Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD • Possession of a valid registration as a Professional Engineer (PE) issued by the California State Board of Registration for Civil and Professional Engineers, to be maintained throughout employment.
PHYSICAL AND MENTAL DEMANDS:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.
WORK ENVIRONMENT:
Employees typically work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances; incumbents may occasionally be exposed to live electricity and high frequency noise, treated water with chemicals and pesticides and contact with grease, oil, smoke, fumes, and gasses.
Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DETAILS:
Department/Division: Public Works/Utilities
Provides Direction To: Chief Water Treatment Operator, Utility Field Supervisor, Utility Worker, Sr. Utility Worker, Utility Meter Reader,Water Treatment Operator, Sr. Water Treatment Operator, Water Conservation Management Analyst, GIS Technician.
Exemption Status: Exempt
Employment Grouping: Mid-Management
Date Prepared: July 1, 2015, November 2022
Date Updated: July 1, 2019, January 23, 2023
Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD
WATERWORKFORCE
WATER AND WASTEWATER EXPERTS
Cost Summary Sheet
DATE: August 9,2023
CLIENT: City of Upland CONTRACTOR: WATERWORKFORCE Inc. 060 N. Euclid Avenue 1618 Couples Court
Upland CA 91786 Upland CA 91784
SUBJECT: City of Upland—Temporary Staffing Rates
1. Contact/Project Manager for WaterWorkforce
Bret Kadel
951-202-6604
[email protected]
2. Scope of Services:
STAFFING SUMMARY:
This role,operating under the guidance of allocated management, is responsible for carrying out assigned task orders to support the operational needs of the City of Upland Utility Division.These responsibilities encompass on-call services and staff augmentation positions as specified in the "Temporary Staffing Rates."
ESSENTIAL FUNCTIONS and CERTIFICATIONS REQUIRED:
The essential functions and necessary certifications are all detailed in City of Upland job descriptions.
These encompass a wide range of roles, including Water Production,Water Treatment,Water Distribution, Sewer Collections, and Electrical/Technical positions within the City of Upland Utility Division. All on-call services and staff augmentation will require compliance with these essential functions and certifications,ensuring the proper coverage and expertise for the designated roles.
EQUIPMENT USE:
Equipment for all job duties and/or task orders will be provided by the"client".Any additional equipment needed will billed as follows:
Standard Size Truck or Vehicle $20/hr will be added to hourly rate Heavy Equipment Will be billed based on vehicle and daily rates
Wage
Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91 F4E0B3E6BD
WATERWORKFDRCE
WATER AND WASTEWATER EXPERTS
3. Temporary Staffing Rates:
Positions Local Regular Rate Travel Regular Rate Per Hour Per Hour
Utility Systems Worker- Water Trainee $61.00 $82.50 Utility Systems Worker- Sewer Trainee $61.00 $82.50 Utility Worker I/II- Sewer $70.00 $91.50
Lead Utility Worker- Sewer $80.00 $101.50
Water Meter Technician $68.00 $89.50
Lead Water Meter Technician $78.00 $105.44
Utility System Worker Water $70.00 $91.50
Senior Utility System Worker $80.00 $101.50
Cross Connection Control Technician $95.00 $116.50 Water Treatment Operator I/1I $85.00 $106.50
Lead Water Treatment Operator $95.00 $110.96
Chief Water Treatment Operator $105.00 $116.50
Utility System Worker Supervisor $115.00 $136.50
Utilities Manager $135.00 $156.50
Apprentices for Water and Sewer $48.00 NA
(WaterWorkforce Apprenticeship)
On-Call Support:
If an Operator is expected to provide On-Call support,they shall be compensated in the following manner:
• Standby On-Call:if WaterWorkforce Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift,this time will be compensated as one(1) regular hour of time.On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off days),time will be compensated as two(2) regular hours of time.
• Activated On-Call:if WaterWorkforce Operator is called to respond to a system alarm or emergency after hours to Client system,then this time will be charged at a minimum of two(2.5) hours or for the total duration of time from departure from domicile to return to domicile,whichever is greater.
Standard labor laws shall apply if Operator happens to have accrued the appropriate number of hours to constitute overtime.
Wage
Docusign Envelope ID: D66960E4-0E67-4A9C-9723-91F4E0B3E6BD WATERWORKFORCE Quote
WATER AND WASTEWATER EXPERTS Request
Bret Kadel Date Quote#
1619 Couples Ct, Upland CA 91784 7/31/2023 1116 Phone#840-977-8740 Expiration 8/31/2023
[email protected]
Attention
City of Upland
Braden Yu, P.E.
Public Works Director
060 N. Euclid Avenue, Upland CA 91786
Representative Terms _ Project
Bret Kadel Net 30 Operations
Quantity Category Description Rate Amount (hours)
J
Recruit, screen, interview,and assign temporary
360 O erations employee(s)to perform the type of work described on Task p Order(s)(Exhibit A)provided.This is under City of Upland $135.00 $48,600.00 supervision at the locations specified.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
_ $0.00
Total $48,600.00
www.waterworkforce.com Payments/Credits
Balance Due
,I_
Approval to Proceed (Name and Title) 1 ctr 4.—( 1514(,j , nfla- ta-� Signature and Date d
A
1g - - 23
4 or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
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 $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 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 $500 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): _ X NO
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 $500 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):
X NO
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. 3/31/2025 3/2,$2-t— Gi,
Date Signature of authorized individual
WaterWorkforce Inc I Bret Kadel
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
MINUTES OF THE REGULAR MEETING OF THE
PUBLIC WORKS COMMITTEE
April 8, 2025
5:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:00 p.m.
In attendance: Chair Breitling, Committee Members Maust, Damrath, D'Braunstein, Ickis, Miller. Mayor Velto, and Council Member Zuniga were present in the audience.
Absent: None.
Staff in attendance: Assistant City Manager Arrula, Assistant City Manager Parker, City Clerk Johnson, Contract Public Works Project Manager Alanis, and Environmental Compliance Program Manager deMoet.
2. ORAL COMMUNICATIONS
Chair Breitling stated that oral communications on agenda items would be taken after staff presentation and at this time members of the public could comment on items not listed on the agenda. City Clerk Johnson stated that all speaker cards submitted were for item 3b on the agenda.
3. AGENDA ITEMS
Chair Breitling announced that this item would be presented prior to agenda item 3a. b. CONSIDERATION OF PLACING UTILITY BILLS ON THE SAN BERNARDINO
COUNTY TAX ROLLS
Contract Public Works Project Manager Alanis presented the staff report along with a PowerPoint presentation.
Chair Breitling called for oral communications on this item.
Karen Casey, Upland, stated that while change can be challenging, the proposal is a positive opportunity to save the city money and commended the efforts in finding creative solutions to stretch limited resources.
A number of individuals spoke in opposition of the proposed transfer of utility bills to the tax rolls stating it would be a burden to property owners, could cause liens and foreclosures on residents' properties, and be a financial strain to senior citizens and those on a fixed income. The following spoke:
Mark Walters, Upland Sandy Brenneman, Upland
Dede Ramella, Upland, Mike Nunez, Upland
Eric Hansen, Upland
1
A discussion took place regarding several key topics, including the application of fees to property tax bills, the use of utility bills for advertising, resident billing rates, and notification procedures for rate increases. Questions were raised about the teeter process, the cost impact on property tax bills, and the timeline for the County to collect delinquencies. Additionally, there was inquiry about whether residents could make extra payments through their mortgage companies' escrow accounts, as well as how Burrtec notifies residents.
Assistant City Manager Parker provided clarification on the trash billing process for tenants, the process of transferring accounts to property owners, and the responsibilities of both property owners and tenants.
There was further discussion on the role of homeowners' associations, senior discounts for Burrtec services in neighboring cities, the costs for Upland residents, and the use of similar processes in other cities for utility fees.
This item was for receive and file only, no action was taken.
At 6:21 p.m. Chairperson Breitling called a recess and the Committee reconvened the meeting at 6:28 p.m.
a. REVIEW OF URBAN FOREST MANAGEMENT PLAN CHANGES, CITIZENS
APPEALS, AND RISK MANAGEMENT CLAIMS
Contract Public Works Project Manager Alanis presented the staff report and answered questions posed by the Committee regarding the tree inspection schedule, the street tree replacement process.
The Committee requested the addition of street tree data in future staff reports for the Urban Forest Management Plan.
This item was for receive and file only, no action was taken.
4. COMMITTEE MEMBER COMMENTS
Committee Chair Breitling welcomed new Committee Members D'Braunstein and Miller and the Committee thanked the community for sharing their input and feedback.
5. ADJOURNMENT
Chair Breitling adjourned the meeting at 6:40 p.m. to the next regularly scheduled Public Works Committee meeting on Tuesday, July 8, 2025.
Keri Johnson, City Clerk
1
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**AGENDA**
Tuesday, April 8, 2025
5:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the meeting remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
1. CALL TO ORDER AND ROLL CALL
2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.
Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.
3. AGENDA ITEMS
a. REVIEW OF URBAN FOREST MANAGEMENT PLAN CHANGES, CITIZENS APPEALS, AND
RISK MANAGEMENT CLAIMS
Recommended Action:
The Public Works Committee receive and file this report confirming that no changes have been made to the Urban Forest Management Plan, no citizen appeals have been filed, and that all risk-related matters continue to be managed by the City's Risk Management Division, in accordance with Upland Municipal Code §12.26.110.
b. CONSIDERATION OF PLACING UTILITY BILLS ON THE SAN BERNARDINO COUNTY TAX ROLLS
Recommended Action:
The Public Works Committee receive and file this report.
4. COMMITTEE MEMBER COMMENTS
5. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, July 8, 2025.
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 Thursday, April 3, 2025 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov
The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)
� �p1
4,� 9I" CITY FUPLAND
I. �� "The City of Gracious Living"
C.1tIFOB . C-S'lay?(kr Oilt
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DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
CLIFF MATHEWS,POLICE CAPTAIN
BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.04.140 OF THE UPLAND
MUNICIPAL CODE RELATED TO KEEPING ANIMALS WHICH DISTURB THE PEACE RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 6.04.140,"Keeping Dogs and Animals which Disturb the Peace Prohibited".
GOAL STATEMENT
The proposed action supports the City's goal of enhancing quality of life,public health,public peace,public safety, and maintaining order. The proposed action will support peaceful communities and neighborhoods,while providing a remedy to better enforce animal noise nuisances.
BACKGROUND
The current Upland Municipal Code Section 6.04.140("Code")prohibits the keeping of dogs and animals that disturb the peace.The current Code is ineffective due to the need for verification of persisting violations by either an animal services officer or a neighbor,other than the complainant,before action can be taken. Animal services officers often struggle to confirm violations because nuisance noise may not occur during their limited surveillance hours. In particular, animal services officers generally do not work evening hours when violations often occur. Additionally, the verification process is resource-intensive,and subjective determinations of nuisance can vary.Neighbors also face time constraints and difficulty providing surveillance evidence.Furthermore,determining what constitutes a nuisance can be subjective,as the specifics of each case may vary.
The current Code is further challenged by the requirement for anonymous complaints,which complicates presenting evidence in court or in an administrative hearing. Without direct testimony from a complainant,the burden of proof falls on animal services, often resulting in repeated, unresolved complaints and increased costs for the city.
Additionally,penalties for first-time violations are minimal,providing little deterrent for persistent offenders.
Animal Services struggle to verify nuisance complaints, resulting in repeated visits to the violator's address and prolonged investigations.This wastes City resources and often leads to unresolved issues and frustrated complainants.
The current Code offers little deterrence,as the first three violations are infractions with minimal penalties.A violation only becomes a misdemeanor after there are more than three violations within six months, which fails to effectively discourage repeat offenders.
The current Code requires amendment for more effective solutions for the community.
ISSUES AND ANALYSIS
The proposed ordinance addresses the issues described above by requiring at least two written complaints from separate residences within 200 yards of the animal noise nuisance or one written complaint with video and audio evidence showing continuous animal noise for 30 minutes, or intermittent noise for 60 minutes in a 24-hour period.
The video evidence must include footage of the animal creating the nuisance to substantiate the claim. Complainants can also provide additional evidence such as photographs, video footage, audio recordings, logs, or other evidence along with eyewitness accounts to substantiate the animal nuisance claim. This change reduces disputes between neighbors and strengthens the case for enforcement.
Once a formal complaint is received,the enforcement official will send a courtesy letter allowing 15 days from the date of the letter for the nuisance to be resolved.If the violation continues,a notice of violation may be issued,giving the owner 15 days to abate the issue. If the nuisance persists, a citation may be issued,but only if the complainant(s) signs a document provided by the City under penalty of perjury, attesting they witnessed the violation, the complainant(s) is willing to assist in the prosecuting the nuisance animal noise violation, and the complainant will testify in court or an administrative hearing regarding the nuisance animal noise violation.
The proposed amendment streamlines the investigative process by allowing complainant(s)to present evidence and testimony directly, saving city time and resources. It also allows complainant(s)to testify in support of the evidence, bolstering the case in court or an administrative hearing.Additionally,it introduces progressive fines,compliant with state law: $250 for the first violation, $500 for a second within one year, and $1,000 for each subsequent violation within the same period. It also allows the city to enforce animal noise nuisance violations by means of administrative enforcement,administrative fines,criminal prosecution,civil enforcement,restraining orders,or injunctions.
Finally,the proposed amendment allows the City the potential to recover various costs incurred in investigating and prosecuting violations. These costs include, but are not limited to, animal services costs, law enforcement costs, investigation costs, administrative costs, attorneys' fees and costs, prosecution fees and costs, and court costs. By outlining these recoverable expenses, the City can recoup some of the financial resources spent on enforcement activities. This also provides a clear understanding of the potential costs involved for individuals who may be subject to penalties under the ordinance. Additionally, it helps to ensure that public funds are not unduly stretched in the process of addressing violations.
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
While the exact fiscal impact is difficult to estimate, the increase in fines and the implementation of cost recovery measures are expected to offset enforcement costs and improve the efficiency of the nuisance complaint process.The reduced workload for enforcement staff,combined with increased revenue from fines and cost recovery,will result in both immediate and long-term savings for the City.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, AMENDING UPLAND MUNICIPAL
CODE SECTION 6.04.140 CONCERNING KEEPING DOGS
AND ANIMALS WHICH DISTURB THE PEACE
WHEREAS, the City of Upland ("City)" desires to maintain order and enhance public safety; and
WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and
WHEREAS, it is the City's duty to protect public health, peace, safety, and welfare of the community; and
WHEREAS, the City now desires to amend its existing ordinance related to animals declared to be a nuisance by amending Upland Municipal Code 6.04.140.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Amendment of Chapter 6.04. Section 6.04.140 of Chapter 6.04 of Title 6 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"A. It is unlawful for any person to keep or harbor any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys the use and enjoyment of neighboring parcels ("nuisance animal noise"). Such keeping or harboring any nuisance animal noise are hereby declared to be a public nuisance, and each day thereof shall constitute a separate offense.
B. Except as may be permitted by state law or as provided in subsection 4, it is unlawful for any person to permit, allow, aid, or abet any nuisance animal noise, if such person either knows or reasonably should have known that any nuisance animal noise is occurring on property in that person's possession or control.
1. Any person who permits, allows, aids, or abets any nuisance animal noise on or from a property under their possession or control shall be deemed to have actual or constructive knowledge that nuisance animal noise is occurring if the person has not taken all reasonable steps to prevent the nuisance animal noise.
2. Any person who permits nuisance animal noise on or from property under their possession or control shall be rebuttably presumed to have
actual or constructive knowledge if such person is present at such premises at any time during the time the nuisance animal noise has occurred.
3. It is the duty of any person in the possession or control of any property to take all reasonable steps to prevent nuisance animal noise on or from the property.
4. Any person who has possession or control of the property where nuisance animal noise is located and initiates contact with the City of Upland to request assistance in removing the cause of the nuisance animal noise from the property or otherwise terminating the nuisance animal noise shall not be deemed to be in violation of this chapter if such request for assistance is made before any other person contacts the City of Upland to complain about any violation of this chapter.
C. Enforcement of nuisance animal noise complaints related to this section is subject to the following:
1. The violation may occur at any time, day or night.
2. The nuisance animal noise must occur in the City of Upland.
3. The investigation shall include:
(a) At least two formal written complaints signed under penalty of perjury and filed with the City of Upland are required from separate parties occupying separate properties that are within 200 yards of the property on which the nuisance animal noise is occurring OR (b) One formal written complaint signed under penalty of perjury and filed with the City of Upland is required from a party occupying property that is within 200 yards of the property on which the nuisance animal noise is occurring and the complainant shall provide video with audio surveillance showing continuous nuisance animal noise for at least 30 minutes in any twenty-four hour period, or intermittent nuisance animal noise for 60 minutes or more during any twenty-four-hour period. The animal creating the nuisance animal noise shall be seen in the video with audio surveillance provided by the complainant.
4. An authorized enforcement official designated by the Chief of Police may enforce this chapter.
5. Upon receiving a formal written complaint, the enforcement official may send a courtesy letter to the animal owner, animal keeper, or person in possession or control of the property notifying the animal owner/keeper or person in possession or control of the property of the nuisance animal noise complaint in order to allow the animal owner/keeper or person in possession or control of the property the opportunity to promptly eliminate the nuisance animal noise.
6. The enforcement official shall allow for a minimum of 15 calendar days from the date the courtesy letter was sent to the animal owner/keeper or person in possession or control of the property for the nuisance animal noise to be eliminated.
7. If the nuisance animal noise continues, the enforcement official may serve a Notice of Violation on the animal owner/keeper and/or the person in possession or control of the property on which the nuisance animal noise is located. The Notice of Violation shall require the animal owner/keeper and/or the person in possession or control of the property to abate the nuisance animal noise within 15 calendar days.
8. If the nuisance animal noise continues after 15 calendar days from the date the Notice of Violation was sent to the animal owner/keeper and/or the person in possession or control of the property, the enforcement official may prepare a citation to be issued to the animal owner/keeper and/or the person in possession or control of the property. The citation shall only be issued if the complainant(s) signs a document provided by the City under penalty of perjury attesting the complainant(s) witnessed the nuisance animal noise violation, the complainant(s) is willing to assist in prosecuting the nuisance animal noise violation, and the complainant will testify in court or an administrative hearing regarding the nuisance animal noise violation.
9. The complainant(s) may provide photographs, video footage, audio recordings, logs, or other evidence along with eyewitness accounts to establish a violation of this section.
10.After the complainant(s) signs the citation, the enforcement official will issue the citation to the animal owner/keeper or person in possession or control of the property on behalf of the complainant(s) that signed the citation.
11.Any violation of this section is hereby declared to be a misdemeanor and a public nuisance punishable in accordance with Title 1 of this Code.
12.Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of the provisions of this section is committed, continued, or permitted by such person, and each instance shall be deemed separately punishable after the initial citation is issued.
13.A first violation of this chapter shall be subject to a fine of $250.00, a second violation of this chapter within one year of the first violation shall be subject to a fine $500.00, and each additional violation of this chapter within one year of the first violation shall be subject to a fine of $1,000.00. If a second or third citation occurs more than one year following a prior citation, than for purposes of calculating and imposing fines under this section, it shall be deemed to be the first violation.
14.The city may enforce any violation of this section by any and all means available under law including, but not limited to, administrative enforcement, administrative fines, criminal prosecution, civil enforcement, restraining orders, and injunctions.
15.If a violation of this chapter is determined through an administrative hearing or court process, the city is expressly entitled and authorized to recover any and all costs incurred by the city to investigate and prosecute violations of this section including, but not limited to, animal services costs, law enforcement costs, investigation costs, administrative costs, attorneys' fees and costs, prosecution fees and costs, and court costs.
16.The penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city including but not limited to, those provided in Chapter 1.20 of this Code.
D. It is unlawful to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the same is declared to be a public nuisance.
E. No owner or keeper or person having custody or control of any dog, cat or other animal shall knowingly fail, refuse or neglect to clean up any feces of such animal immediately and dispose of it in a sanitary manner whenever such animal has defecated upon public or private property without the consent of the owner or person in lawful possession or charge of the property.
F. The provisions of subsection E of this section shall not apply to any unsighted person accompanied by a guide dog, nor shall they be construed to require or countenance any act of trespass upon private property.
Whenever the feces to be cleaned up cannot be reached without a significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection E to clean it up shall first attempt to obtain consent to do so from the owner or person in lawful possession or charge of the property.
G. It is declared to be a nuisance and it is unlawful for any person, either owner, tenant, principal, agent or employee, to keep or permit to be kept at or upon any premises owned or occupied by him or her in the city any animal or bird enclosure in a foul, noxious, or filthy condition. All property or premises where any animal or bird is kept shall be maintained clean and sanitary. Any feces, uneaten food or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate. This provision shall not prohibit the owner or occupant of any premises from storing such feces, uneaten food, or other matter in a closed container prior to disposal." Section 3. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title
14, chapter 3 ("CEQA Guidelines"), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end of the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date. This Ordinance shall become effective 30 days following its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2025 Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2025, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
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DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
BRYCE MILAKOVICH, SERGEANT
SUBJECT: CONSIDERATION OF AN ORDINANCE REGARDING HARDSHIP WAIVERS FOR
INFRACTION FINES
RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading and introduce an ordinance adding Sections 1.22.050 D., 1.22.050 E., 1.22.050 F., and 1.22.050 G. to the Upland Municipal Code to provide hardship waivers for infraction fines.
GOAL STATEMENT
The proposed action supports the City of Upland's desire to provide a system for persons in the community who may be experiencing financial hardship to apply to have certain fines reduced. The proposed action also supports the City of Upland's desire to align with California state law regarding the requirement to adopt a hardship waiver system for infraction fines, fines issued in violation of the building and safety code, and for fines concerning short-term rental violations.
BACKGROUND
Currently,the City of Upland has numerous municipal code violations that are labeled infraction.The City of Upland does not currently have a hardship waiver system where fines may be reduced based on proof of a person's financial hardship. It is necessary for the City to adopt a hardship waiver system for persons in the community who are issued citations in order to comply with California state law.
ISSUES AND ANALYSIS
Under Government Code 36900,cities are required to establish a process for granting hardship waivers to reduce the amount of a fine upon showing the person receiving a code violation citation has tried to comply after the first violation and that the payment of the full amount of the fine would impose an undue financial hardship on the violator. This California law requires cities to offer a financial hardship waiver process for all infraction fines for the second and subsequent infraction violation within one year,a second and subsequent infraction violation of the building and safety code within one year,and any infraction fine for infraction violations issued for short-term rental violations.
To comply with Government Code 36900 the City must make available a process to reduce fines for persons cited for infractions who are experiencing a financial hardship. The proposed ordinance sets forth the process to claim a financial hardship and apply for a reduction in fines for the second or subsequent violation of any infraction within one year of the first violation, a second or subsequent violation of any infraction concerning a building or safety citation issued within one year of the first violation, or a citation for a violation of the Upland Municipal Code concerning a short-term rental.
If the ordinance is adopted, the citee may apply for a fine hardship reduction through a waiver application form obtained from the city clerk. The application, along with supporting documents showing a genuine effort to comply with the applicable code and evidence of undue financial burden,must be submitted to the City's finance director or designee.
Documents supporting an application for fine reduction consideration may include a written declaration of financial hardship, state and federal tax returns, financial statements, loan applications, bank records, and income/expense records from the previous 12 months,all as deemed required or acceptable by the finance director or designee.These should be submitted with redactions of private information.After review,the finance director or designee will issue a
written decision, explaining the reasons for granting or denying the waiver and any fine reduction. The decision will be sent by first-class mail or email(if consented to in writing).The citee must pay any fine within 10 days of receiving the decision.
A citee's failure to submit a completed fine hardship waiver or reduction application and supporting documents within five days of receiving the citation will constitute waiver of their right to the hardship waiver or reduction. If granted, the fine amount in the written decision will determine the deposit required for an administrative hearing.
Overall, establishing the foregoing hardship waiver process will bring the City into alignment with California state law and provide a process whereby fines may be reduced for certain violations based on financial hardship.
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 proposed action may have a fiscal impact on the City,potentially resulting in a modest decrease in revenue from citations.However,this reduction is not anticipated to be significant and is unlikely to affect the City's overall budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND AMENDING THE UPLAND MUNICIPAL CODE BY
ADDING SECTIONS 1.22.050 D., 1.22.050 E., 1.22.050 F.,
AND 1.22.050 G. REGARDING HARDSHIP WAIVERS FOR
INFRACTION FINES
WHEREAS, the City of Upland ("City") desires to provide a system for persons in the community who may be experiencing a financial hardship and thus may need to have an infraction fine reduced or waived; and
WHEREAS, the City desires to align with California state law regarding the requirement to have a hardship waiver system for infraction fines, infraction fines related to building and safety codes, and infraction fines regarding short-term rentals; and
WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and
WHEREAS, the City Council now desires to amend the Upland Municipal Code by adding Sections 1.22.050 D., 1.22.050 E., 1.22.050 F., and 1.22.050 G., to provide the community a hardship waiver system for infraction fines, infraction fines related to building and safety codes, and infraction fines regarding short-term rentals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Amendment of Upland Municipal Code. The Upland Municipal Code is amended by adding Sections 1.22.050 D., 1.22.050 E., 1.22.050 F., and 1.22.050 G. to read in their entirety as follows:
"D. In the event the citee is fined for any violation of Chapter 17.23.1 (Short- term rentals), or is fined for a second or subsequent violation of any other provision of this code (including local building and safety codes) within one year of the first violation, and the violation would otherwise constitute an infraction, then the citee may submit a request to the city for a fine hardship waiver to reduce some or all of the amount of the fine within five days from the date the citation is issued. The request shall be submitted to the city's finance director or his or her designee on a fine hardship waiver application form available from the city clerk together with all supporting documents demonstrating to the satisfaction of the finance director or his or her designee that the citee has made a bona fide effort to comply after the first violation and the payment of the full amount of the fine would impose an undue financial burden on the citee. Documents suitable for consideration demonstrating the citee's bona fide effort to comply may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting
Ordinance No.
to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the citee's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year, financial statements, loan applications, bank account records, and income and expense records for twelve months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the citee's fine hardship waiver application, the city will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.
E. The finance director or his or her designee shall issue a written decision specifying the reasons for not granting the fine hardship waiver, or if the fine hardship waiver is granted, the reasons for granting the fine hardship waiver with an explanation of the reduced amount of the fine imposed. The decision shall be served upon the citee by first-class mail or via email if the citee consents in writing to email service. The decision shall be deemed served on the date of personally serving, mailing, posting, or emailing as the case may be. The citee shall remit any fine amount owing within ten days of service of the written decision.
F. The citee's failure to file a completed fine hardship waiver application form with supporting documents within five days after service of the citation shall constitute a waiver of the right to receive a fine hardship waiver.
G. Should the citee be granted a fine hardship waiver, the amount in the written decision shall be controlling for purposes of the deposit required for an administrative hearing pursuant to section 1.22.080."
Section 3. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end of the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Ordinance No.
Section 5. Effective Date. This Ordinance shall become effective 30 days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of , 2025 Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2025, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
�� UPL�,4, City of Upland
V/.V. d Office of the City Clerk
LrFo0
CITY OF UPLAND
FINE HARDSHIP WAIVER APPLICATION FORM
Citation No.: Date of Citation:
Name (Contesting Party):
Mailing Address:
Telephone Number: E-mail:
Per the Upland Municipal Code (UMC 1.22.050D-F), any person who is fined fora second or subsequent violation of any provision of the Upland Municipal Code within one year of the first violation, and the violation constitutes an infraction or who is fined for an infraction violation of Chapter 17.23.1 concerning short-term rentals may submit a request to the city's finance director for a fine reduction. The citee shall submit documents suitable for consideration demonstrating the citee's financial hardship such as but not limited to copies of state and federal income tax returns, financial statements, loan applications, bank account records, and income and expense records for twelve months preceding submittal of the fine hardship waiver application form. The city's finance director or his or her designee will review the hardship waiver form and documents and produce a written decision on whether a fine reduction is granted. The citee shall remit any fine amount owning within ten days of service of the written decision. The citee shall file a completed financial hardship application form within five days after service of a citation.
REASON(S)FOR HARDSHIP WAIVER:
I declare under penalty of perjury that the foregoing statement and information provided by me is correct.
Signature (Contesting Party) Date
Please mail or deliver this form with attached documentation to: City of Upland Finance Office,Attn:Administrative Citations, 460 N Euclid Ave, Upland, CA 91786
FOR FINANCE USE ONLY
Date Request Received: Received By:
Received via: Mail In-Person Other
Approved Denied Date Signature
PLEASE FORWARD COPY TO CITY CLERK
UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, U igiag,f4 gR§g
���� �pl"� CITY FUPLAND
it. 4 _y "The City of Gracious Living" C,,tIFOBw
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DATE: April 14,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ESTABLISHING AN AD HOC COMMITTEE AND APPOINT MEMBERS RECOMMENDED ACTION:
It is recommended that the City Council establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel.
GOAL STATEMENT
The proposed action supports the City's goal of promoting policies and programs that are in the best interest of the public.
BACKGROUND
In July 2022 the City Council reviewed options presented by the City Attorney regarding implementing an appointment process for Planning Commissioners. Based on the Council's direction, the City Attorney prepared a Resolution revising the policies and procedures relative to the establishment and operation of the Planning Commission. That Resolution was adopted in August 2022.
ISSUES AND ANALYSIS
Commissioner Johnson's term is ending in June 2025. Section 5 of the Guidelines and Policies Governing Commissions,Committees,Boards and Authorities attached to Resolution No.6818 states that in appointing Planning Commissioners,whenever there is a vacancy on the Planning Commission,the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tern (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission and the Development Services Director. Once a Planning Commissioner vacancy is filled by the Mayor's appointment and the City Council's ratification,the ad hoc committee shall disband.
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. 6818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND
AMENDING THE POLICIES AND PROCEDURES RELATIVE TO THE
ESTABLISHMENT AND OPERATION OF COMMISSIONS,
COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO
ADVISE THE CITY COUNCIL
Whereas, the use of citizen Commissions, Committees, Boards, and Authorities to advise the City Council on issues of public concern is an efficient and effective means of involving citizens in policy development; and
Whereas, Chapter 2.16 and Section 2.20.030 of the Upland Municipal Code provides that the City Council shall by resolution, establish a process for the screening of individuals desiring to serve as City Commission, Committee, Boards or Authority members; and Whereas, the effective use of these Commissions, Committees, Boards, and Authorities is furthered by clear guidelines governing their creation and operation; and Whereas, the City Council adopted Resolution No. 4331 which established guidelines governing the creation and operation of established Commissions, Committees, Boards and Authorities; and
Whereas, from time to time there is a need to eliminate or amend the established rules governing the operation and creation of Commissions, Committees, Boards, and Authorities, which was the basis for the adoption of Resolution Nos. 5786, 6038, 6270, 6397, 6504, 6539, 6581, 6583, 6608, 6681, and 6704; and
Whereas, the City desires to provide a fair and equitable manner by which citizens are appointed to City Commissions, Committees, Boards, and Authorities, which is free of undue influence, but which advances the authority provided by Government Code Section 40605; and
Whereas, the City Council may establish standing committees of the legislative body to provide an opportunity for fact finding prior to consideration by the entire Council; and Whereas, the City Council established the Recreation Committee by Resolution No. 4839 on June 9, 1997, and rescinded previously adopted Resolution Nos. 2600, 3324, 3626, 4212 and 4474 and amended Resolution Nos. 4331 and 5007; and Whereas, the City Council later amended the composition of the Recreation Committee with Resolution No. 5007, dated February 8, 1999, adding two School Board Members to the Committee; and
Whereas, the City Council added the Finance & Economic Development Committee, Police & Fire Committee, and Public Works Committee with Resolution No. 5290, dated December 10, 2001; and
Whereas, the City Council amended the Standing Legislative Committees by Resolution No. 6539 to include Economic Development Committee, Finance Committee, Police & Fire Committee, and Public Works Committee; and
Whereas, the Council amended, by Resolution No. 6581, the Economic Development Committee, Finance Committee and Public Works Committee to include five citizen advisory members; and
Resolution No. 6818
Whereas, the City Council established, by Resolution No. 6583, the Environmental Sustainability Advisory Committee and the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee and dissolved the Traffic Safety Advisory Committee; and Whereas, the City Council amended, by Resolution No. 6608, the Finance Committee Membership to include the City Treasurer without restriction; and Whereas, the City Council amended, by Resolution No. 6681 the process for selection of new Planning Commissioners to fill vacancies; and
Whereas, the City Council by Resolution No. 6704 consolidated certain City Commissions, Committees, Boards, and Authorities; and
Whereas, the City Council now desires to dissolve the Parks, Arts, Recreation and Community Services Advisory Committee and consolidate their duties with the Public Works Committee; and
Whereas, the City Council now desires to change the quarterly meeting schedule of the Economic Development Committee to avoid regular meetings coinciding with the Labor Day Holiday.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The City Council hereby amends the established guidelines and policies governing Commissions, Committees, Boards and Authorities of the City ("Guidelines and Policies") attached hereto and incorporated herein by reference, including the changes set forth in sections 2, 3, 4, 5, and 6 of this Resolution, and further including by incorporating, by reference, all prior actions taken by the City Council to eliminate or modify Commissions, Committees, Board, and Authorities to the extent they are not inconsistent with the attached Guidelines and Policies.
Section 2. The City Council hereby amends the Guidelines and Policies by dissolving and eliminating the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee.
Section 3. The Council hereby amends the Guidelines and Policies by consolidating the duties of the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee with the Public Works Committee.
Section 4. The City Council hereby amends the Guidelines and Policies by changing the quarterly schedule of the Economic Development Committee to the first Monday of February, May, August, and November.
Section 5. The City Council hereby amends the Guidelines and Policies by reducing the number of members on the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee members to five and changing the meeting frequency to quarterly. In order to reduce the membership to five, each Councilmember shall nominate only one individual to serve on the Committee.
Section 6. 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
Resolution No. 6818
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 and enter it into the book of original resolutions.
Section 8. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 10th day of February, 2025.
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 10th day of February, 2025 by the following vote:
AYES: Mayor Velto, Councilmembers Zuniga, Breitling, Garcia, Maust NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Keri Johnson, Cit rk
GUIDELINES AND POLICIES GOVERNING
COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES.
SECTION 1. CREATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES The Upland City Council shall have the power from time to time by resolution to create such Commissions, Committees, Boards, and Authorities which are necessary or deemed advisable by the Council to carry out the governmental functions of the City in the manner reflecting the best interest of its citizens. The number of members to each Commission, Committee, Board, and/or Authority shall unless otherwise required by law, correspond to the number of members of the appointing body as authorized by law. Each active member of the Upland City Council shall have an appointee on each Commission, Committee, Board and/or Authority. Each appointee shall be a citizen nominated by the Mayor or Councilmember, respectively, and approved by a majority vote of the City Council and appointed by the Mayor.
SECTION 2. DEFINITION
"Commission" shall be any group established pursuant to the Upland Municipal Code. "Committee" shall be any group of individuals which shall have any ongoing charge from the City Council and which are formed by resolution. "Committee" shall not include Committees composed solely of elected officials. "Board" shall be any group formed pursuant to State law providing for same. "Authority" shall be any group formed pursuant to State law providing for same. "Standing Legislative Committee" shall include committees comprised of elected officials who will review operational concerns prior to official council action.
SECTION 3. APPLICABILITY
The provisions of this resolution shall apply to all Commissions, Committees, Boards, and Authorities hereafter created by resolution of the City Council and to existing Commissions, Committees, Boards, and Authorities as identified on the attachments hereto. The provisions of this resolution shall supersede any minute motion or resolution of any prior City Council of Upland which is in conflict with the provisions of this document. Insofar as possible, the provisions of this resolution shall govern the operation and creation of Commissions, Committees, Boards, and Authorities appointed by the City Council except in those instances where the provisions of this resolution conflict with provisions of State or Federal law.
SECTION 4. APPOINTMENT AND APPLICATION PROCESS
The City Clerk shall maintain a roster of individuals who expressed interest in serving on City Commissions, Committees, Boards, and Authorities, who may be nominated by a serving member of the City Council, and who have completed an application form in a manner established or approved by the City Council. Said application shall indicate among other things, the Commission, Committee, Board, or Authority on which said individual is interested in serving. Any application filed shall be valid for a period of three (3) years. Incumbent Commission, Committee, Board, or Authority members shall submit an application prior to the end of their term if they would like to be considered for reappointment. Members of the City Council shall make appointments from this roster.
SECTION 5. SELECTION AND APPOINTMENT
Members of the City Council requiring representation on a particular Commission, Committee, Board, or Authority shall review the list of applicants and submit a nominee to the City Clerk.
Councilmembers will give consideration to candidates who reside in their respective district.
If a Councilmember cannot find a suitable candidate to nominate from the Councilmember's respective district, the Councilmember may nominate a candidate from a different district at
that Councilmember's discretion. The City Clerk shall place nominations before the City Council for its review and approval as and when necessary.
For selections made by the Mayor and ratified by the City Council, the Mayor shall review the list of applicants and submit a nominee to the City Clerk. The City Clerk shall place the nominations before the City Council for its review and approval as and when necessary.
In appointing Planning Commissioners, whenever there is a vacancy on the Planning Commission, the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tern (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission (or other Planning Commissioner designated by the Mayor if the Chair is seeking re-appointment) and the Development Services Director. The committee advisors shall have no voting power during the selection process. The ad hoc committee meetings shall not be subject to the Brown Act. However, at the Mayor's discretion, the ad hoc committee meetings where candidate interviews are conducted may voluntarily be conducted open to the public, while the rating and discussion of candidates may be closed to the public. Each City Councilmember may recommend at least one applicant from their District for an interview by the ad hoc committee. Once a Planning Commissioner vacancy is filled by the Mayor's appointment and the City Council's ratification, the ad hoc committee shall disband.
Appointments to standing legislative committees (Economic Development, Finance Committee, and Public Works Committee) are made by the Mayor biannually to coincide with elections and may be reviewed and reassigned annually or as needed. The Public Works Committee, will also include five advisory members, one advisory member appointed by each Councilmember.
SECTION 6. TERMS OF COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES For Council nominated appointments the term of each Commission, Committee, Board, and Authority member shall coincide with the holding of office by the nominating member of the City Council, unless otherwise prescribed by resolution creating the Commission, Committee, Board, or Authority.
For appointments made by the Mayor, the term shall be as outlined in the creation of the Commission, Committee, Board, or Authority.
No Commission, Committee, Board, or Authority member shall serve for more than two (2) consecutive terms on any individual Committee, Commission, Board, or Authority without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 7. REMOVAL FROM COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES Any Committee, Commission, Board, or Authority member may be removed from office during their unexpired term upon vote of the City Council, when in the sole discretion of the Council said removal is deemed appropriate. If the request for removal is from the appointing Councilmember, removal of the appointee will require a majority vote of the Council. Any request for removal from any member of the Council other than the nominating Councilmember will require a 4/5 vote of the Council. Notwithstanding the foregoing, if the appointee's nominating Councilmember is no longer a part of the Upland City Council or Mayor, that appointee shall be deemed to have automatically resigned the seat they hold upon the filling of the City Council vacancy.
SECTION 8. RESIDENCY OF COMMISSION, COMMITTEE, BOARD, AND AUTHORITY
MEMBERS
In order to be appointed to a Commission, Committee, Board, or Authority, a prospective appointee must be a resident of the City of Upland and must remain in residence throughout the term of their appointment, unless a member is appointed by another entity. This provision may be waived upon an affirmative 4/5ths vote of the Council.
SECTION 9. CHAIRPERSON SELECTION
With the exception of the Planning Commission, the Library Board, and the Personnel Board of Review, the member appointed by the Mayor to any Commission, Committee, Board, and/or Authority shall serve as the Chairperson of that body. With regard to the Planning Commission, the Library Board, and the Personnel Board of Review, the members of said bodies shall select, nominate, and appoint by majority consensus, a sitting member of the Body to the position of Chairperson. The term of the Chairperson shall be for 2 years. No Chairperson shall serve for more than two (2) consecutive terms without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 10. POSTING REQUIRED
The City Clerk shall, before December 31St of each year, develop a listing of all scheduled vacancies on City Commissions, Committees, Boards, and/or Authorities expected during the next twelve (12) months. In addition to the requirement of the Government Code, said list shall be posted at City buildings and other locations as may be designated from time to time by City Council resolution, for a period of thirty (30) days and announced at a Council meeting in December. Said listing shall advise interested parties to obtain application forms and related materials at the City Clerk's office. In addition, the City Clerk shall publish said list in the city newsletter seeking applications from interested parties and listing scheduled vacancies during the same thirty (30) day period. Unscheduled vacancies shall be advertised in accordance with the Government Code and posted at the same location as scheduled vacancies.
SECTION 11. DUTIES
The Commissions, Committees, Boards, and Authorities established by the Council shall perform such duties and have such powers as may be established from time to time by the Council.
SECTION 12. ATTENDANCE
In any case where a Commission, Committee, Board, and/or Authority member has missed three (3) regularly scheduled meetings in a twelve (12) month period without notifying the Chair of said Commission, Committee, Board, and/or Authority in advance of said meeting, the City Clerk shall contact the Commission, Committee, Board, and/or Authority member with a request to provide the reasons therefore, which shall be forwarded to the City Council.
SECTION 13. OPEN MEETINGS
•
All Commission, Committee, Board, and Authority meetings, except those meetings specifically exempted herein, shall be conducted pursuant to the provisions of the Ralph M.
Brown Act and the City Clerk shall maintain a copy of all agendas and minutes of all meetings.
BUILDING APPEALS BOARD
PURPOSE
To determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electric Code, and the Seismic Hazards Reduction Ordinance.
MEMBERSHIP
5 Members Total
Selected from the following classifications:
a. Architect or Engineer
b. Attorney
c. Contractor - Electrical, Mechanical, Plumbing or General
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term / Meetings are scheduled as needed as appeals are received.
No member may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Using the criteria for membership, the Building Official determines if applicants are qualified and passes all qualified candidates to the City Clerk • Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for consideration at a Council meeting
CODE REFERENCES
Resolution 4107
Resolution 2725
Ordinance 1882
(effective July 27, 1992)
CITY COUNCIL ADVISORY COMMITTEE
PURPOSE
Review of any matters which may be referred to the Committee from time to time. If so directed, the City Council Advisory Committee will be responsible for performing an analysis and present recommendations to the City Council.
Annually review applications for Community Development Block Grant funds, conduct hearings to determine the most effective use of the grant funds and provide recommendations to the City Council.
MEMBERSHIP
5 Members Total
Nominated by Councilmembers
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Meets quarterly, the first Wednesday of March, June, September, and December • Special meetings held from January through April, on an as needed basis to review Community Development Block Grant Applications.
SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.
CODE REFERENCE
• Ordinance 1812, 10/8/2006
• Ordinance 1428, Section 2, 6/20/88
• Ordinance 1416, Section 1, 12/21/87
• Ordinance 1563, Section 1, 10/26/72
• Council Minutes 7/3/72
LIBRARY BOARD
PURPOSE
The Upland Public Library serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.
MEMBERSHIP
5 Citizens at Large
1 Council Liaison (advisory)
1 Friends of the Library Liaison (advisory)
LENGTH OF TERMS/FREQUENCY OF MEETINGS
• 3 Year Term
• Meetings held the second Wednesday of the month, except the month of August. • No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
Mayor shall appoint with Council ratification
CODE REFERENCES
UMC Section 2.28.010
California Library laws, Education Code 1990
Ordinance No. 99
PERSONNEL BOARD OF REVIEW
PURPOSE
The functions of the board shall be to hear appeals as provided by this part and by rule, except matters pertaining to the meet and confer process.
MEMBERSHIP
3 Members Total
1 Alternate Member
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 Year Term
• No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• On call by the Human Resources Manager
SELECTION PROCESS
• 1 member - Council appointment shall be made by the Mayor, with Council ratification
• 1 member - Employee Associations submits name(s) and Council selects appointment
• 1 member agreed upon by Council and Employee Associations • 1 alternate member agreed upon by Council and Employee Associations
CODE REFERENCE
UMC Section 2.36.160
Ordinance 1566
Ordinance 1494
Minute Action 5/31/1945
PLANNING COMMISSION
PURPOSE
The powers and duties of the Planning Commission shall be to:
1. Prepare, periodically review, and revise, as necessary the General Plan
2. Annually review the Capital Improvement Program of the City and the local public works projects of other local agencies for their consistency with the General Plan
3. Perform other functions as the City Council provides
4. Perform such other land use-related functions pursuant to State laws pertaining to conservation, planning, and zoning as the council may direct or provide
5. Serve as the Airport Land Use Committee, applying the procedures and findings set forth in the Municipal Code in regards to all processes relating to a request for an implementation/land use compatibility decision, preparation, adoption and amendment to the Comprehensive Airport Land Use Plan of the City of Upland conforming to requirements set forth in Public Utilities Section 21670.1
6. Serve as the Historic Preservation Committee as outlined in the Upland Municipal Code
MEMBERSHIP
7 Members Total
Airport Land Use Committee consists of:
7 Planning Commissioners
2 ALUC members (possess expertise in aviation)
LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Once a month, 4th Wednesday
• Commissioners receive $100 compensation per meeting (not to exceed $200 per month)
SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Mayor (or Mayor designee) and Mayor Pro Tern (or Mayor designee) shall comprise an ad hoc committee and shall interview applicants. The ad hoc committee may call upon advisors such as, but not limited to, the Planning Commission Chair (or designee selected by the Mayor if the Chair is seeking re-appointment) and the Development Services Director.
• The ad hoc committee shall recommend at least one candidate per opening to the Mayor for ratification by the City Council.
• Once a candidate is appointed by the Mayor and ratified by the City Council, the ad hoc committee shall disband.
• Airport Land Use Commissioners - Mayor shall appoint with Council ratification.
CODE REFERENCE
UMC Chapter 17.43.030 Resolution 4697
Resolution No. 6681 Ordinance 1202
Resolution 6397 Ordinance 415
Resolution 6270
'i1 I
ECONOMIC DEVELOPMENT COMMITTEE
PURPOSE
The function of the Committee is to provide 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.
MEMBERSHIP
2 City Council Members
1 Upland Chamber Member - advisory member only
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
• Meets quarterly, the first Monday of February, May, August, and November.
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
The Chamber of Commerce shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Ordinance No. 1913
Resolution No. 6818
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
PUBLIC WORKS COMMITTEE
PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in Public Works operations prior to consideration by the entire Council.
This Committee shall act in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well-being of the City of Upland and its residents. The Committee will collaborate on environmental matters to promote environmental sustainability within the community. The Committee will make recommendations in regard to community clean-ups, beautification campaigns, Earth Day events, public outreach, and education on issues including recycling, storm water pollution, water conservation and sustainability practices.
This Committee shall act in an advisory capacity in matters pertaining to parklands, trails, recreational programs, youth and senior services, cultural arts programs, and special events throughout the City
The Citizen Advisory Members of this Committee shall study and review the proposed Urban Forestry Management Plan and make appropriate recommendation to Council and staff regarding the matters contained therein; to provide an avenue for citizens to appeal special circumstantial tree problems (i.e., tree removals, street tree designations, spraying for fruit insects); and shall review tree removal and other policies, as well as handle any and all citizen appeals regarding tree matters under Upland Municipal Code Chapter 12.26. Said appeals shall be heard by the citizen members of the Committee only (i.e., not the serving City Council members, who shall take no part in such appeals).
MEMBERSHIP
2 City Council Members
5 Citizens - advisory members
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
• Meets quarterly, the 2nd Tuesday of January, April, July, and October
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
FINANCE COMMITTEE
PURPOSE
The Committee shall be responsible for reviewing matters pertaining to the finances of the City. This may include reviewing warrants and registers, financial statements, investment reports, the City's annual independent audit, City fees and service charges, and operating budgets
MEMBERSHIP
2 City Council Members
City Treasurer
Finance Officer - advisory only (staff)
LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor with the exception of the Finance Officer • Meets quarterly, the 4th Wednesday of January, April, July, and October
SELECTION PROCESS
The City Treasurer is an established elected position and shall review and provide input on the quarterly investment reports.
Council Members on all Standing Legislative Committees are appointed by the Mayor.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6608
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 6394 (Investment Policy)