and not to any particular Council Member, or member of staff. No person, other than members of the Council and the person having the floor shall be permitted to enter into the discussion unless requested by the Mayor to speak. No member of the public shall direct questions to Council Members individually, or to members of staff, except through the Mayor.

Persons making impertinent or slanderous remarks, or who become boisterous so as to disrupt the meeting, may be requested by the Mayor to leave. The Mayor shall discourage demonstrations before the Council, such as applauding or "booing." Upon instructions by the Mayor, a police officer may be called for the purpose of removing any person who, in 15

Rules of Procedure of the Upland City Council
the Mayor's judgment, is disrupting the meeting. Persons ejected for disrupting Council meetings shall be subject to prosecution for violation of Penal Code Section 403 and/or the Brown Act.

Any person may submit written comments to the Council through the City Clerk or City Manager's Office, and request that members of the Council receive copies of such materials in the agenda packet, provided that such materials are received in sufficient time to be included for distribution in the agenda packet. Otherwise, such materials shall be distributed prior to or at the meeting during which the subject matter will be considered.

The Clerk shall charge for the cost of reproducing copies of such written materials if they are in excess of three (3) pages.

Videos, PowerPoint or similar presentations may accompany in-person testimony but are subject to the same speaking time limits. Prior notice and coordination with the City Clerk is strongly encouraged and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting. Speakers are to address their comments to the City Council from the podium.

Consent Calendar: Those items on the Council agenda that are considered to be of a routine and non-controversial nature by the City Manager are placed on the "Consent Calendar." These items shall be approved, adopted, accepted, etc., by one motion of the Council. Typical consent calendar items include the final reading and adoption of ordinances, agreements, awards of contracts, minor budgetary adjustments, meeting minutes, approval of warrants and payroll registers, committee appointments, status reports, Capital Improvement Projects under $1,000,000 and reports of routine city operations.

Council Members may request that any item listed under"Consent Calendar" be removed from the Consent Calendar, and Council will then take action separately on this item.

Items that are removed ("pulled") by members of the Council for discussion will be heard after other Consent Calendar items are approved.

Council Members are encouraged to contact the City Manager's office prior to 12:00 noon on the day of a Council meeting day to provide notification of items to be removed from the Consent Calendar. This practice allows the City Manager to notify staff that may need to be present to respond to removed items.

Staff Reports: Staff Reports provide an opportunity for the City Manager and Department Directors to address the Council on matters shown on the agenda and are normally taken in the order listed.

Public Hearing: In the case of public hearings, once the Council has voted to close the hearing, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the presiding officer (Mayor). Procedures regarding public hearings are as follows:
16

Rules of Procedure of the Upland City Council

1. Staff presents their reports and written comments previously submitted to staff or the Clerk (e.g. letters, protests, and the like) are noted in the record.

2. Staff responds to Council Member questions.

3. The Mayor opens the public hearing.

4. The public hearing is an opportunity for the applicant and members of the public to testify in support or in opposition to the matter being heard.

5. The City Clerk will call members of the public who have requested to speak during the public hearing. Speakers are given 5 minutes (this time may be reduced at the discretion of the Mayor if a large number of citizens have requested to speak).

6. After the Mayor has determined that no other member of the public wishes to speak, the Mayor will close the public hearing, and the item shall be returned to the Council for deliberation and vote.

Order of Presentation of Agenda Items

1. The Mayor asks the Clerk to introduce the agenda item.

2. The relevant City Staff as identified in the agenda item presents a `brief' overview of the specific agenda item.

3. The floor is returned to the Mayor.

4. The Mayor entertains questions of Council.

5. The Mayor will call on each Council Members for comments/questions and/or closing remarks associated solely with the specific agenda item.

6. The Mayor asks for a motion and second based on the recommendation of City Staff and/or Council desire. The Mayor shall then call for a vote on motions properly made and seconded. The Mayor shall be in charge of making a record and/or providing said wording when requesting motion. Requests for additional wording may be entertained in the form of a motion. The Mayor will announce the result of the vote.

7. If a motion fails, the Mayor may request another motion.

8. When the Council has completed its consideration of an agenda item, then the Mayor shall call the next agenda item.
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Rules of Procedure of the Upland City Council
Ordinances, Resolutions, and Contracts
Ordinances are prepared in the format approved by the City Attorney's office and reviewed by the City Attorney. Unless a member requests full reading, a proposed ordinance will be read by title only. An affirmative vote of at least three members of the full Council shall be necessary to adopt any ordinance. Urgency ordinances and supplemental appropriations must be adopted by at least a four-fifths (4/5) vote of the full Council. All ordinances are signed by the Mayor (or Mayor Pro Tem in the Mayor's absence). The City Clerk will attest to all ordinances.

The City Clerk will assign a number to the ordinance, and publish and post the ordinance, or a summary thereof, as required by law. Summaries are written by the City Attorney.

The ordinance shall be filed and preserved in the City Clerk's office.

Resolutions are prepared in the format approved by the City Attorney's office. The City Clerk will assign a number to the resolution. The resolution will be filed and preserved in the City Clerk's office. All resolutions are signed by the Mayor (or Mayor Pro Tern in the Mayor's absence). The City Clerk will attest to all resolutions.

Contracts are prepared in the format approved by the City Attorney's office. The Mayor will sign all contracts that exceed the City Manager's signing authority unless the Council authorizes the City Manager to execute the contract.

Discussion Rules
To assist the City Council in the orderly discussion of items, rules are followed which represent accepted practices for the management of Council meetings.

A. Interruptions:
1) Once recognized, a Council Member is considered to have the floor, and another Council Member may not interrupt the speaker except to make a point of order. In such a circumstance, the Council Member holding the floor shall cease speaking until the point of order is resolved.
2) Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor.

B. Discussion: A Council Member should not speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process and may ask the City Manager to respond when appropriate. The Mayor normally allows other members to speak first, then will give his/her views and summarize.

C. Tabling Procedure: Tabling an item immediately stops discussion and causes a vote to postpone the item indefinitely or to a time and date certain. A motion to "continue" an agenda item has the same effect, but is generally used when a 18

Rules of Procedure of the Upland City Council
scheduling problem arises or when insufficient time is available to address the matter thoroughly.

Voting Procedures
When present, all Council Members are to vote.

Council Members wishing to abstain from a particular vote shall orally state their abstentions.

No ordinance, resolution or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present or as required by law.

A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Council Member will step down from the dais and leave the Chamber.

Upon the request of any Council Member, a roll call vote will be taken and recorded by the Clerk on the motion before the Council. The Mayor's name shall be called last with other member's names called at random by the City Clerk. Members shall not give explanations for their vote during a roll call.

Tie Vote: A tie vote is equivalent to a motion that has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct the City Attorney to do so.

Rules of Debate: The Mayor as presiding officer may move, second, and debate items from the Chair, and shall not be deprived of any rights or privileges of a Council Member.

When a motion is before the Council, no other motion shall be entertained except:

A. Motion to Amend. Amendments that modify a motion on the floor are in order and may be debated only if the modification does not significantly alter the substance of the original motion. The proposed amendment is voted on first; the main motion is voted on last (as amended or in its original form if the amendment is defeated).

A motion may be amended more than once with each amendment being voted on separately. There shall be only one amending motion on the floor at any time.

B. Motion to Postpone. A motion to postpone the debate indefinitely is always in order and is subject to debate. If such a motion is adopted, then the discussion on the issue before the Council ends with no further discussion. A motion to postpone to a definite time is always in order, but is not subject to debate except as to the proposed continued date. If such a motion is adopted, then the discussion on the issue is delayed to a later date.

C. Motion to Table. A motion to table is always in order. It is not subject to debate or to amendment. The purpose of a motion to table is to bypass the item temporarily.

If a motion to table is adopted, the item may be taken from the table at any time 19

Rules of Procedure of the Upland City Council
prior to adjournment of the next regular meeting. Items that are tabled shall automatically be set on the agenda for the next regular meeting. If the item is not taken from the table within the time specified, the principal question is lost.

Continuation of an Item: Any Council Member may, request to continue an item that is not subject to a deadline to the next regular Council meeting. This continuance may be overruled by majority vote of the Council Members present.

Any person may request continuance of an item. The Council, by majority vote of those present, may grant the continuance.

Other Guidelines
Other guidelines have been developed to ensure that meetings of the Council are conducted in a civil and professional manner. Council Members and staff shall:

A. Work to preserve appropriate order and decorum during all meetings.

B. Discourage side conversations, disruptions, interruptions or delaying efforts.

C. Limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or profane behavior to order. If such conduct continues, the Mayor may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action. The Council has a policy to discourage applause, booing or other similar behaviors from the public during meetings.

D. Limit breaks of the City Council to 5-10 minutes. The Mayor may resume the meeting if a quorum exists and other members have not returned from the break within the announced time period.

E. Impose time limits on speakers. While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must, at times, be limited. Typically, speakers are limited to three (3) minutes (speakers are given five (5) minutes during public hearings) but a shorter time limit may be established as deemed necessary.

Values of Respect:The City Council has also recognized the importance of approaching the public's business in an environment of personal respect and courtesy, which places emphasis on the consideration of policy and avoids personalization of comments. Some guidelines utilized by the City Council include:

A. Discussion should focus on policy matters
B. Personal criticism of members is inappropriate
C. Proper decorum should be displayed as other members express their views 20

Rules of Procedure of the Upland City Council
D. Treat members of the public equally, applying rules in a fair and consistent manner Open Meeting Laws ("The Brown Act")
Operations and procedures of the City and City Council incorporate requirements of the state's open meeting law (commonly referred to as the Brown Act). Because this law is such an important part of local government operations, some specific requirements of the law are highlighted below.

Applicability and Penalties: The entire city organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Section 54950. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings.

A. Applicability: The Act applies to Council and all commissions, boards and Council appointed subcommittees (except ad-hoc committees comprised of less than a quorum of the legislative body. Staff cannot promote actions that would violate the Act.

B. Meetings: All meetings shall be open and public. A City Council meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions (e.g., receptions, community events) do not fall under the Act unless city business is discussed.

Serial meetings take place when any member of Council or city staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council. This restriction does not apply to the public or media who may contact Council Members. Note that the Brown Act applies to City Council Members immediately after their election and prior to their swearing-in ceremony.

C. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet legal requirements.

D. Actions: No action can be taken on any item not appearing on the posted agenda.

Exceptions

1. An emergency situation exists (determined by a majority of the Council).

2. The need to take action arose subsequent to the agenda being posted and there is a need for immediate action (determined by 2/3 vote of the Council; or if less than 2/3 are present, by unanimous vote).

3. The item was continued to another meeting that was scheduled and posted within 5 days of the original agenda.
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Rules of Procedure of the Upland City Council
E. Public Input: The public, by law, has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, before the matter is heard. The Mayor has the right to establish a time limit on speakers.

F. Public Disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. (Government Code Section 54957.9) G. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records.

H. Special Meetings: Special meetings may be called by the Mayor or majority of the Council with strict notification requirements for delivery to the media and Council 24 hours before the time of the meeting.

I. Emergency Meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings.

J. Other Provisions: The Act provides many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Please check with the City Attorney and/or the City Clerk for more information. 22

Rules of Procedure of the Upland City Council
CHAPTER 4
Council Communications
Overview
Perhaps the most fundamental role of a Council Member is communication— communication with the public to assess community opinions and needs— communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking as a Council Member. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.

Correspondence from Council Members
Members of the City Council may occasionally be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council.

Correspondence sent on behalf of the Council is placed on official City letterhead and is signed by the Mayor or City Manager. Individual members of Council may prepare letters to constituents in response to inquiries or to provide requested information. Individualized City Council Member correspondence is not prepared on City letterhead.

On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position.

In these circumstances, members should clearly indicate within the letters that they are not speaking for the City Council as a whole, but for themselves as one member of Council.

Speaking for "The City"
Similar to written correspondence, when members are requested to speak to groups or are asked the Council's position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, "While I voted against "X", the City Council voted in support of it." When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council's position rather than that of an individual member.

When dealing with members of the media, it is usually the Mayor or City Manager who represents the position and interest of the City. A Department Head may be authorized to speak on issues within their expertise.
23

Rules of Procedure of the Upland City Council
It is the duty of the City Manager to coordinate press and news media releases on behalf of the City Council. Councilmembers who wish to issue press releases regarding individual issues of concern should be clear in their remarks that they are not speaking for the City Council as a whole. Councilmembers are encouraged, to have the City Manager's office review individual press releases before they are released to the public.

Copies of all press releases shall be forwarded to the City Manager's office and the City Clerk, as they are considered public records subject to retention rules and disclosure under the Public Records Act.
24

Rules of Procedure of the Upland City Council
CHAPTER 5
Interaction with City Staff
Overview
City Council policy is implemented on a daily basis through staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so that policies and programs may be implemented successfully. To maintain effective relationships, it is important that roles are clearly recognized.

Council-Manager Form of Government
Like most California cities, Upland has adopted a City Council-City Manager form of government. The Council appoints a City Manager to implement policy, to direct the daily operations of city government, and to prepare and monitor the municipal budget. Council Members work through the City Manager in dealing with City staff. The City Manager is responsible to the City Council as a body rather than to individual Council Members.

Council-Manager Relationship
The employment relationship between the City Council and City Manager reflects the fact that the City Manager is the chief executive officer of the City. The City Manager has an employment agreement with the City Council. Regular communication between the City Council and City Manager is important in maintaining effective interpersonal relations. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Council Members should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Further, Council Members should avoid involving themselves in matters regarding individual City employees or related affairs.

As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with City Council in various ways. In addition to the formal Council meetings, there are regular briefing meetings with individual Council Members, written memoranda, and email. Communication must be undertaken in such a way that all Council Members are treated similarly and kept equally informed. It is also important that the Council provide ongoing feedback, information and perceptions to the City Manager including responses to written communications and requests for feedback. 25

Rules of Procedure of the Upland City Council
City Council-City Attorney Relationship
The City Attorney is the legal advisor for the Council, City Manager and departments. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City's interest, as determined by the City Council, in litigation and similar proceedings; 3) prepare and/or review ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole.

Roles and Information Flow
Objectives: It is the intent of staff to ensure Council Members have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the Council as a whole without fear of reprisal.

Council Roles: The City Council is the City's legislative and policymaking body. Acting as a whole, the City Council is responsible for passing ordinances and resolutions necessary for governing the City, as well as setting the direction of City policy.

Should a Council Member become dissatisfied about a department, they should always talk it over with the City Manager, not the Department Head. Concerns about a Department Head must be taken to the City Manager.

Access to Information: Individual Council Members as well as the Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager will inform council when a critical or unusual event occurs about which the public would be concerned.

To assist the City Manager in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through email.

There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City's ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council.
26

Rules of Procedure of the Upland City Council
It is critical that the Council Members make use of staff reports and related attachments in the Council packets. Council Members should come to meetings well prepared — having read staff reports and attachments; and requesting in advance any necessary and available information from the City Manager. If a Council Member has questions on an agenda item, that member should preferably contact the City Manager or the relevant department head prior to the meeting in order to allow staff time to research a response for the meeting.

Staff Roles: The Council recognizes the primary functions of staff as serving the community and executing Council policy and actions. Staff takes guidance and direction from the City Manager who operates at the guidance and direction of the Council.

City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance. Any request that would take one hour or more of staff time to complete should be made directly through the City Manager.

Dissemination of Information
In cases where a staff response to an individual Council Member request involves written materials that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, and otherwise not available to the Council or of interest to the Council.

Staff Relationship with Advisory Bodies
Staff liaisons provide support and assistance to committees and task forces. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager. The members of the board/committee are responsible for the functions of the advisory body.

Staff support includes preparation of an agenda and its posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation, and appropriate backup materials, if necessary.

Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The staff liaison serves as secretary, taking minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.
27

Rules of Procedure of the Upland City Council
CHAPTER 6
Support Provided to City Council
Staff Support
General administrative support to members of the City Council, such as assistance with ordering business cards, scheduling of appointments and receipt of telephone messages, is provided through the City Manager's Office. Should a Council Member require assistance with a task that requires a significant time commitment, prior consultation with the City Manager is required.

Office Equipment
To enhance Council Members' ability to communicate with staff and the public, the City Council are provided with an iPad, cell phone, and City email address.

These technologies facilitate efficient communication by Council Members. However, their use also raises important legal issues to which Council Members must pay special attention. First, the Brown Act prohibits members from using "technological devices" to develop a concurrence by a majority regarding an action to be taken by the Council. "Technological devices" under the Brown Act include phones, computer email, and social media. Council Members should not use e-mail or phones for communicating with other Council Members in order to develop a majority position on any particular issue that may come before the full Council.

Be aware that most emails sent by Council Members probably are public records under the Public Records Act. Even though it does not create paper, sending email is more similar to mailing a letter than placing a telephone call. The information in the email is stored on the computer network until deleted, and may continue to exist on the network's back-up systems even after being deleted. As a result, emails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act. This applies to the conducting of City business on a private email account and texts messages as well.

Finally, the City's email system is intended for the conduct of official business, and not for political reasons. See CHAPTER 7 for a detailed discussion on the prohibition against using City property and funds for personal or political purposes.

Mail, Deliveries
Members of the City Council receive mail and other materials from the public, private interests and staff. The City Manager's Office has an inbox for each Council Member. 28

Rules of Procedure of the Upland City Council
CHAPTER 7
Financial Matters
Council Compensation
State law and the Upland Municipal Code provide for modest compensation to members of the City Council. Currently, Council Members receive a stipend of $ per month. Per Upland Municipal Code Section 2.02.080 the Mayor is paid a supplemental salary of $100 per month in addition to salaries paid to other City Council Members.

Council Members also receive a car allowance of $500 per month ana a neaitn benefits cafeteria allowance._Additionally, the City may budget for travel and training required of Council members. Such expenditures should correlate with a Council Member's Council responsibilities.

Expenditure Allowance
The annual city budget includes limited funding for members to undertake official City business. Eligible expenses include travel for attendance at conferences or educational seminars, and the purchase of publications and annual subscriptions. Travel expense reimbursement for meals does not allow reimbursement for alcohol. Donations to organizations are not eligible nor are meals for individuals other than Council Members.

Expenditure Guidelines
It is important to note that any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen.

City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Manager's Office with receipts. Expenditure records are public information. 29

Rules of Procedure of the Upland City Council
CHAPTER 8
Conflicts & Liability
Conflict of Interest
State laws are in place to prevent an action by a Council Member that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a Member believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member's potential conflict. Laws that regulate conflicts are very complicated.

Violations may result in significant penalties including criminal prosecution.

There are two three primary laws that govern conflicts of interest for public officials in California - the Political Reform Act, and Government Code §10901 and the Levine Act.

In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from having an interest in government contracts; the Levine Act prohibits a public official from participating in decisions if they have received a certain level of contributions from the party or its agent(s).

The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. Once a year Council Members and certain staff are required to file statements of economic interests.

Government Code §1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by§1090 are different from those in the Political Reform Act. A Member having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating §1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the Council, the Member should immediately seek advice from the City Attorney or the Member's personal attorney.

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits Council Members from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. The Levine Act also requires a member of the City Council who has received such a contribution to disclose the contribution on the record 30

Rules of Procedure of the Upland City Council
of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

There are a number of other restrictions placed on Council actions that include prohibitions on secrecy and discrimination as well as assurance that all city funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual Council Members.

City Attorney Advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations on such matters is the State Fair Political Practices Commission (FPPC).

It is important to note that the City Attorney does not represent individual members of Council, but the City Council as a whole.

Conflict of Interest Forms
Annual disclosure statements are required of all Council members, designated commissioners and designated staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. Council Members and the City Manager often serve on the governing board of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.
31

4,a trpl CITY
UPLAND
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"The City of Gracious Living"
Staff(krctill
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DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDER ADOPTION OF THE FIVE-YEAR DEVELOPMENT IMPACT FEE REPORT AND RECEIVE AND FILE THE FY 2023-24 QUIMBY AND DEVELOPMENT IMPACT FEE

ANNUAL REPORTS
RECOMMENDED ACTION:

It is recommended that the City Council adopt the Five-Year Development Impact Fee Report in accordance with Assembly Bill 1600 for Fiscal Year 2024-25; and receive and file the FY 2023-24 Quimby and Development Impact Fee annual reports.

GOAL STATEMENT
The proposed action supports the City's goal of being fiscally conservative and utilizing city assets in the best possible way.

BACKGROUND
A Development Impact Fee(DIF)is a monetary exaction charged by a local government to a developer in connection with the implementation of an approved development project. DIF's can vary widely between jurisdictions because of differing facility needs. With the passage of Assembly Bill (AB) 1600, known as the 1987 Mitigation Fee Act (Government Code Section 66000 and following), the State recognized the burden on local governments from the rising costs associated with needed infrastructure and population increases associated with new development. The Mitigation Fee Act secured a system for identifying and collecting specific fees, dedications,reservations,and other exactions that local jurisdictions could regularly impose when properties are developed.

On December 7, 1987,using the authority of the Mitigation Fee Act,the City Council adopted Ordinance No. 1414 which provided for park acquisition and development,street and traffic facilities development and storm drain DIF to be established to mitigate impacts of development on the community and its infrastructure.

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 DIF (Park, Traffic and Storm Drain), fees for General, Fire,Police,Water and Sewer were established. These fees took effect January 1,2007.

On December 13, 2021, the City Council approved a Professional Services Agreement with DTA to conduct a Comprehensive DIF Study.

On December 22,2022,the City Council received and filed the Quimby Fees annual reports from 2007 to 2022.

On April 22,2024,the City Council received and filed the AB 1600 DIF annual reports from 2007 to 2023.

On September 9, 2024, the City Council established the Fire DIF fund (Fund 418) to address the remaining upsent funds.

On October 28, 2024, the City Council adopted the Development Impact Fee Nexus Study in accordance with Assembly Bill 1600 and adopted the Public Facilities Development Impact Fee Schedule.

ISSUES AND ANALYSIS
Fiscal Year 2024-25 Five-Year DIF Report
In accordance with Government Code Section 66001,the City must develop a five-year report,and update every five years thereafter, making the following findings with respect to any remaining funds in the fee account,regardless of whether those funds are committed or uncommitted:

Requirement 1.Identification of the purpose to which the fees are to be put.

The purpose of the Impact Fees imposed and collected on new development within the City is to fund the additional public facilities needed to serve the new development within the City. The fees were updated in October 2024 and that report serves to further identify the specific purpose of each fee.

Requirement 2. Demonstration of a reasonable relationship between the fee and the purposes for which they are charged.

There is a roughly proportional,reasonable relationship between the new development upon which the DIF are charged and the need for additional public facilities by reason of the fact that additional residents and employees will be generated by additional development within the City and the City does not have the capacity in its existing public facilities to accommodate these new residents and employees.DIF charged on new development will be used to fund additional public facilities that are needed to serve the residents and employees generated from new development.By charging the fee based on the additional demand created by each land use,the fees directly correlate to the demand created by each new development.The City's October 28,2024 Development Impact Fee Update contains a full nexus for each fee and the methodology that was used to spread the required facilities to each land use.

Requirement 3. Identification of all sources and amounts of funding anticipated to complete financing in incomplete improvements identified as part of the City's annual report.

Table 2 is a summary of the amount of fees on hand for each fund as of June 30,2024,as well as the estimated cost of future projects and necessary fee funding. These projects represent the City's three-year CIP and any additional projects will be included through the City's CIP process.

Table 2:Fee Balance and Anticipated Future Expenses
FY 2024-25 Beginning FY 2024-25—FY 2028-29
Fund 1111rFee Category
Fund Balance Future Project Costs
420 General Facilities $396,077.12 $510,000 418 Fire $64,279.00 $64,279
419 Police $947,192.76 $925,000
424 Parks $682,604.04 $700,000
423 Transportation $442,151.87 $649,000
638 Water $269,631.51 $525,000
646 Sewer $554,052.74 $760,000
422 Storm Drain $2,188,133.72 $2,450,000
Requirement 4.Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund.

Table 3 shows the approximate fiscal years in which the funds are expected to be available for the Public Facility of all projects identified by the City. These projects represent the City's three-year CIP and any additional projects will be included through the City's CIP process.

Table 3:Projected Spending by Fiscal Year
Fund Fee Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 420 General Facilities $400,000 $50,000 $20,000 $20,000 $20,000 418 Fire $64,279 $0 $0 $0 $0
419 Police $585,000 $85,000 $85,000 $85,000 $85,000 424 Parks $30,000 $620,000 $50,000 $0 $0 423 Transportation $325,000 $0 $200,000 $62,000 $62,000

638 Water $0 $150,000 $0 $0 $375,000 646 Sewer $0 $150,000 $0 $0 $610,000 422 Storm Drain $300,000 $150,000 $0 $2,000,000 $130,000 The DIF five-year report for Fiscal Year 2024-25 through Fiscal Year 2028-29 is Attachment 1 to this report.

Fiscal Year 2023-24 Annual DIF Report
Per Government Code 66006(b),the City is required to report each year on the activity of the various DIF funds. The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee,the amount of the fee,the beginning and ending balances,fee revenues collected, interest earned,and the expenditures on each project including the percentage that was funded with fees.

Table 1:Fiscal Year 2023-24 DIF Fund Balance
City of Upland
P81600 Development Impact Fee Annual Report
Pursuant to Government Code Section 60066
For Fiscal Year Ended Jane 30,2024
Revenues
Fund Balance Developer Other/ Project Fund Balance Fund Development Impact Fee Purpose July 1,2023 Impact Fees Interest Miscellaneous Expenditures June 30,2024 420 General $ 331,974.68 $ 21,513.41 $ 42,589.03 $ - $ - $ 396,077.12 419 Police $ 938,759.55 $ 19,537.74 $ 17,195.09 $ (23,486.20) $ 4,813.42 $ 947,192.76 418 Fre $ 318,428.00 $ - $ - $ - $ 254,149.00 $ 64,279.00 422 Storm Drains $3,720,735.95 $ 61,183.72 $ 115,834.79 $ 235,557.58 $1,945,173.32 $ 2,188,133.72 638 Water $ 190,831.18 $ 79,950.16 $ 3,782.67 $ (4,932.50) $ - $ 269,631.51 646 ewer $ 517,078.00 $ 40,433.07 $ 9,536.06 $ (12,994.39) $ - $ 554,052.74 423 Street&Traffic Facility Development $ 319,386.00 $ 38,917.48 $ 24,095.71 $ 72,386.83 $ 12,634.15 $ 442,151.87 424 Park Acquisition&Development $ 672,450.34 $ 14,659.00 $ 12,319.67 $ (16,824.97) $ - $ 682,604.04 $7,009,643.70 $ 276,194.58 $ 225,353.02 $ 249,701.35 $2,216,769.89 $ 5,544,122.76 The DIF annual report for Fiscal Year 2023-24 is Attachment 2 to this report.

Fiscal Year 2023-24 Annual Quimby Report
While the Quimby Act doesn't specify any reporting requirements,Government Code section 66477(6)(A)states"the city, county, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule specifying how,when,and where it will use the land or fees,or both,to develop park or recreational facilities to serve the residents of the subdivision".

The Quimby annual report for Fiscal Year 2023-24 is Attachment 3 to this report.

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 report.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

OF IIAZ
` ' •� Development Impact Fee Five-Year Report
�' Fiscal Years 2024-2025 through 2028-2029
1LI-,8.

On October 11, 2023, Assembly Bill 516 passed amending the Mitigation Fee Act (AB 1600) commencing with Government Code Section 66000. A local agency is required to make all of the following findings with respect to each development impact fee account or fund with respect to unexpended funds,whether committed or uncommitted:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put.

3. Demonstrate how there is a reasonable relationship between the fee's use and type of development project on which the fee is imposed.

4. Demonstrate how there is a reasonable relationship between the need for the public facilities and type of development project on which the fee is imposed.

5. Demonstrate how there is a reasonable relationship between the amount of the fee and cost of the public facility.

Below is the required information for each element divided into two sections. The first element deals with the various descriptions required and the second element gives a timeline and list of the revenues and expenditures for each element.

General Facilities Element
AB 1600 Code Description Justification
Section
Provide a revenue source that will provide funds to
66001(a)(1) Identify the purpose of the Fee. construct general facilities that will mitigate the impacts of new residential and non-residential
development to the City's general facilities.

Construction and replacement of new city hall
66001(a)(2) Identify the use to which the Fee buildings, supporting general facilities,public works is to be put. office,libraries, garage facilities,vehicles,equipment and parking facilities.

New residential and non-residential development in
Demonstrate how there is a the City will generate additional residents and reasonable relationship between employees, thus increasing the need for general the Fee's use and type of facilities and services. The equipment,vehicles, 66001(a)(3) development project on which buildings and parking used to provide these services the Fee is imposed. will have to be expanded, constructed, or purchased to meet this increased demand and maintain the
current level of service to the City.

The additional residents and employees from the new
Demonstrate how there is a development will impact demand for general reasonable relationship between administration facilities. New city hall buildings, the need for the public facilities supporting government administration facilities, and type of development project public works office,libraries, garage facilities,vehicles, 66001(a)(4) on which the Fee is imposed. equipment and parking facilities are needed to mitigate the impacts of the additional residents and
employees. If additional general facilities are not
constructed,then overall general services provided to
the residents and employees in the City will suffer.

The general facilities fee is based on the cost to
Demonstrate how there is a provide new city hall buildings, supporting reasonable relationship between government administration facilities,public works 66001(b) the amount of the Fee and cost of office,libraries,garage facilities, equipment,vehicles, the public facility. field operations buildings, and parking facilities. The fee is based on the cost to provide new materials at
the same levels as provided to existing residents.

General Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $ 396,077.12 $ 26,077.12 $ 1,077.12 $ 1,077.12 $ 1,077.12 $ 1,077.12 Revenues
Fees Collected $ 30,000.00 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 City Hall HVAC System $ 400,000.00 $ - $ - $ - $ - $ - Project 2 Public Works Locker Room $ - $ 30,000.00 $ - $ - $ - $ - Project 3 Software License for Capital Project Management $ - $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ 26,077.12 $ 1,077.12 $ 1,077.12 $ 1,077.12 $ 1,077.12 $ 1,077.12

Fire Facilities Element
Effective July 22, 2017, San Bernardino County Fire District provides fire protection and emergency medical response services to the City of Upland. As such,the City no longer collects Fire DIF and expects to spend all remaining fund balance by June 30, 2025. The 2024 Nexus Study did not include Fire DIF for these reasons.

Fire Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $ 64,279.00 $ - $ - $ - $ - $ - Revenues
Fees Collected $ - $ - $ - $ - $ - $ - Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Weed Abatement $ 64,279.00 $ - $ - $ - $ - $ - Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ - $ - $ - $ - $ - $ -

Police Facilities Element
AB 1600 Code Description
Section
Provide a revenue source that will provide funds to
acquire vehicles,property and equipment, and
66001(a)(1) Identify the purpose of the Fee. additional facilities that will mitigate the impacts of new residential and non-residential development to
the City's Police facilities.
66001(a)(2) Identify the use to which the Fee Acquisition of additional police headquarters, animal is to be put. shelter,police vehicles,property and equipment.

New residential and non-residential development in
Demonstrate how there is a the City will generate additional residents and reasonable relationship between employees in the City,thus increasing the need for 66001(a)(3) the Fee's use and type of trained police personnel. Buildings,vehicles, development project on which property and equipment used to provide these the Fee is imposed. services will have to be purchased to meet this increased demand and maintain the same level of
service to the City.

The additional residents and employees from new
Demonstrate how there is a development will impact the demand for police reasonable relationship between vehicles,property and equipment. New Police 66001(a)(4) the need for the public facilities headquarters,animal shelter,vehicles and equipment and type of development project are needed to mitigate the impacts of the additional on which the Fee is imposed. residents and employees. If additional buildings, vehicles and equipment are not acquired,then
overall public safety in the City will suffer.

Demonstrate how there is a The police fee is based on the cost to provide new reasonable relationship between buildings,vehicles,property and equipment, and 66001(b) additional facilities.The fee is based on the cost to the amount of the Fee and cost provide new materials at the same levels as provided of the public facility. to existing residents.

Police Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $ 947,192.76 $ 377,192.76 $ 302,192.76 $ 227,192.76 $ 152,192.76 $ 77,192.76 Revenues
Fees Collected $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Women's Locker Room $ 250,000.00 $ - $ - $ - $ - $ - Project 2 Men's Locker Room $ 335,000.00 $ - $ - $ - $ - $ - Project3 Police Vehicles $ - $ 85,000.00 $ 85,000.00 $ 85,000.00 $ 85,000.00 $ 85,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $Ending Balance $ 377,192.76 $ 302,192.76 $ 227,192.76 $ 152,192.76 $ 77,192.76 $ 2,192.76

Parks and Recreation Facilities Element
AB 1600 Code escription Justification
Section
Provide a revenue source that will provide funds to
acquire land and construct parks and recreation
66001(a)(1) Identify the purpose of the Fee. facilities,senior centers,trail facilities,vehicles and equipment that will mitigate the impacts of new
residential development to the City's Parks and
recreation facilities.

Identify the use to which the Fee Acquisition of land and development of parks and 66001(a)(2) is to be put. recreation facilities,the construction of senior centers and vehicles and equipment.

New residential development in the City will generate
Demonstrate how there is a additional residents,thereby increasing the need for reasonable relationship between parks and recreational facilities. Park and recreational 66001(a)(3) the reasonable
Fee's use and type of facilities and community centers, along with vehicles development project on which and equipment used to provide these services will the Fee is imposed. have to be expanded or constructed to meet this increased demand and maintain the same level of
service to the City.

The additional residents from new development will
impact demand for parks and recreational facilities.

Demonstrate how there is a New parks and recreational facilities and senior reasonable relationship between centers are needed to mitigate the impacts of the 66001(a)(4) the need for the public facilities additional residents. If additional park and and type of development project recreational facilities are not constructed,then the on which the Fee is imposed. level of service will decline and the overall quality of life for residents in the City will suffer.

Demonstrate how there is a The parks and recreation facilities fee is based on the reasonable relationship between cost to provide park and recreational facilities,land, 66001(b) the amount of the Fee and cost vehicles and equipment and community centers.The of the public facility. fee is based on the cost to provide new materials at the same levels as provided to existing residents.

Parks and Recreation Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Pt 2028-29 Future Years Beginning Balance $ 682,604.04 $ 662,604.04 $ 47,604.04 $ 2,604.04 $ 7,604.04 $ 12,604.04 Revenues
Fees Collected $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Memorial Rotary Ballfield Lights Expansion $ - $ 620,000.00 $ - $ - $ - $ - Project 2 Greenbelt Parking Lot Expansion $ - $ - $ 50,000.00 $ - $ - $ - Project 3 Citrus Park Ballfield Expansion $ 30,000.00 $ - $ - $ - $ - $ - Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ 662,604.04 $ 47,604.04 $ 2,604.04 $ 7,604.04 $ 12,604.04 $ 17,604.04

Transportation Facilities Element
;£ A Description
Provide a revenue source that will provide funds to
construct various transportation projects including
66001(a)(1) Identify the purpose of the Fee. interchange improvements, on/off ramps,traffic signals, and other infrastructure that will mitigate the impacts of new development on the City's
transportation system.

Identify the use to which the Fee Fund or partially fund the construction of interchange 66001(a)(2) improvements,on/off ramps, traffic signals, and other is to be put. infrastructure projects within the City limits.

New residential and non-residential development will
generate additional traffic on City streets. The Fee
Demonstrate how there is a revenue will be used to construct new transportation reasonable relationship between projects upon which new residents and employees 66001(a)(3) the reasonable
Fee's use and type of will travel. A Fee imposed on new residential and development project on which non-residential development is a reasonable method the fee is imposed. for mitigating the impacts of such new development and any resulting increase in LOS above and beyond
the current LOS that is required to meet the plan
approved by the City.

The additional traffic volumes generated by new
development will impact current levels of congestion.

Demonstrate how there is a New interchange improvements, on/off ramps, traffic reasonable relationship between signals, and other infrastructure are needed to 66001(a)(4) the need for the public facilities mitigate the impacts of the increased traffic volumes. and type of development project If the proposed projects are not constructed in on which the Fee is imposed. concert with new development,the City's transportation system will experience higher traffic
volumes and increase the level of congestion to a
condition well below City standards.

Project costs are allocated to new development based
Demonstrate how there is a on the percentage of traffic volume generated by new 66001(b) reasonable relationship between development to the total traffic volume at build-out. the amount of the Fee and cost of The specific fee imposed on the various land uses are the public facility. based on the relative trip generation rate as compared to a residential unit (baseline rate or EDU factor).

Transportation Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Pt 2028-29 Future Years Beginning Balance $ 442,151.87 $ 172,151.87 $ 222,151.87 $ 67,151.87 $ 45,151.87 $ 23,151.87 Revenues
Fees Collected $ 55,000.00 $ 50,000.00 $ 45,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 110 Freeway/Euclid Ave Interchange Imp $ 10,000.00 $ - $ - $ - $ - $ - Project 2 110 Freeway/Monte Vista Ave Interchange Imp $ 95,000.00 $ - $ - $ - $ - $ - Project 3 Arrow Route Widening(Monte Vista to Central) $ 20,000.00 $ - $ - $ - $ - $ - Project 4 LSRP Intersection Improvements $ 30,000.00 $ - $ - $ - $ - $ - Project 5 Traffic Signal Upgrades $ 170,000.00 $ - $ 200,000.00 $ 62,000.00 $ 62,000.00 $ 62,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ 172,151.87 $ 222,151.87 $ 67,151.87 $ 45,151.87 $ 23,151.87 $ 1,151.87

Water Facilities Element
. . .q ,.s
Provide a revenue source to pay for construction of water projects including capacity improvements,reservoir
66001(a)(1) Identify the purpose of the Fee. infrastructure,treatment projects,pipeline projects and equipment that will mitigate the impacts of new
development on the City's Water facilities.

Fund or partially fund the construction of water projects 66001(a)(2) Identify the use to which the Fee is such as capacity improvements,reservoir infrastructure, to be put. treatment projects,pipeline projects, and other equipment within the City limits
New residential and non-residential development in the
City's Water Service Area will generate additional
residents and employees who will increase the demand
for water facilities.Water fees collected from new
Demonstrate how there is a development will be used exclusively for construction- reasonable relationship between related costs associated with these projects.New water 66001(a)(3) the Fee's use and type of infrastructure is needed to deliver water to new residents development project on which the and employees. Fees imposed on new residential and Fee is imposed. non-residential development is a reasonable method for mitigating the impacts of such new development and any
resulting increase in LOS above and beyond the current
LOS that is required to meet the plan approved by the
City.

Demonstrate how there is a Residential and non-residential growth within the City's reasonable relationship between Water Service Area will increase the demand for potable 66001(a)(4) the need for the public facilities and water. In order to meet this demand, the City will need to type of development project on expand their water system to mitigate the impacts of new which the Fee is imposed. development in the Water Service Area.

The cost of the proposed potable water facilities is based on increased demand for potable water from new
Demonstrate how there is a development. Project costs are allocated to new 66001(b) reasonable relationship between development based on the percentage of relative water the amount of the Fee and cost of demand from new development as compared to total the public facility. service area demand. The Fees for each land use is based on the relative potable water demands among the various land uses for new development.

Water Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $ 269,631.51 $ 329,631.51 $ 229,631.51 $ 279,631.51 $ 329,631.51 $ 4,631.51 Revenues
Fees Collected $ 60,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Public Works Locker Room $ - $ 150,000.00 $ - $ - $ - $ - Project 2 Campus Avenue(Arrow to Foothill) $ - $ - $ - $ - $ 375,000.00 $ 50,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ 329,631.51 $ 229,631.51 $ 279,631.51 $ 329,631.51 $ 4,631.51 $ 4,631.51

Sewer Facilities Element
tion Justification
Provide a revenue source to pay for construction of
sewer facilities such as landfill flare modifications,
66001(a)(1) Identify the purpose of the Fee. trunk mains, sewer rehabilitation,manholes,and equipment that will mitigate the impacts of new
development on the City's Sewer facilities.

Revenue from this fee will be used to construct and
Identify the use to which the Fee expand new sewer facilities such landfill flaiidii 66001(a)(2) is to be put. modifications, trunk mains, sewer rehabilitation, manholes and equipment that will be used to provide
general sewer collection and treatment services.

New residential and non-residential development will
generate additional residents and employees that will
increase the demand for Sewer facilities. Sewer Fees
Demonstrate how there is a collected from new development will be used reasonable relationship between exclusively for construction-related costs associated 66001(a)(3) the Fee's use and type of with these projects. Fees imposed on new residential development project on which and non-residential development is a reasonable the Fee is imposed. method for mitigating the impacts of new development and any resulting increase in LOS above and beyond
the current LOS that is required to meet the plan
approved by the City.

New residential and non-residential development City's
Sewer Service Area will generate additional residents
Demonstrate how there is a and employees that will increase the need to collect reasonable relationship between and treat sewage generated by such new development. 66001(a)(4) the need for the public facilities New sewer infrastructure such manholes,landfill flay f& and type of development project modifications, trunk mains, sewer rehabilitation, and on which the Fee is imposed. equipment are needed to collect and treat sewer generated from new development in the City's Sewer
Service Area.

Demonstrate how there is a The cost of the proposed facilities is based on reasonable relationship between projected sewer generation from the various land uses. 66001(b) the amount of the Fee and cost of The amount of the fee for each land use is calculated the public facility. based on the relative contribution of Citywide sewer flow from each land use.

Sewer Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $ 554,052.74 $ 604,052.74 $ 494,052.74 $ 534,052.74 $ 574,052.74 $ 4,052.74 Revenues
Fees Collected $ 50,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Public Works Locker Room $ - $ 150,000.00 $ - $ - $ - $ - Project2 Campus Avenue(Arrow to Foothill) $ - $ - $ - $ - $ 610,000.00 $ 40,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $ - Ending Balance $ 604,052.74 $ 494,052.74 $ 534,052.74 $ 574,052.74 $ 4,052.74 $ 4,052.74

Storm Drain Facilities Element
AB 1600 Code Description Justification
Section
Provide a revenue source that will provide funds to
66001(a)(1) Identify the purpose of the Fee. construct and expand storm drain improvements that will mitigate the impacts of new development on the
City's storm drain system.

Identify the use to which the Fee is Fund or partially fund the construction and expansion of 66001(a)(2) to be put. storm basins,laterals,tributary drains,and related projects within the City limits.

New residential and non-residential development will
generate additional traffic on City streets. The Fee
revenue will be used to construct and expand storm
Demonstrate how there is a drain basins, laterals, tributary drains and related reasonable relationship between improvements. Storm drain fees collected from new 66001(a)(3) the Fee's use and type of development will be used exclusively for construction- development project on which the related costs associated with these projects. Fees fee is imposed. imposed on new residential and non-residential development is a reasonable method for mitigating the
impacts of such new development and any resulting
increase in LOS above and beyond the current LOS that
is required to meet the plan approved by the City.

Storm Drain Fee revenue will go towards new facilities
Demonstrate how there is a and improvements necessary to handle the storm drain reasonable relationship between runoff created by new development. The construction 66001(a)(4) the need for the public facilities and expansion storm drain basins,laterals,tributary and type of development project drains and related improvements is needed to ensure on which the Fee is imposed. proper drainage of storm water runoff to protect from flooding.

Demonstrate how there is a Project costs are allocated to new development based on reasonable relationship between the storm water runoff generated by new development. 66001(b) the amount of the Fee and cost of The specific Fee imposed on the various land uses are the public facility. based on stormwater runoff coefficients as compared to a residential unit(baseline rate or EDU factor).

Storm Drain Facilities Element
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Future Years Beginning Balance $2,188,133.72 $ 1,968,133.72 $ 1,888,133.72 $ 1,953,133.72 $ 2,013,133.72 $ 73,133.72 Revenues
Fees Collected $ 80,000.00 $ 70,000.00 $ 65,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 Transfer Advances $ - $ - $ - $ - $ - $ - Project Expenditures
Project 1 Arrow Highway(Benson to Fairwood) $ 300,000.00 $ - $ - $ - $ - $ - Project2 Public Works Locker Room $ - $ 150,000.00 $ - $ - $ - $ - Project 3 Campus Ave(Arrow Hwy to Foothill Blvd) $ - $ - $ - $ - $ 2,000,000.00 $ 130,000.00 Transfer Reimbursements $ - $ - $ - $ - $ - $Ending Balance $1,968,133.72 $ 1,888,133.72 $ 1,953,133.72 $ 2,013,133.72 $ 73,133.72 $ 3,133.72

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C)i' ' 'd City of Upland
s ' t <' rs Development Impact Fee Annual Report i .;) ,, For Fiscal Year 2023-2024
December 9, 2024
Table of Contents
Overview and Legal Requirements for Development Impact Fee Reporting 2 General Facilities Impact Fee 3
Fire Impact Fee 3
Police Impact Fee 3
Parks and Recreation Impact Fee 3
Transportation Impact Fee 3
Water Impact Fee 4
Sewer Impact Fee 4
Storm Drain Facilities Impact Fee 4
Fund Balance Activity and Fee Summaries 4
Expenditure Detail for Each Fee with Explanation of Activities 5 Fee Schedules 5

Overview and Legal Requirements for Development
Impact Fee Reporting
This report contains information on the City of Upland's development impact fees for the Fiscal Year 2023-24. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. This report does not intend to present a full picture of planned projects. It only reports project information, revenues and expenditures for the Fiscal Year 2023-24.

Government Code section 66006 requires agencies to outline the status of development impact fees. Government Code section 66001 requires local agencies to submit five-year financial reports.

The annual report is available to the public within 180 days after the last day of the fiscal year. The report is presented to the public agency(the City Council) at least 15 days after it is made available to the public.

This report summarizes each of the development impact fee programs. Requirements under Government Code section 66006 are:

1. A brief description of the fee program.

2. The amount of the fee.

3. Beginning and ending balances of the fee program.

4. Amount of fees collected, interest earned and transfers/loans.

5. An identification of each public improvement. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees.

6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement.

7. The estimated date when projects will begin if enough revenues are available to construct the project.

8. The number of refunds made to property owners.

This report also summarizes five-year reporting information for the Development Impact Fee program as required under Government Code section 66001:

1. The purpose of the fee expenditure.

2. The reasonable relationship between the fee and the purpose used.

3. All sources of and amounts of funding anticipated to complete financing in incomplete improvements.

4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund.

More detailed information on various programs is available. Nexus studies, master plans, capital improvement programs and budgets are all made public on the City of Upland's website.

The City of Upland does not earmark impact fees for any specific project as revenues come in. Nexus studies examples may include future transportation infrastructure, sewer infrastructure and other capital facilities. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action.

The City Council adopted the Nexus Study for all the Development Impact Fees program in 2024. The study identified the need to support the various Development Impact Fees adopted by the City Council on October 28, 2024, by Resolution No. 6808. The Study establishes that for developments which generate General, Police, Parks, Transportation, Water, Sewer and Storm Drain at or above citywide rates and which cannot self-mitigate these named impacts, a fee will be assessed to fund demonstrably the various impacts reducing projects. The nexus for calculating the various fee amount for each land use category will be additional services required as opposed to normal services increase. Payment of the various Development Impact Fees constitutes full mitigation of a project's impact.

In the following sections,the purpose of each Development Impact Fee is described.

General Facilities Impact Fee
The purpose of this fee is to provide a revenue source that will provide funds to construct general facilities that will mitigate the impacts of new residential and non-residential development to the City's general facilities.

Fire Impact Fee
The purpose of this fee is to provide a revenue source that will provide funds to construct fire facilities. The fees collected from the new development will be used exclusively for Fire Department purposes. Given the services provider contract with San Bernardino County Fire, the Fire DIF is no longer collected.

Police Impact Fee
The Police Facilities element includes those facilities used bythe City Police Department to maintain police services. The fees collected from the new development will be used exclusively for Police Department purposes. All development within the City contributes to the direct and cumulative impacts of development on Police Department facilities, equipment and vehicles used to provide these services will have to be purchased or replaced to meet this increased demand. Thus, a reasonable relationship exists between the need for Police Facilities and impact of residential and non-residential development.

Parks and Recreation Impact Fee
The Parks and Recreation Development Facilities element will serve the residents of Upland by providing facilities for recreation while enhancing the community's appeal and quality of life. These types of facilities include the development of new parks and recreation facilities to serve new development for the City through 2040. Covered in this fee section are park improvements, land acquisition and parks and recreation renovation.

Transportation Impact Fee
The City's goal is to improve the streets on a prioritized list over the build-out horizon. Improvements for each street will focus on interchange improvements, widening lanes and ramps, traffic signal replacement and Uninterruptible Power Supplies installation. Additional infrastructure support is

necessary to provide safe and efficient vehicular access throughout the City and is planned to meet the new development needs through 2040.

Water Impact Fee
The need for water facilities improvements is based on the water demand placed on the system by development. The Water facilities category includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City. This fee is based on the expected increase in water flow created by the new development.

Sewer Impact Fee
This category includes those facilities used by the City to provide basic sanitary sewer services to residents and employees within the City. These elements consist of downstream collectors conveying wastewater from local drainage areas such as residential tracts and business parks to county trunk sewer lines and treatment facilities. These proposed facilities have Citywide benefit by ensuring that there will be sufficient system-wide capacity to collect wastewater from new and existing development by the year 2040. In order to serve future development through General Plan build-out, the City has identified the need for landfill flare modifications, trunk main upgrades, manhole projects and numerous Sewer rehab projects.

Storm Drain Facilities Impact Fee
This category will serve the residents of the City by providing facilities that ensure proper water drainage in those areas susceptible to storm water runoff. Storm Drain Facilities include those used by the City to provide storm drainage services to both residents and employees within the City. The Storm Drain Fee will include facilities and improvements necessary to handle the storm drain runoff created by new development through build-out by the year 2040.

Fund Balance Activity and Fee Summaries
City of Upland
AB 1600 Development Impact Fee Annual Report
Pursuant to Government Code Section 60066
For Fiscal Year Ended June 30,2024
Revenues
Fund Balance Developer Other/ Project Fund Balance Fund Development Impact Fee Purpose July 1,2023 Impact Fees Interest Miscellaneous Expenditures June 30.2024 420 General $ 331,974.68 $ 21,513.41 $ 42,589.03 $ - $ - $ 396,077.12 419 Police $ 938,759.55 $ 19,537.74 $ 17,195.09 $ (23,486.20) $ 4,813.42 $ 947,192.76 418 Fire $ 318,428.00 $ - $ - $ - $ 254,149.00 $ 64,279.00 422 Storm Drains $3,720,735.95 $ 61,183.72 $ 115,834.79 $ 235,552.58 $ 1,945,173.32 $ 2,188,133.72 638 Water $ 190,831.18 $ 79,950.16 $ 3,782.67 $ (4,932.50) $ - $ 269,631.51 646 Sewer $ 517,078.00 $ 40,433.07 $ 9,536.06 $ (12,994.39) $ - $ 554,052.74 423 Street&Traffic Facility Development $ 319,386.00 $ 38,917.48 $ 24,095.71 $ 72,386.83 $ 12,634.15 $ 442,151.87 424 Pa rk Acquisiti on&Development $ 672,450.34 $ 14,659.00 $ 12,319.67 $ (16,824.97) $ - $ 682,604.04 $7,009,643.70 $ 276,194.58 $ 225,353.02 $ 249,701.35 $2,216,769.89 $ 5,544,122.76

Expenditure Detail for Each Fee with Explanation of
Activities
General Facilities, Water, Sewer and Park Acquisition & Development Funds had no activity during the Fiscal Year 2023-24.

Police incurred a total of$4,813.42. These are related to the locker rooms for men and women at the police headquarters. See the five-year reporting to see the projected projects related to Police.

Fire development impact fees of$254,149 were for weed abatement that reduced the cost of building additional fire facilities. This cost is being paid for by fees previously collected. It is anticipated that this project will be completed in the fiscal year 2024-2025 and that there are adequate funds already collected to complete this project.

Street &Traffic Facility Development incurred $12,364.15 in personnel costs. These are related to planning future projects. See the five-year reporting to see the projected projects related to Street& Traffic Facility Development.

Storm Drains incurred a total of$1,945,173.32. Of this amount,$1,943,199.89 is related to the Arrow Highway Storm Drain Improvement project. The total anticipated cost of this project is $2,248,000 and is expected to be completed in the FiscalYear 2024-25 and will be paid with development impact fees already collected. An additional$1,958.83 was spent on personnel costs related to planning the Campus Ave Storm Drain project. The expected costs associated with Campus Ave Storm Drain project are $173,650. Its planned completion is Fiscal Year 2024-25 and is funded by development impact fees already collected. The remaining amount of$14.60 was for personnel costs related to the Euclid Storm Drain Improvement project which is now completed.

During the past five fiscal years each of the various development impact fees has incurred costs.

During the Fiscal Year 2023-24 there were no interfund transfers and no refunds were made of development fees collected.

Fee Schedules
Land Use Residential per Square Foot Non-Residential per 1,000 Square Foot Single Family Multi-Family Commercial Office Industrial General Facilities $0.78 $0.78 $1,305 _ $2,022 $669 Police $0.43 $0.43 $721 $1,118 $370 Parks $4.80 $4.80 N/A N/A N/A
Transportation $0.07 $0.07 $494 $296 _ $89 Water $0.87 $0.87 $436 $611 $349
Sewer $0.05 $0.05 $27 $27 _ $27 Storm Drain $0.90 $0.90 $1,059 $1,003 $947

City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2024
As of June 30,2024
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Unallocated:

Quimby Fees Earned $ 2,042,507 (36,728) (229,550) 229,550 - 492,200 233,882 - 370,316 416,152 368,428 - 10,700 - 182,628 - - - 4,929 Interest Allocated $ (68,775) 5,718 (97,912) (91,963) (174) 55,419 30,778 16,485 7,061 1,675 953 21 108 998 1,309 49 22 677 - QuimbyFeesTransferred $ (1,800,474) (115,000) (1,464,000) - (59,990) - - - - - - - (141,984) - (19,500) - - - - Balance $ 173,258 (146,010) (1,791,462) 137,587 (60,164) 547,619 264,660 16,485 377,377 417,827 369,381 21 (131,176) 998 164,437 49 22 677 4,929 District 1
Greenbelt Park:

Quimby Fees Earned $ 417,300 - - - - - - 160,500 256,800 - - - - - - - - - - Interest Allocated $ 22,674 14,521 (1,577) (18,605) (39) 12,147 8,981 5,732 1,514 - - - - - - - - - Balance $ 439,974 14,521 (1,577) (18,605) (39) 12,147 8,981 166,232 258,314 - - - - - - - - - - Sports Park(Sycamore Hills):

Quimby Fees Earned $ 3,150,526 - - 214,000 1,607,406 387,520 363,800 577,800 - - - - - - - - - - - Interest Allocated $ 18,898 96,004 (3,777) (122,723) (241) 30,480 14,691 4,464 - - - - - - - - - - - Park Development Costs $ (260,653) - (184) - - (8,851) - - - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Balance $ 2,908,771 96,004 (3,961) 91,277 1,607,165 409,149 378,491 582,264 - - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) Total District 1 $ 3,348,746 110,525 (5,537) 72,672 1,607,126 421,296 387,472 748,496 258,314 - (19,222) (153) (2,906) (2,781) (26,724) (10,163) (153,996) (30,672) (5,001) District 2
Magnolia Park:

Quimby Fees Received $ 79,490 - - - 59,990 - - - - - - - - - 19,500 - - - - Interest Allocated $ - - - - - - - - - - - - - - - - - - - Playground Equipment $ (59,990) - - - (59,990) - - - - - - - - - - - - - - Recreation Center Courtyard $ (19,500) - - - - - - - - - - - - - (19,500) - - - - Balance $ - - - - - - - - - - - - - - - - - - - McCarthy Park:

Quimby Fees Earned $ 716,060 - - - 42,800 - - - - - 192,600 203,300 74,900 74,900 32,100 64,200 - 31,260 - Interest Allocated $ 49,204 24,719 (2,845) (32,389) (69) 19,980 14,772 9,428 4,038 1,386 1,591 261 775 1,224 1,030 863 141 4,296 - Restroom 25428 $ (16,299) (16,299) - - - - Balance $ 748,965 8,420 (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 - Sierra Vista Park:

Quimby Fees Received $ - - - - - - - - - - - - - - - - - - - Transfer In from Unallocated $ 57,500 57,500 - - - - - - - - - - - - - - - - - Interest Allocated $ 1,340 1,340 - - - - - - - - - - - - - - - - - Restroom 25427 $ (18,236) (18,236) - - - - - - - - - - - - - - - - - Balance $ 40,604 40,604 - - - - - - - - - - - - - - - - - Total District 2 $ 789,569 49,025 (2,845) (32,389) 42,731 19,980 14,772 9,428 4,038 1,386 194,191 203,561 75,675 76,124 33,130 65,063 141 35,556 -

City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2024
As of June 30,2024
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 District 3
Baldy View Dog Park:

Quimby Fees Earned $ - - - - - - - - - - - - - - - - - - - Interest Allocated $ 27,286 27,286
Transfer in from Unallocated $ 857,500 57,500 800,000 - - - - - - - - - - - - - - - - Dog Park Improvements 82339 $ (39,702) (23,472) (16,230) - - Restroom 25426 $ (18,356) (18,356) - - - - - - - - - - - - - - - - $ 826,728 42,958 783,770 - - - - - - - - - - - - - - - - Cabrillo Park:

Quimby Fees Earned $ 624,237 - - - - 55,092 - - - - - - 50,615 74,900 428,000 15,630 - - - Interest Allocated $ 43,922 21,322 (2,480) (28,290) (60) 18,470 12,515 7,987 3,421 1,175 1,348 309 1,566 3,062 3,441 135 - - - Restroom 25429 $ (22,119) (22,119) - - - - - - - - - - - - - - - - - Balance $ 646,040 (797) (2,480) (28,290) (60) 73,562 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - Citrus Park:

Quimby Fees Earned $ 73,456 18,364 - - - 55,092 - - - - - - - - - - - - - Interest Allocated $ 957 1,861 (78) (2,364) (5) 1,544 - - - - - - - - - - - - - Snackbar replacement#82346 $ (18,032) (12,277) (5,755) - - - - - - - - - - - - - - - - Balance $ 56,381 7,948 (5,833) (2,364) (5) 56,636 - - - - - - - - - - - - - Fern Reservoir Park:

Quimby Fees Earned $ 10,700 10,700 - - - - - - - - - - - - - - - - - Interest Allocated $ 363 363 - - - - - - - - - - - - - - - - - $ - - - - - - - - - - - - - - - - - - - Balance $ 11,063 11,063 - - - - - - - - - - - - - - - - - Total District 3 $ 1,540,212 61,173 775,457 (30,655) (65) 130,198 12,515 7,987 3,421 1,175 1,348 309 52,181 77,962 431,441 15,765 - - - District 4
9th and Bodenhamer Park
Quimby Fees Earned $ 297,822 64,274 137,730 - (87,822) 183,640 - - - - - - - - - - - - - Interest Allocated $ 30,324 29,596 (512) (3,897) (8) 5,145 - - - - - - - - - - - - - Transfer in from Unallocated $ 664,000 - 664,000 - - - - - - - - - - - - - - - - Pocket Park 9th Street 52340 $ (95,437) - - (1,968) (93,469) - - - - - - - - - - - - - - Balance $ 896,710 93,870 801,218 (5,864) (181,299) 188,785 - - - - - - - - - - - - - Olivedale Park/8th St.Reservoir Park/
Urban Plaza/Downtown Parklets:

Quimby Fees Earned $ 2,232,166 - - - - - - 119,366 716,196 624,376 459,100 - - - - - - 313,128 - Interest Allocated $ 169,277 63,383 158 (79,891) (170) 53,474 39,537 25,233 10,695 2,222 1,823 172 873 1,872 2,456 3,031 1,381 43,028 - Artificial Turf Install-Warden Field $ (100,000) - - - - - - (100,000) - - - - - - - - - - - Safety Net Warden Field $ (24,937) - - - - - - - - - - - - - (24,937) - - - - Hawkins Field Improvements $ (18,891) - - - - - - - - - - - - - (11,916) - (6,975) - - Urban Plaza 82338 $ (228,506) (89,424) (90,853) (14,561) (33,669) - - - - - - - - - - - - - - Parklets 32337 $ (78,000) (78,000) - - - - - - - - - - - - - - - - - Olivedale Playground 83001/25425 $ (30,681) (30,681) - - - - - - - - - - - - - - - - - Balance $ 1,920,428 (134,721) (90,695) (94,452) (33,839) 53,474 39,537 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 -

City of Upland
Summary of Quimby Fee Activity FY 2007 to FY 2024
As of June 30,2024
Description Total FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 FY 14/15 FY 13/14 FY 12/13 FY 11/12 FY 10/11 FY 09/10 FY 08/09 FY 07/08 FY 06/07 Memorial Park:

Quimby Fees Earned $ 316,594 160,500 55,092 - - 101,002 Quimby Fees Received $ 150,141 8,157 - - - - - - - - - - 141,984 - - - - - - Interest Allocated $ 896 - (200) (1,028) (2) 2,127 - - - - - - - - - - - - - Rotary Field $ (78,509) - - (1,040) (52,364) (17,717) (7,388) - - - - - - - - - - - - Purchase Landecena Building $ (141,984) - - - - - - - - - - - (141,984) - - - - - - Balance $ 247,138 168,657 54,892 (2,068) (52,367) 85,411 (7,388) - - - - - - - - - - - - Total District 4 $ 3,064,276 127,805 765,415 (102,384) (267,505) 327,671 32,149 44,599 726,891 626,598 460,923 172 873 1,872 (34,397) 3,031 (5,594) 356,156 - Fund Balance-6/30/2024 $ 8,916,061 202,518 (258,972) 44,832 1,322,123 1,446,763 711,569 826,995 1,370,042 1,046,986 1,006,621 203,910 (5,352) 154,175 567,888 73,745 (159,427) 361,717 (72)

CITY OF UPLAND

QUIMBY FEE PROJECT IDENTIFICATION
As of December 9,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Unallocated Current Balance $173,258
Undetermined Transfer Unplanned ($173,258)
Unallocated Totals ($173,258) $173,258
DISTRICT 1 PARKS
Greenbelt Park Current Balance $439,974
Undetermined Projects or Transfers ($439,974) Greenbelt Park Totals ($439,974) $439,974 San Antonio Park Current Balance $0
Sycamore Hills Park Current Balance $2,908,771 Master Plan Approved FY 25/26 ($85,966) Future Park Inactive Unknown ($2,822,805) Sycamore Hills Park Totals ($2,908,771) $2,908,771 DISTRICT 2 PARKS
13th Street Reservoir Park Current Balance $0 No Current Projects $0
13th Street Reservoir Park Current Balance $0 $0 Magnolia Park Current Balance $0
No Current Projects $0
Magnolia Park Current Balance $0 $0
McCarthy Park Current Balance $748,965
Restroom Renovation Active FY 24/25 ($32,500)
Undetermined Projects or Transfers Inactive Unknown ($716,465) McCarthy Park Totals ($748,965) $748,965 Sierra Vista Park Current Balance $40,604
Restroom Renovation Active FY 24/25 ($32,500)
Undetermined Projects or Transfers Inactive Unknown ($8,104) Sierra Vista Park Totals ($40,604) $40,604

CITY OF UPLAND

QUIMBY FEE PROJECT IDENTIFICATION
As of December 9,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds DISTRICT 3 PARKS
Baldy View Park Current Balance $826,728
Restroom Renovation Active FY 24/25 ($32,500)
Dog Park and Irrigation Renovation and Upgrades Active FY 24/25 ($760,298) Undetermined Projects or Transfers Inactive Unknown ($33,930) Baldy View Park Totals ($826,728) $826,728 Cabrillo Park Current Balance $646,040
Restroom Renovation Active FY 24/25 ($32,500)
Undetermined Projects or Transfers Inactive Unknown ($613,540) Cabrillo Park Totals ($646,040) $646,040 Citrus Park Current Balance $56,381
Snackbar/Admin Building Repairs Active FY 24/25 ($42,390) Undetermined Projects or Transfers Inactive Unknown ($13,991) Citrus Park Totals ($56,381) $56,381 Fern Reservoir Park Current Balance $11,063 Undetermined Projects or Transfers Inactive Unknown ($11,063) Fern Reservoir Park Totals ($11,063) $11,063 DISTRICT 4 PARKS
9th and Bodenhamer Park Current Balance $896,710 9th and Bodenhamer Neighborhood Park Planned FY 24/25 ($896,710) 9th and Bodenhamer Park Totals ($896,710) $896,710 Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Current Balance $1,920,428 Picnic Shelters-Olivedale Active FY 24/25 ($59,380) Playground Replacement-Olivedale Active FY 24/25 ($300,165) Downtown Parklets Project Active FY 24/25 ($372,000) Urban Plaza Park Project Active FY 24/25 ($970,576) Full Restroom Replacement Planned FY 26/27 ($125,000) Undetermined Projects or Transfers Inactive Unknown ($93,307) Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Totals ($1,920,428) $1,920,428

CITY OF UPLAND

QUIMBY FEE PROJECT IDENTIFICATION
As of December 9,2024
Estimated Estimated Designated
Project Name Status Completion Cost Funds Memorial Park Current Balance $247,138
Memorial Park Improvements Active FY 24/25 ($78,481) Undetermined Projects or Transfers Inactive Unknown ($168,657) Memorial Park Totals ($247,138) $247,138 Total Projects ($8,916,061) $8,916,061

�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CITY OF UPLAND PARKING AUTHORITY 2024 ANNUAL REPORT RECOMMENDED ACTION:

It is recommended that the City of Upland Parking Authority Board of Directors receive and file the annual report of the 2024 activities of the Parking Authority.

GOAL STATEMENT
The proposed action supports the City's goal of fiscal responsibility and transparency.

BACKGROUND
The City Council previously established a Parking Authority in 1967 to facilitate the issuance of bonds to finance the acquisition and improvement of public parking facilities.

On June 28, 2010, after determining that the bonds were paid in full, the Parking Authority was dissolved by Resolution 5997 with Parking Authority assets being transferred to the City of Upland.

On January 10, 2022, the City Council adopted Resolution No. 6633 re-establishing the City of Upland Parking Authority.

On January 24, 2022, the City of Upland Parking Authority Board of Directors adopted Resolution No. 2022-1 adopting bylaws of the Authority.

Section 2 of the City of Upland Parking Authority Resolution No. 2022-1 includes the statement, "The Board of Directors shall conduct a regular meeting at least once each calendar year on the second Monday of December."

ISSUES AND ANALYSIS
Pursuant to the City of Upland Parking Authority Resolution No.2022-1,a regular meeting shall be conducted at least once each calendar year on the second Monday of December.Being the final meeting of the year,it is prudent that an annual report be provided to the City of Upland Parking Authority Board of Directors. The following summarizes the activities of the City of Upland Parking Authority in calendar year 2024.

There were no activities of the City of Upland Parking Authority in calendar year 2024.

ENVIRONMENTAL DETERMINATION
The filing of an annual report 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

�� �pl"� CITY
UPLAND
"The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CITY OF UPLAND FINANCING AUTHORITY 2024 ANNUAL REPORT RECOMMENDED ACTION:

It is recommended that the City of Upland Financing Authority Board of Directors receive and file the annual report for the 2024 activities of the Financing Authority.

GOAL STATEMENT
The proposed action supports the City's goal of fiscal responsibility and transparency.

BACKGROUND
On January 24,2022,the City Council adopted Resolution No.6635 and the City of Upland Parking Authority Board of Directors adopted Resolution No. 2022-2, which collectively authorized the creation of the City of Upland Financing Authority.

On January 24, 2022, the City of Upland Financing Authority Board of Directors adopted Resolution No. 2022-1 adopting bylaws for the Financing Authority.

Section 2 of the City of Upland Financing Authority Resolution No. 2022-1 includes the statement, "The Board of Directors shall conduct a regular meeting at least once each calendar year on the second Monday of December."

ISSUES AND ANALYSIS
Pursuant to the City of Upland Financing Authority Resolution No. 2022-1, a regular meeting shall be conducted at least once each calendar year on the second Monday of December. Being the final meeting of the year, it is prudent that an annual report be provided to the City of Upland Financing Authority Board of Directors. The following summarizes the activities of the City of Upland Financing Authority in calendar year 2024:

There were no activities of the City of Upland Financing Authority in calendar year 2024.

ENVIRONMENTAL DETERMINATION
The filing of an annual report 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

..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Staff(krctill
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

RICHARD JEGANATHAN,IT MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR INSTALLATION OF CAMERAS IN

THE DOWNTOWN
RECOMMENDED ACTION:

It is recommended that the City Council: 1)approve an agreement with TRL Systems to purchase cameras,networking systems and installation services in the amount of$508,926.92; 2) approve the use of$8,926.92 in Asset Forfeiture funds;and 3)authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing safety for the citizens of Upland.

BACKGROUND
On June 26, 2023, the City Council accepted $500,000 in funding from the County of San Bernardino through Supervisors Armendarez's and Hagman's Board of Supervisors Discretionary Fund for the downtown camera project.

ISSUES AND ANALYSIS
The downtown camera project has been desired by the Police Department to improve police response. This project is intended to address security concerns at the downtown area.The Police Department has received numerous reports of illegal activity in these areas.

The IT Manager,IMPACT Team,and Public Works Staff conducted a Downtown walk-through to discuss the project.

They reviewed the Police Department's needs,including clear camera views,high-definition zoom,and uninterrupted operation. Staff identified key concerns and optimal camera locations, factoring in power sources and line-of-sight.

Edison-owned poles were chosen for the placement of 21 cameras,with the layout approved by Southern California Edison.

Cameras installed as a part of this project will work with our current surveillance system, including cameras at City Hall,Library,Police Department,and potential future camera projects.This technology will be critical in the potential development of a desired future Crime Center project.

In the City's selection process for a new camera system to enhance our surveillance capabilities,we evaluated three camera manufacturers: Axis-Covert Camera,Avigilon, and Verkada. We are recommending a sole source selection of Avigilon for several reasons including their gun detection capabilities that can send notifications directly to Motorola radios enhancing our response times and overall safety,and their high-resolution cameras reduced the total quantity of cameras needed for the project. TRL Systems is recognized as an Avigilon Unity/Alta Certified Elite Partner and is the exclusive dealer of record for the City of Upland regarding Avigilon products.

ENVIRONMENTAL DETERMINATION
The project adds cameras on existing facilities and poles and does not involve expansion of use beyond that which is existing. In accordance with the California Environmental Quality Act(CEQA)and the State CEQA Guidelines,the project is categorically exempt from further environmental review pursuant to Section 15301(c)"Existing Facilities" of the CEQA Guidelines.

FISCAL IMPACTS
The total contract cost with TRL Systems is $508,926.92. There are available funds of$500,000 in the Board of Supervisors Discretionary Funds Account No.2171401-5530-50202 and$8,926.92 in the Asset Forfeiture Machinery and Equipment Account No.2203201-5530.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c)"Existing Facilities" of the CEQA Guidelines.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of November 14, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and TRL Systems, Inc., a California Corporation, with its principal place of business at 9531 Milliken Ave.

Rancho Cucamonga, CA 91730 (hereinafter referred to as"Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

UPLAND DOWNTOWN CAMERA PROJECT (hereinafter referred to as "the Project").

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit"A." TRL to furnish and install Avigilon NVR Server, Camera Licenses & Cameras and firearm detection.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $508,926.92. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed $558,926.92. Any additional work in excess of this amount shall be approved by the City Council.
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3. Additional Work.

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

4. Maintenance of Records.

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

5. Term
The term of this Agreement shall be from January 15, 2025 to July 15, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").

Consultant shall complete the services required hereunder within 181 calendar days The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. 2

b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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11. Insurance. [Foundation Risk Partners] Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
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(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

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

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided 7

evidence satisfactory to the City that they have secured all insurance required under this section.

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

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

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 8

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

14. Verification of Employment Eligibility.

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

16. Laws and Venue.

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

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

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

20. Limitation of Agreement.

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

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

CITY: CONSULTANT:

City of Upland TRL Systems, Inc.
460 N. Euclid Avenue Gary Chavarria
Upland, CA 91786
Attn: IT Department; Richard Jeganathan
and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
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24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

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

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

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

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

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

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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31. Federal Requirements - N/A
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND TRL SYSTEMS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND TRL Systems, Inc.

Approved By: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer
REQUIRED]
By: By:

Michael Blay
City Manager Its:

Printed Name:

Attested by:

By: By:

Keri Johnson
City Clerk Its:

Printed Name:

Approved as to form:

By:

Best Best & Krieger LLP
City Attorney
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EXHIBIT A
Scope of Services —TRL Systems, Inc.

Your Life Safety and Security
Solution
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d,fr ih— , .t •
Fire • Healthcare • Security
Installation, Jntegratio i.Value Engineering. Maintenance.Testing and 24/7 £pert Service City Of Upland
City of Upland Downtown Camera System Project
Proposal#RL-101336
version 1
Systems
km-o Rr II I Ii c,
14

r(RL Systems
9531 Milken Avenue Ranoho Cucamonga.CA 91730 P:B a-2 6-1392 F:439-3901397 wxw.hlsystens.corn Wednesday,November 13,2024
City Of Upland
Richard Jeganathan
460 N.Euclid Ave.

Upland,CA 91786
[email protected]
Dear Richard Jeganathan,
This proposal is a one time end of year special discounted proposal for the City of Upland Downtown Camera Project.

Avigilon.Suklu&Altronix has offered additional discounts if this project is booked and ordered before the end of 2624.TRL has also in good faith, discounted the equipment as much as possible to participate with the manufactures.

Furthermore,the manufactures have interest in using this installation for public relations marketing if possible.

TRL Systems would like to thank you for allowing us the opportunity to provide you with the following system design and proposal for the Downtown Camera Project.

TRL Systems has taken great care in this system design working with your city personnel,Sgt.Andrew,Siklu&Avigilon engineers and TRL Systems project manager&TRL Systems engineer.

Please Note:All system information and attached security diagram is TRL Systems proprietary infomiatian_Please do not share with any other integrator or manufacturers_
Feel free to reach out to me directly if you would like any additional demo's or an in person system presentation following your review.

Thank you,
Raymond Lindemans
Account Executive
TRL Systems,Inc.

Prepared For Cif Upland Pam of 1 C Proposal#tRL-101336 version 41
15

rRL Systems
9531 Milliken Avenue. Randy Cura111ar1]a,CA 91730 4:890-256-1392 F:999-390-9397 WA•cCISyslems.C''P Prepared by: Prepared for: Quote Information:

TRL Systems,Inc. City Of Upland Quote ti:RL-101336 Raymond Lindemans 460 N.Euclid Ave. Version: 1 800-266-1392 Upland,CA 91786 Delivery Date:11/1312024 909-816-4810 Richard Jeganathan Expiration Date:12/1312024 [email protected] (909)931-4312
[email protected]
Price Group 1
0 Scope of Work
The following scope of work includes prevailing wage as required.

All devices shall be installed at locations identified on the attached diagram_ Avigilon NVR Server,Camera Licenses&Cameras
TRL shall furnish and install one(1)280T13 Al NVR Server at City Hall in rack and network connection provided by others.

The server is calculated to provide ninety-seven(97)days of storage for this installation.See attached storage calculation.

Server includes Dell 5-year on site support.

TRL shall furnish and program twenty-one(21)Unity Enterprise Camera Channel Licenses&six(6)Unity Visible Firearm Detection 1 Year Channel Licenses for the listed H6A cameras below.Please note:Only the I-16A cameras have the capability to support firearm detection.

TRL shall furnish and install nine(9)H5A 4XBMP Multi-sensor Dome Cameras wiIR,five(5)H5A 3X8MP Multi sensor Dome Cameras wiIR,four(4)H6A 8MP IR Dome Cameras w110.9-29mm Lens,one(1)H6A 8MP IR Dome Cameras w14.4-9.3rnm Lens&one(1.)12MP IR Fisheye Dome Camera.Installation includes all mounting accessories and Cat 6 cabling as required_
Siklu Wireless Radios:

The city will be required to provide same tree trimming for the installation of the radios listed below.TRL shall provide detailed requirements far the city prior to installation.

Carnegie Head-end Radios
TRL shall furnish and install two(2)MH-T280 Radios w/antenna's POE injectors&surge protectors_One installed on the Carnegie building L one on the light pole located on 2nd Ave.identified with the orange dotted line on the attached diagram.The city shall provide a POE switch with a GB port for connection to the city network.TRL assumes the city has existing fiber from the Carnegie building to the City Hall building.

Light Poles and Library Radios
TRL Systems shall furnish and install twenty-two(22)sets of MPL-260 Radios(includes POE injectors&mounting kits)at Prepared For C ty Of Upland page I 3 of 10 Proposal L-101336 version#1
16

`RLSystems
9531 Milliken Avenue Rancho Cucahnmga,CA 9173a P:9a0-256-f392 F:9a9-390--e397 rwr.trlbystertu.corn locations identified with the red dotted lines on attached diagram.

Radios include SikluCare"Elite"5-year support plan.

Altranix POE Switch Power Supplies
TRL Systems shall furnish and install one(1)8 port POE power supply wfback up batteries at the gazebo and twenty-two (22)4 port POE power supplies wlback up batteries and twenty-two(22)photocell power taps at light pole locations identified on attached diagram.

TRL shall install conduit wlpale straps and mounting accessories as required.

Road Closures&Bucket Truck Rental
TRL Systems shall provide a schedule to the city for installation dates and required lane closures as required_TRL Systems shall provide TRL employee personnel for road closures.A professional road closure service provider is not included and will incur additional cost if required by the city.

TRL Systems shall provide the required bucket truck for this installation_ City Permit
TRL Systems assumes the city will provide the required city permit at zero cost to TRL Systems for this installation.TRL Systems shall submit the required information to the city to obtain the required permit.Any permit fees shall incur additional cost_
Programming,Final Testing&Training
TRL Systems shall provide programming and final testing of all devices.TRL Systems shall provide up to 4 hours training following installation.Additional training can be provided at customers request.

Q Materials
Qty Item Description Price Ext.Price Notes 1 AINVR2-PRM- "Al NVR 2 PRM PLUS FORM H 280 TB $74,595.00 $74,595.00 Avigilon NVR Server, PLUS-FORM-H 2U Rack Mnt, HardenedOS,5Y Onsite Licenses,Cameras -280TB-NA 4HMC,NA"
21 UNFFYB-ENT Unity Enterprise camera channel $212.00 $4,452.00 fi UNITYB-VFD- Unity Visible Firearm detection Channel, $320.00 $1,920.00 1YR 1 year
9 32C-H5A-4MH "4X8MP,WDR,360 degree max field of $2,111.00 $18,999.00 view,Lightcatcher,3.3-5.7MM, Camera
Only"
Prepared For I '1O1336
City Of Uplan Pale I 4 of 10
Proposal version#1
17

IRL Systems
9531 Milliken Avenue Rancho Cucamonga,CA 91T3a P:mD-2ss-1392 F:999-390.539T www.trIsystems.ocm 0 Materd°IS
City Item Description Price Ext.Price Notes 5 24C-H5A-3MH "3XBMP,WDR,270 degree max field of 51,768.00 $8,840.00 view,Lightcatcher,3.3-5.7MM, Camera
Only"
4 8.00-H6A-D02- 8MP H6A Outdoor IR Dome Camera with $1,263.00 S5,052.00 IR 10.9-29mm Lens
1 8.0C-H6A-DO1- 8MP H6A Outdoor IR Dome Camera with $1,232_00 $1,232.00 IR 4.4-9.3mm Lens
1 8.0C-H6A-B02- BMP H6A Bullet IR Camera with 31x $1,499_00 $1,499.00 IR Zoom
1 12.0W-H5A-FE- 12.0 MP,Fisheye Dome Camera, S887A0 $887.00 DO1-IR DaylNight,WDR, 1.6mm fr2.0,Next-
Generation Analytics, Integrated IR
14 H4AMH-AD- "Optional IR illuminator ring,up to 30m 5260.00 $3,640.00 IRIL1 (10011),for use with H4AMH-DO-COVR1"
14 HSAMH-DO- Dome bubble and cover,for outdoor 5133_00 $1,862.00 COVR1 surface mount or pendant mount,clear.

Far use with the Avigilon H5A Multisensar
14 H5AMH-AD- Outdoor pendant mount adapter.For use $133.00 $1,862.00 P END 1 with the Avigilon H5A Mu ltisensor
16 PLMT-1001 POLE MOUNT FOR LRGE PENDT $77_00 $1,232.00 WLMT-1001
14 WLMT-1001 Wall Mount for large pendant camera 581_00 $1,134.00 14 POE60L!-1 BTE Gigabit 802.3bt 60 W POE Injector,Indoor, 5118_00 $1,652.00 single port
5 DMSLD-1001 Weathershield,Large Outdoor Domes 520.00 5100.00 1 H5A-FE-MT- N PT Adapter For H5A Fisheye Dome $48.00 $48.00 NPTA1 Camera(H5A-FE-DO)
1 PPMNT-2001 Parapet Wall Arm Mount Large for 5367.00 $367.00 Outdoor Pendant Camera
22 MPL-260-CNN MultiHaul"'TG point-to-point bundle, $1,025.00 $22,550.00 Siklu Wireless Radios 1000Mbps(Full Duplex),plug&play
setup,includes 2 x radios,POE injectors,
Mounting Kit
CIry Upland
Prepared For 1ProposaRL-1D1336version#1 Page f L 18

LSystems
9531 MIIIIken AVEI1UP Ra1d1❑Cucamonga,CA91T39 P:990-29E-1392 F:999-390-939T 7.511W.ItlSybteInLcO91 0 Materials
Qty Item Description Price Ext.Price Notes 2 MH-T280-CCP- MultiHaul71 TG LR TU with antenna port; $708.00 $1,416.00 PaE-MWB 1000Mbps,2 RJ-45&1 SFP+,IP-67,
White
2 AVANT-0.5ft 0.5 ft.V-band antenna(FCCIETSI) $194.00 S388.00 2 EH-MK-SM Siklu Mounting Kit for 0.5ft antenna(small $113.00 $226.00 or large OD Us,for elevation up to+601-
45 )
2 AX-IN-10G- PoE Injector 60W,E.L.VI, 10Gbps(100- $-89.00 S178.00 60W-AC-PoE- 240 AC source,Us AC cable)
US
2 AX-SRG-10G 10 GbE EthemetlPoE Surge Protector $92.00 S184.00 (indoor)802.3ablbzlan
2 SR-ELITE-5Y- SikluCare"Elite"support plan-5-year $255.00 $510.00 MH-TG-T-3P plan
22 SR-ELITE-5Y- SikluCare"Elite"support plan-5-year $109.00 $2,398.00 MH-TG-T-1P plan
22 5731-20-2 120 V Photocell Power Tap S180_00 $3,960.00 Photocell Power Tap 22 NetwaySP4BT 4Pt Fiber Media $1,292.00 $28,424.00 Anion ix POE Switch WPX Converterl2SFPIPSIL4NEMA4 Power Supplies
22 FMK2 WP2 Pole Mount Kit Outdoor 5154.00 $3,388.00 44 BTL125 12VDCI4.5Ah Lithium Battery $97.00 $4,268.00 1 NetwaySPBWP DUAL FIBER OPTIC SFP 1G LINK,8- $1,369.00 $1,369.00 2X PORT POE+SWITCH AND POWER
SUPPLY
1 FMK2 WP2 Pole Mount Kit Outdoor S154.00 $154.00 2 BTL125 12VDC14.5Ah Lithium Battery $97.00 S194.00 22 LOT Misc Conduit&Straps on Poles 5134.00 $2,948.00 1 LOT Misc Materials $6,667.00 5t6,667.00 1 LOT Cat 6 Direct Burial Cable $2,400.00 $2,400.00 1 LOT Tax(7.75%) $15,632.92 $15,632.92 1 LOT Shipping $3,010.00 $3,000.00
3 LOT Bucket Truck Rentals, Fees(1 Month) $5,953.00 $17,1359.00 Prepared For I Oily Of Upland page I e.zf-C Proposal#RL-101336 version#1
19

IRL Systems
9531 Milliken Avenue F. 1c 1D Cucamonga.GL91730 P:9a0-2e6-1392 F:9UF-390-9397 www•.trls}stems.com Total:1 $247,486.92
p Labor
City Item description Price Ext.Price Notes 1443 Labor-Security Labor-Security Installation 5160.00 5224,480.0D Installation
128 Labor-Security Labor-Security Project Manager 5180_00 523,040-0D Project
Manager
48 Labor-IT Labor-IT Engineer for Security 5220.00 $10,560.00 Engineer for
Security
32 Labor-Security Labor-Security SubmittalsJAs-builts 5105.00 53,360.00 Submittals
Total: $261,440.00
CEty Of Prepared For UplandF.c e %:f C
Proposal#RL-101336 version#1
20

TRL Systems
11IY...
9531 Milliken Avenue Rancho Cucamonga,CA 9173a P:B D- 6-1392 F:9U9-39 0.9 3 9 7 wtiw.h1systemc.cern Quote Summary
p Detail Breakdown
Description Amount
Price Group 1
Materials $247,486.92
Labor $261,440.00
Section Subtotal: $508,926.92
Total: $508,926.92
O Cost Summary Breakdown
Description Amount
Labor $261,440.00
Materials $247,486.92
-rota: $506,9,26.92
Clarifications and Exclusions
<> Clarifications
Video:
• TRL Systems will set up recording on a continual basis. If motion recording is desired.it is the customers responsibility to setup custom motion parameters.
• TRL Systems will provide programming of up to five(5)camerasllayout. Additional programming can be provided at an additional cost.
• All thin client, mobile,or web client requests will fall outside of our general scope and will require additional Engineering labor_
Remote Access:
• Any request for remote access that requires router or firewall programming, including port forwarding,will fall outside of our general scope,and will require additional Engineering labor.

Q Exclusions
• All 120 VAC
• Patching and Painting
Prepared For I City Of Upland Page I 8 of 1 Proposal#RL-181336 version#1
21

IRL Systems
9531 Milliken Avenue Rancho Cucamonga,CA 91 F30 P:6U0-25E-1392 F:509-39D-9397 wtiw.trlsystemc.eorn • Any material or labor not specifically listed as part of this proposal • IP/LAN Addresses,POE GbE network switch at Carnegie Bldg&POE switch at Library,network connections to City Hall server room_
• Preventative Maintenance
• Premium Time
• Troubleshooting and repair of equipment provided by others. • Trenching and coring
• Fiber optic cable/connectors/patch panel
• Light Poles with constant power,Tree trimming
• Graphical maps
• Warranty on equipment provided by others
• After normal hours,weekends,or holidays
• Any cost related to obtaining a'waiver of Subrogation" • Additional city permit fees, Road closure service provider Prepared For City Of Upland Page I 9 of 6 Proposal 4RL-161336 vemion#31
22

TRLSy5ttems
wrr
9531 Mllllken AVMELle R311 116 Cucamonga,CA 91739 P:6913-256-1392 F:999-399-939T Win trisT 1ern6.Cpn Warranty:

TRL Systems provides a standard one(1)year warranty on parts and labor for the installation of our systems.Warranty services are provided during normal service hours,Monday thru Sunday.6:00am to 6:00pm(excluding TRL observed holidays).

Emergency response outside normal service hours and holidays will be charged at the after hours service rates.

Invoicing/Payments:

A mobilization and start-up fee may be invoiced upon project acceptance.The remaining project will be progressively billed on a monthly basis predicated on the percentage of project completion at the end of the month(unless otherwise specified in an agreed upon contract with payee),less previously billed amounts,if applicable.All invoices are due and payable to TRL Systems within thirty(30)days of receipt.Final payment will be made within thirty(30)days of project completion and approval by the Authority Having Jurisdiction.Upon request,unconditional releases will be mailed upon receipt of cleared funds.

Project Mobilization:

The standard lead time for project mobilization is four(4)weeks from the date of receipt of the signed acceptance of this proposal or notice to proceed.This provides for the allocation of labor resources;engineering and submittals;and the order and receipt of necessary equipment for the efficient completion of the installation.In the event an expedited schedule requires utilization of premium time labor and/or rush materials delivery,these costs are not included in this scope of work and will require additional charges.Pricing for this proposal is predicated on free access to the affected work areas during normal installation hours(7:00am to 5:00pm Monday thru Friday).In the event access is not available per the construction schedule due to the request of the Tenant,Owner and/or General Contractor,TRL Systems will charge for re-deployment of the installation crew.

Please note that the price provided within this proposal is valid only if;any subsequent contracts associated and based on this proposal specifies that change orders or additional work will be completed by T.R.L.Systems, Inc.according to the labor rates as set forth within this proposal,also including materials being provided at MSRPor less.Any change orders or additional work needed exceeding 10%of the base contract will be required to be quoted and approved as a separate/additional project.

All contracts and payment remittance should be addressed to the following location:

TRL Systems,Inc.
9531 Milliken Avenue
Rancho Cucamonga,CA 91730
Please reference this quote number when accepting this proposal_ Contractor's license i1413747
Acceptance
Signature:

Name:

Title:

Date:

PO Number:

Of
Prepared For City Proposal#RL-101336 version#1
23

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
24

y�4of Dpts
o d CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT Oytl_10'
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract")if they receive political contribution(s)from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
EYES If yes, please identify the Council Member(s):

FIND

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):

LINO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or a plication. (1). 7
Date S. nature of au orized individual
•"p L S s , mac.

Company/Ap icant Name
(Levine Act definitions on reverse side)

..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY: STEPHEN PARKER,ASSISTANT CITY MANAGER

RICHARD JEGANATHAN,INFORMATION TECHNOLOGY MANAGER

STACEY PADRON,EXECUTIVE ASSISTANT I
SUBJECT: CONSIDER APPROVAL OF AGREEMENT FOR WEBSITE REDESIGN AND HOSTING SERVICES WITH REVIZE INC.USING ARPA FUNDING
RECOMMENDED ACTION:

It is recommended that the City Council approve an agreement with Revize Inc. for website redesign and hosting services for $100,000; and authorize the City Manager to execute the agreement and any documents necessary to implement the website redesign.

GOAL STATEMENT
The proposed action supports the City's goal of redesigning the City website to provide a user friendly experience for both staff and residents.

BACKGROUND
On March 11,2021,the President signed into law the American Rescue Plan Act.Also known as"ARPA,"the federal stimulus program allocates $1.9 trillion over the next three years to help state and local governments respond to the economic and public health impacts of COVID-19.Under the law,each local government agency nationwide receives an allocation of ARPA funds,based on a formula. The City's share is$15.2 million.

On October 11,2021,the City set aside $100,000 of ARPA funding to upgrade our City Website. These funds will also be used within this project to ensure that our website is compliant with ADA guidelines.

The City has been working with California Computer Schools Interactive, Inc. for over twenty years as our primary website host. CCS Interactive is owned and operated in the City of Upland.

In 2002,CCS Interactive worked on upgrading our website by making changes to existing department pages and also improved accessibility to users for local businesses.

ISSUES AND ANALYSIS
On October 1, 2024, the City released an RFP for City Website Redesign and Hosting on the City's website and PlanetBids to reach as many vendors as possible.Vendors were asked to submit proposals that gave their background and ideas while also highlighting the key features that will improve our website's overall functionality. We received a total of 16 proposals from vendors and narrowed the list down to 7 companies who were invited to the next round.

During the week of November 19,2024,the finalists were invited to a demonstration round where our City's Website Committee was able to review presentations and vote on the final decision. The committee made their decision based off each vendor's design,back-end and front-end features,and auditing availability.Revize Inc.was able to encompass the City's mission for our website while also highlighting the ways that they would modernize our website to create a better experience for our residents.

Revize has worked with cities all over California, such as Huntington Beach, Stockton, Pacific Grove, and many others.Their experience in working with government entities extends to a number of County websites as well.Revize's goal for upgrading and modernizing websites is to effectively engage residents, empower non-technical web content editors and administrators to easily execute changes and to implement a solution that allows municipalities to affordably grow their web presence for the long term.

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 total Agreement amount is $100,000. There are available funds in the ARPA Website Upgrade Account No. 2291201-5253-16118.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of December 9, 2024 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Revize, a Michigan Corporation with its principal place of business at 150 Kirts Blvd Suite B Troy, MI 48084(hereinafter referred to as"Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

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

Website Hosting and Redesign Project (hereinafter referred to as "the Project").

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or ten thousand dollars ($10,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed $110,000. Any additional work in excess of this amount shall be approved by the City Council.
1

3. Additional Work.

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

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from December 1, 2024 to January 1, 2029, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").

Consultant shall complete the services required hereunder within The Notice to Proceed shall set forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 2

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3

a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Reserved
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by 4

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

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

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

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

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

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

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent 7

jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

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

14. Verification of Employment Eligibility.

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

15. Reserved.
8

16. Laws and Venue.

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

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

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

20. Limitation of Agreement.

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

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
9

CITY: CONSULTANT:

City of Upland Revize
460 N. Euclid Avenue 150 Kirts Blvd Suite B
Upland, CA 91786 Troy, MI 48084
Attn: IT Manager Attn: Thomas Jean
and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

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

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 10

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

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

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND REVIZE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND REVIZE
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary of Treasurer REQUIRED]
By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By: By:

Keri Johnson
City Clerk Its:

Printed Name:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
12

EXHIBIT A
Scope of Services
Phase 1 — Kickoff Meeting and Discovery/Project Planning Phase 2 — Design Mockups/Wireframes
• 1 mockup for each of the following with unlimited revisions • Home page template and inner page design and layout • Includes up to 3 unique department landing page designs Phase 3 &4— HTML Development & Revize CMS Integration, onetime fee:
• Set-up all CMS modules listed in this agreement
• Integration with all 3rd party web applications
Phase 5 —Quality Assurance, Accessibility, & Custom Development Phase 6 —Sitemap Development & Content Migration:
• Site map development and content migration including spell checking and style corrections— up to 2,000 webpages and documents. Additional pages/files may be added after migration.

Phase 7 —Content Editing Training
Phase 8B — Mobile App Configuration/Launch
Revize Annual Software Subscription, Tech Support, CMS Updates, Website Hosting, Unlimited Users, 50GB website storage, 150GB/Month Bandwidth, SSL Certificate 13

EXHIBIT B
Schedule of Charges/Payments
One time payment - 100 % Project Costs + Years 1, 2, 3, and 4 Prepaid Annual Hosting & Maintenance
14

of 13At

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
421,00
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract")if they receive political contribution(s)from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.govicity-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES if yes, please identify the Council Member(s):
nNo

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? OYES If yes, please identify the Council Member(s):
uNO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application. 11/27/24
Date YCtAr.

Signature of uthorized individual
Revize LLC/Akshaya Ray
Company/Applicant Name
(Levine Act definitions on reverse side)

�� �pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDER APPROVAL OF APPROPRIATION OF$2.5 MILLION IN AMERICAN RESCUE

PLAN ACT FUNDS FOR THE FOOTHILL BOULEVARD IMPROVEMENT PROJECT RECOMMENDED ACTION:

It is recommended that the City Council: 1) approve an appropriation of$1,264,014 in American Rescue Plan Act funds for the Foothill Boulevard Improvement Project;2)approve an appropriation of$1,235,986 previously obligated for indirect administrative services support for the Foothill Boulevard Improvement Project; 3) adopt a Resolution approving an interdepartmental Memorandum of Understanding between the City Manager's Office and the Public Works Department to obligate to obligate American Rescue Plan Act funds in the total amount of$2.5 million towards the Foothill Boulevard Improvement Project;and 4)authorize the City Manager and Acting Public Works Director to execute the Memorandum of Understanding.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's roadways.

BACKGROUND
On March 11, 2021, the President signed into law the American Rescue Plan Act ("ARPA"). The federal stimulus program allocated $1.9 trillion over the following three years to help state and local governments respond to the economic and public health impacts of COVID-19.Under the law,each local government agency nationwide receives an allocation of ARPA funds based on a formula. The City's share is$15.2 million with all funds to be obligated prior to December 31,2024.

On June 22,2024,the City Council authorized$1,521,371 in ARPA funds to be used towards indirect administrative services support.

ISSUES AND ANALYSIS
The City is currently preparing to go out to bid for the Foothill Boulevard Improvement Project from Benson Avenue to Redding Way ("Project"). The capital project includes installing new potable water main and service laterals, concrete repairs to comply with ADA requirements, median island improvements, a complete replacement of the asphalt pavement,and striping.

The total Project cost is estimated at $12 million. Currently, $9.5 million in funding is available from the Road Maintenance Rehabilitation Act (RMRA) Special Revenue Fund, Water Bond Capital Project funding, and grant funding through County of San Bernardino Supervisors Armendarez and Hagman. The remaining funds of$2.5 million will be obligated through ARPA.

The attached MOU expressly creates an obligation between the City Manager's Office and Public Works Department.

The Public Works Department is responsible for obligating and expending the ARPA funds towards this Project by September 30,2026. The Project costs include but are not limited to project design,competitive bidding,construction award,contingencies,inspection and permitting,as well as staff costs associated with project management.The Project schedule is to post the bid and award the contract in January 2025—February 2025 with construction to commence in April 2025 and take approximately 11 months.

On June 22,2024,the City Council authorized$1,521,371 in ARPA funds to be used towards indirect administrative services support. Currently, there is $1,235,986 in unspent obligated funds which can be repurposed towards the Project.

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 are available unobligated ARPA funds in the amount of$1,264,014 with$1,235,986 being repurposed towards the Foothill Boulevard Improvement Project with this action,for a total amount of$2.5 million to be appropriated in Account No.2297500-5540-16170.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING AN
INTERDEPARTMENTAL MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY MANAGER'S OFFICE

AND THE PUBLIC WORKS DEPARTMENT TO OBLIGATE

AMERICA RESCUE PLAN ACT FUNDS IN THE AMOUNT OF
$2.5 MILLION TOWARDS THE FOOTHILL BOULEVARD

IMPROVEMENT PROJECT
WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act ("ARPA"). The federal stimulus program allocated $1.9 trillion over the following three years to help state and local governments respond to the economic and public health impacts of COVID-19; and
WHEREAS, under the law, each local government agency nationwide receives an allocation of ARPA funds based on a formula. The City's share is $15.2 million; and
WHEREAS, recipients much obligate all monies prior to December 31, 2024, with funds to be fully expended by December 31, 2026, except for transportation and Title I projects which must be expended by September 30, 2026; and WHEREAS, the City is currently preparing to go out to bid for the Foothill Boulevard Improvement Project from Benson Avenue to Redding Way ("Project"); and
WHEREAS, the total Project cost is estimated at $12 million; and WHEREAS, the Project includes installing new potable water main and service laterals, concrete repairs to comply with ADA requirements, median island improvements, a complete replacement of the asphalt pavement, and striping; and WHEREAS, the Project construction schedule includes going out to bid in January 2025 with construction to commence by April 2025 and take approximately 11 months to complete; and
WHEREAS, the City currently has $1,264,014 in unobligated ARPA funds which can be used towards the Project; and
WHEREAS, on June 22, 2024, the City Council authorized $1,521,371 in ARPA funds to be used towards indirect administrative services support; and WHEREAS, the City currently has $1,235,986 in unspent ARPA indirect administrative services support which can be used towards the Project; and WHEREAS, utilizing $2.5 million in ARPA funding towards the Project will allow for transportation specific funding to be used towards other critical infrastructure projects; and

Resolution No.

WHEREAS, when the remaining ARPA approved projects are completed, any remaining balance in the project accounts will be transferred to the indirect administrative services support project account to ensure that all ARPA funding remains fully obligated.

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

Section 1. All of the above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby obligates $2.5 million in ARPA funding towards the Project via the attached interdepartmental Memorandum of Understanding in accordance with the federal government's deadline of December 31, 2026.

Section 3. The interdepartmental Memorandum of Understanding expressly creates an obligation between the City Manager's Office and the Public Works Department to expend all ARPA funds by September 30, 2026.

Section 4. The Public Works Department will comply with all reporting and recordkeeping requirements in compliance with federal guidelines on behalf of the City.

Section 5. The City Manager's Office will continue to track all ARPA project spending and any remaining obligated funds from completed projects will be transferred to the indirect administrative services support project account to ensure that all ARPA funding remains fully obligated and spent by the December 31, 2026 deadline.

Section 6. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 7. Certification. The City Clerk shall certify the adoption of this Resolution.

Section 8. 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,