Agenda packet — Upland City Council, May 11, 2026 (part 1 of 2)

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MEETING OF THE CITY COUNCIL
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Bill Velto,Mayor
Sharman Maust, Mayor Pro Tem• District 1 Michael Blay,City Manager James Breitling,Councilmember-District 2 Stephen P. Deitsch, City Attorney Carlos A. Garcia,Councilmember -District 3 Keri Johnson, City Clerk Rudy Zuniga, Councilmember- District 4
Monday, May 11, 2026
Open session begins at 6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.

City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.

Pages

1. CALL TO ORDER AND ROLL CALL

2. ADDITIONS-DELETIONS TO AGENDA

3. ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

CLOSED SESSION BEGINS AT 5:00 p.m.

4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Approximately 614 square feet of area within Memorial Park located in the City of Upland (APN: 1046-183-01)
City Negotiators: City Manager, Development Services Director, and Economic Development Coordinator
Negotiating Party: Crown Castle

Under Negotiation: Price and Terms of Payment
b. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
Agency Designated Representatives: City Manager, Assistant City Manager, Deputy Director of HR/Risk Management
Unrepresented Group: Non-Represented/Confidential Unit (Accounting Supervisor, Budget Coordinator, City Clerk, Executive Assistant I, Executive Assistant to the City Manager, Finance Manager, Human Resources Analyst I, Human Resources Analyst II, Risk Management Coordinator) c. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
City Designated Representatives: City Manager
Unrepresented Employees: Assistant City Manager(s), Police Chief, Development Services Director, Deputy Director(s) of Public Works, Deputy Director of Human Resources and Risk Management
d. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
City Designated Representatives: Mayor and City Attorney Unrepresented Employee: City Manager

5. INVOCATION
Soheila Azizi, Baha'i Faith of Upland

6. PLEDGE OF ALLEGIANCE

7. PRESENTATIONS
Recognition of Upland Police Department Baker to Vegas Team Summary of Discover Upland Program
Demonstration of the City's New Citizen Engagement App Upland Connect

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 $500 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 vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

Recommended Action:

Approve the Consent Calendar
a. APPROVAL OF MINUTES 7
Recommended Action:

Approve the Regular Meeting Minutes of April 27, 2026. (Staff Person: Keri Johnson)
b. CONSIDER APPROVING AN AGREEMENT FOR UPLAND POLICE 13

DEPARTMENT ORGANIZATIONAL ASSESSMENT
CEQA: Not a Project.

Recommended Action:

Approve the agreement with Meliora Public Safety Consulting for an organizational assessment of the Upland Police Department in the amount of $94,000; and authorize the City Manager to execute the agreement. (Staff Person: Marcelo Blanco)
c. CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE 31

AGREEMENT WITH KEENAN AND ASSOCIATES
CEQA: Not a Project.

Recommended Action:

Approve the Second Amendment of the Agreement with Keenan and Associates for Benefit Broker Services; and authorize the City Manager to execute the Amendment. (Staff Person: Stephen Parker)
d. EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER 53

STATION UPDATE

CEQA: Not a Project.

Recommended Action:

Receive and file the status update related to the KSM Electric, Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station. (Staff Person:

Damien Arrula)
e. CONSIDER ACCEPTING CALRECYCLE USED OIL PAYMENT PROGRAM 54 (OPP CYCLE 16) GRANT
CEQA: Not a Project.

Recommended Action:

Accept the CalRecycle Used Oil Payment Cycle 16 Grant Award of $11,103. (Staff Person: Damien Arrula)
f. CONSIDER ACCEPTING THE CALRECYCLE BEVERAGE CONTAINER 57 RECYCLING PAYMENT PROGRAM FISCAL YEAR 2024-25 GRANT AWARD CEQA: Not a Project.

Recommended Action:

Accept the CalRecycle Beverage Container Recycling City/County Payment Program Fiscal Year 2025-26 grant award of $19,823 and appropriate the funds. (Staff Person: Damien Arrula)
g. CONSIDER APPROVAL OF A CHANGE ORDER FOR THE PURCHASE 61

ORDER WITH FORD OF UPLAND
CEQA: Not a Project.

Recommended Action:

Approve a change order in the amount of $15,000 to an existing purchase order with Ford of Upland for a total revised purchase order amount of $65,000; and authorize the City Manager to execute the change order. (Staff Person: Damien Arrula)
h. CONSIDER APPROVAL OF THE APPROPRIATION OF FUNDS FOR THE 65

INSTALLATION OF UPGRADED SOCCER FIELD LIGHTS
CEQA: Not a Project.

Recommended Action:

Approve a budget adjustment and the appropriation of$122,642 from the Quimby Capital Improvement Project Fund for the installation of upgraded soccer field lights at Cabrillo Park. (Staff Person: Damien Arrula)

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. FINANCE COMMITTEE MEETING, APRIL 29, 2026 71 The Committee Chairperson will report on the meeting. This is an information item only.

13. BUSINESS ITEMS
a. CONSIDER APPROVAL OF AN AGREEMENT WITH SOUNDSKILZ TO 76

PRODUCE AND MANAGE THE LEMON FESTIVAL
CEQA: Not a Project.

Recommended Action:

Approve the agreement with Soundskilz Inc. to produce and manage the Lemon Festival; and authorize the City Manager to execute the agreement. (Staff Person: Michael Blay)
b. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 5.68 TO TITLE 5 108

OF THE UPLAND MUNICIPAL CODE REGARDING MOBILEHOME RENT
REVIEW
CEQA: Determine to be Exempt.

Recommended Action:

Hold first reading by title only, waive further reading, and introduce an Ordinance adding Chapter 5.68 to Title 5 of the Upland Municipal Code regarding Mobilehome Rent Review, and determine the Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. (Staff Person: Robert Dalquest)

14. COUNCIL COMMUNICATIONS

15. CITY MANAGER

16. ADJOURNMENT
The next regularly scheduled City Council meeting is Tuesday, May 26, 2026.

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 May 6, 2026 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 April 27, 2026
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling (left the meeting at 5:15 p.m.), Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, City Attorney Thomas Rice, City Clerk Keri Johnson

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 4:30 p.m. in the Council Chamber of the Upland City Hall.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Excuse the absence of Councilmember Breitling.

Motion: Carried Unanimously

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 4:30 p.m.

4. CLOSED SESSION
At 4:31 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager Michael Blay, Stephen Parker, Assistant City Manager, Cecilia Todd, Deputy Director of HR/Risk Management
Employee Organization(s): Upland Police Officers Association (UPOA) 1

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b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
Initiation of litigation pursuant to § 54956.9(c)
One potential case
c. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 1.03-acre parcel located on Third Avenue, approximately 75 feet south of the Pacific Electric Trail and adjacent along the north side of the Coy D. Estes Senior Apartments, in the City of Upland (Assessor Parcel Number: 1046-411-54) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: Steven Dukett, Upland Community Housing, Inc.

Under Negotiation: Price and Terms of payment
The City Council reconvened in open session at 6:01 p.m.

5. INVOCATION
Ayesha Khan, Middle Ground Muslim Center

6. PLEDGE OF ALLEGIANCE
Led by Police Chief Blanco

7. PRESENTATIONS
Proclamation declaring April 2026 as Child Abuse Prevention Month, accepted by Ashley Brooksher Children's Network Officer
Upland Library's Strategic Plan Presentation by Library Director Adam Tuckerman

8. CITY ATTORNEY
City Attorney Rice announced the City Council received report items 4a, 4b, and 4c on the agenda; and there was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
Beth, Upland, spoke regarding rent control for mobile home parks and requested that the Council reinstate mobile home rent control .

Marjorie, Upland, spoke regarding rent control for mobile home parks, how the loss of rent control will affect her and requested the Council reinstate mobile home rent control.

Cindi McCarthy, Upland, spoke regarding her experience living on a fixed income, rent control for mobile home parks, and requested the Council reinstate mobile home rent control.

Donna Deussen, Upland, spoke regarding rent control in mobile home parks and the financial difficulties caused by the removal of rent control and questioned the removal of mobile home rent control in the City.
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Sophia Cohen, Field Representative for Assemblymember Michelle Rodriguez, announced upcoming events hosted by Assemblymember Michelle Rodriguez.

Victor Flores, Upland, spoke regarding the towing of his vehicle.

Hitomi Sakakibara, Ontario, spoke regarding ICE activities in the City and requested the City Council address the issue.

Farelly Millan, spoke regarding ICE activities in the City and requested the City Council address the issue.

Jim Thomas, Upland, announced upcoming National Day of Prayer event in Upland.

Rob Perhamus, Upland, provided information about his makers space.

At 6:40 p.m. Mayor Velto called a recess and the City Council reconvened in open session at 6:49 p.m.

10. CONSENT CALENDAR
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of April 13, 2026.
b. CONSIDER RATIFICATION OF APPOINTMENTS TO THE HOUSING TRUST

ADVISORY COMMITTEE
Ratify the appointment of Mayor Velto to serve on the Housing Trust Advisory Committee and Councilmember James Breitling serve as the alternate member, terms to expire in December 2026.
c. CONSIDER APPROVAL OF MARCH WARRANT AND PAYROLL REGISTERS Approve the March warrant registers totaling $9,501,584.91 (check numbers 56379 — 56758 and direct disbursements) and payroll registers totaling $2,133,189.41 (check numbers 164613 — 164629 and electronic fund transfers 61248 — 61840).
d. TREASURER'S REPORT MARCH 2026
Receive and file the March 2026 Treasurer's Report.
e. CALIFORNIAASSEMBLY BILL 481 ANNUAL REPORT
Review and re-approve Ordinance 1960 and AB 481 Annual Report regarding the Police Department's possession of military equipment.
f. CONSIDER A SUPPLEMENTAL APPROPRIATION FROM NATIONAL OPIOID

SETTLEMENT FUNDS FOR THE UPLAND ACCESS PROGRAM THROUGH

INLAND VALLEY RECOVERY SERVICES
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Approve an amendment to the agreement with Inland Valley Recovery Services (IVRS) to continue and expand the Upland ACCESS program, authorize a supplemental appropriation, not to exceed $40,000, from the City's National Opioid Settlement funds; and authorize the City Manager to execute the amendment.
g. EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER

STATION UPDATE
Receive and file the status update related to the KSM Electric, Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station. h. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE 11TH

STREET FLASHING SIGNAL BEACON &ALLEY IMPROVEMENTS PROJECT Approve the work, authorize the City Manager or designee to record the Notice of Completion, and reduce the Faithful Performance Bond to 10% for the 11 th Street Flashing Signal Beacon &Alley Improvements Project.

CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE STANDBY

GENERATOR INSTALLATION AND REPLACEMENT PROJECT
Approve the work, authorize the City Manager or designee to record the Notice of Completion, and reduce the Faithful Performance Bond to 10% for the Standby Generator Installation and Replacement Project.

11. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2026-27 ANNUAL ACTION PLAN
Councilmember Garcia announced that he would recuse himself from this item since he has assisted Ovation with many projects. He then left the Council Chamber at 7:41 p.m.

Councilmember Maust stated that her husband is a board member for Pacific Community Center which has applied to receive CDBG funding. City Attorney Rice confirmed that the position is voluntary and there is no income associated with the position; therefore there is no financial conflict of interest.

Councilmember Maust affirmed that she could render her decision independently.

Development Services Director Dalquest introduced City Council Advisory Committee (CCAC) Chairperson Schwary who presented the CCAC's recommendations for the City of Upland Community Development Block Grant Action Plan for Fiscal Year 2026-27.

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

Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Adopt Resolution No. 6873 approving the City of Upland Community Development Block Grant Action Plan for Fiscal Year 2026-27, approving Program Year (PY) 2026-27 Annual Action Plan; and authorize the City Manager 4

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to execute any and all necessary related documents to implement the PY 2026- 27 AAP.

Motion: Carried with Councilmember Garcia abstaining
and Councilmember Breitling absent
Councilmember Garcia returned to the Council Chamber at 7:49 p.m. and took his seat at the dais.

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

CONFERENCE ATTENDANCE
None.
b. PUBLIC WORKS COMMITTEE MEETING, APRIL 14, 2026
Committee Member Maust provided a recap of the meeting.

13. BUSINESS ITEMS
a. CONSIDER ADOPTING RESOLUTIONS ESTABLISHING UPLANDCARES

PROGRAM GUIDELINES AND ADDING UPLANDCARES ADVISORY DUTIES

TO THE CITY COUNCIL ADVISORY COMMITTEE
Assistant City Manager Parker introduced City Council Advisory Committee (CCAC) Chairperson Schwary who presented the CCAC's recommendations along with a PowerPoint presentation and answered questions from the Council.

The City Council requested an update to page 5, section 5 of the Program Guidelines to include "within 10 days or at the next regular meeting of the City Council, the City Council votes to affirm the City Manager's decision to activate and publicize the fund."
Moved by: Councilmember Maust
Seconded by: Councilmember Garcia
Adopt Resolution No. 6874, as revised by the Council, establishing the UplandCARES fund and adopting the Program Guidelines and adopt Resolution No. 6875 adding the UplandCARES advisory duties to the City Council Advisory Committee responsibilities.

Motion: Carried Unanimously with Councilmember Breitling absent b. PAVEMENT MANAGEMENT PROGRAM REPORT UPDATE 2026
Motion by Councilmember Maust, seconded by Councilmember Zuniga, to take this item out of order and hear its presentation prior to the public hearing item, carried unanimously with Councilmember Breitling absent.

Assistant City Manager Arrula and Engineering Manager Critchfield presented the City's asphalt pavement condition report along with a PowerPoint presentation and answered questions posed by the Council.

This item was receive and file only. No action was necessary. 5

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14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:17 p.m. The next regularly scheduled City Council meeting is Monday, May 11, 2026.

Keri Johnson, City Clerk
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4c,°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,CHIEF OF POLICE

LON TEAGUE,POLICE CAPTAIN
SUBJECT: CONSIDER APPROVING AN AGREEMENT FOR UPLAND POLICE DEPARTMENT

ORGANIZATIONAL ASSESSMENT
RECOMMENDED ACTION:

It is recommended that the City Council approve the agreement with Meliora Public Safety Consulting for an organizational assessment of the Upland Police Department in the amount of$94,000;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing safe,efficient,and effective law enforcement for the citizens of Upland.

BACKGROUND
Since 1990, the City's population has grown significantly. At that time, there were approximately 63,374 residents, the police department had a sworn personnel allocation of 73,and officers responded to about 40,000 calls for service.

Today, the population is approximately 80,000 residents, and the police department's sworn personnel allocation is

80. In 2025, the department responded to approximately 75,193 calls for service. While sworn staffing levels have remained relatively stable,both the population and the number of calls for service have increased.

ISSUES AND ANALYSIS
The City is considering engaging Meliora Public Safety Consulting,LLC to conduct a comprehensive organizational assessment of the Police Department. The proposed scope of work is broad and data-driven, focusing on evaluating current operations, staffing,and service delivery models,while identifying opportunities for improved efficiency and effectiveness.

A central issue facing the Department is ensuring that its organizational structure, staffing levels, and deployment strategies are aligned with current service demands, community expectations, and City Council priorities. The consultant's approach directly addresses this by conducting a holistic review of operations,including patrol workload, supervisory structure,and support functions such as dispatch,records,and investigations.Importantly,the assessment is designed to be tailored specifically to the Upland Police Department, utilizing its own operational data, staffing patterns, and community input to develop recommendations that are practical, relevant, and aligned with the City's unique service environment rather than relying on generalized industry benchmarks alone.

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 cost for the organizational assessment is $94,000. There are available funds in the Asset Forfeiture Professional Services Account No.2203201-5252.

ALTERNATIVES
Provide an alternative direction to the staff.

CEQA:Not a Project.

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May 11, 2026, 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 Meliora Public Safety Consulting, LLC, a California Limited Liability Corporation, with its principal place of business at 835 SW Blue Heron Ct. Pullman, WA 99163 (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:Department-wide Staffing analysis (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$94,000.00 ("NTE Amount").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 thirty (30) days of receipt of an invoice, provided that all invoices shall be subject to review and approval by the City. Each invoice shall include a detailed description of the work performed with sufficient detail to allow the City to evaluate the services performed, including a description of tasks, dates of performance, and time expended. The City may dispute any portion of an invoice that it determines, in good faith, to be unsupported, incorrect, or not in compliance with this Agreement, and may withhold payment of such disputed amounts pending resolution. The City shall pay all undisputed amounts in accordance with this Section. Payment by the City shall not constitute acceptance of the work or a waiver of any rights under this Agreement. Payments to Consultant for work performed will be made on a monthly billing basis.
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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). Any additional work in excess of this amount shall be approved by the City Council.

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. Time of Performance
The term of this Agreement shall be from May 11, 2026, to May 11th, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

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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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(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.
(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. 4

Page 17 of 178 ends

(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 $2,000,000 per occurrence/$4,000,000 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. 5

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

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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:Vlll and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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

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

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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.

The provisions of this Indemnification Section shall survive the expiration or earlier termination of this Agreement.

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 8

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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. City Material Requirements.

Reserved.

16. Laws and Venue.

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

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant 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
9

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Consultant shall assign Jackie Gomez-Whiteley as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

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

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

DISTRICT: CONSULTANT:

City of Upland Jackie Gomez-Whiteley
460 N. Euclid Avenue Meliora Public Safety Consulting, LLC Upland, CA 91786 PO Box 71
Attn: Police Captain Pullman, WA 99163
(714) 334-5831
[email protected]
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. 10

Page 23 of 178 ends

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.
[SIGNATURES ON FOLLOWING PAGE]
11

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF UPLAND
AND

MELIORA PUBLIC SAFETY CONSULTING, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND MELIORA PUBLIC SAFETY CONSULTING, LLC By: By:

Michael Blay
City Manager Its:

Printed Name:

By:

Its:

Printed Name:
(Two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.)
ATTESTED BY:

Keri Johnson, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
12

Page 25 of 178 ends

EXHIBIT A
Scope of Services
The Organizational Assessment will include the following areas:

Review of current organizational configuration and service delivery systems to determine the optimal staffing model that appropriately considers the service delivery expectations, operational budgets, City Council priorities, workload, goals and specific performance measures;
Assess and evaluate current management capacity, roles and responsibilities and analyze configuration and reporting relationships to ensure efficiencies; Analyze the department's efficiencies in how it serves the community; Examine organizational structure and functions;
Assess human resources related to structure, functions and duties; Assess and evaluate current supervisory roles and responsibilities and analyze reporting relationships to ensure efficiencies;
Review the department's operational functions and workflow processes; Conduct a five or six-year CAD data analysis;
Review pertinent documents such as police budgets/strategic plans and identify and analyze data from the Computer-Aided Dispatch/Records Management System (CAD/RMS) to provide insight about workload in the Upland Police Department;
Examine FBI crime data for the past 10 years;
Analyze department and employee performance measurement and accountability systems;
Assess data collection systems and analytical capabilities; Analyze overtime use and management to include potential staffing alternatives;
Review staff retention and experience;
Assess the department's alignment with 21st Century Policing; Conduct a focus group meeting with community stakeholders; Conduct focus group meetings with department staff members; And conduct interviews with City staff, as needed.
13

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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. The detailed progress report must also include hourly rates and a breakdown of tasks.

Consultant will inform City regarding any out-of-scope work being performed by Consultant, and must obtain City's written approval prior to performance. The NTE Amount provision strictly applies. This is a time-and-materials contract. 14

Page 27 of 178 ends

OF II,tt
oT
,. � CITY OF UPLAND

BUDGET AMENDMENT
Rt IFO��
Date: 5/5/2026 Fiscal Year: FY25/26
Requested by: Kate Antossian Amount: $94,000 Dept/Div: Police Department Description:

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 2203201-5530 Machinery&Equipment 500,000.00 371,173.47 (94,000.00) 277,173.47 2203201-5252 Professional Services - - 94,000.00 94,000.00 Total 500,000.00 371,173.47 - 371,173.47

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - -
Fiscal Impact
REASON/JUSTIFICATION (Please be specific)
Reallocation of maintenance&operations to cover actual expense/encumbrances .;,, Estimated revenue adjustment for donations/other sources of revenue [ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:

I 1 Other- Explain:

This request is directly related to:
[..I Purchase Requisition No. Vendor:

I I Council Meeting action: (Attach copy of minutes) Increase Purchase Order# OR Requisition #
APPROVALS o%Z�
Dept
Head Approval: A.t-.C� . � Date: a
Finance Officer: Date:

Funds Available? ❑Yes ❑No
❑Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:

Finance Division Only:

BA#: Help Ticket#:

Journal #: Initial/Date:

Revised:3/2024 Page 28/nf 61771HAM

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 $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?
YES If yes, please identify the Council Member(s): _ ZNO

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):
✓ 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.

Cze1)-,e watatc-
April 9, 2026
Date Signature of authorized individual
Jackie Gomez-Whiteley
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 29 of 178 ends

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.

Page 30 of 178 ends

��°�t°p` � CITY
�r. .. ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
oid
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

CECILIA TODD,DEPUTY DIRECTOR OF HR/RISK MANAGEMENT

ROCIO PRECIADO,HUMAN RESOURCES ANALYST II
SUBJECT: CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT WITH

KEENAN AND ASSOCIATES
RECOMMENDED ACTION:

It is recommended that the City Council approve the Second Amendment of the Agreement with Keenan and Associates for Benefit Broker Services;and authorize the City Manager to execute the Amendment.

GOAL STATEMENT
The proposed action supports the City's goal of being fiscally responsible in providing fair and equitable benefits to its employees.

BACKGROUND
The City maintains an agreement with a Third-Party Administrator(TPA) for Benefit Broker services. Keenan and Associates has served in this role since 2016. The current agreement expired on December 31, 2025, and the City desires to extend and adjust the contract term to align with the fiscal year.Included extension of term from December 31,2025 to June 30,2026 and three(3),one(1)year term extension with two percent(2%).

ISSUES AND ANALYSIS
Keenan & Associates negotiates on behalf of the City, with benefit providers for health care benefits like medical, vision and dental insurance that are provided to City employees.These services include,but are not limited to,assisting City in administering all group insurance plans; responding to questions from and providing information to staff; researching and advising the City of any new developments in the law and employee benefits programs on an ongoing basis; reviewing claims experience, claim service and claim administration to ensure maximum benefit to the City; and representing the City in all negotiations with providers on all issues including those related to premiums,benefits levels,plan design and special terms and conditions.

The term of the extension will be from December 31,2025 to June 30,2026 with three(3),one(1)year term renewals and two percent(2%)increase annually.

Period Monthly Installment Annual Amount Note 1/1/2026-6/30/2026 $6,320.05 $39,660.30 Extension to Fiscal Year Cadence
7/1/2026-6/30/2027 $6,320.05 $75,840.60 Year 1 7/1/2027-6/30/2028 $6,446.45 $77,357.40 Year 2 7/1/2028 -6/30/2029 $6,575.38 $78,904.56 Year 3 7/1/2029-6/30/2030 $6,706.88 $80,482.56 Optional Two-year Extension 7/1/2030-6/30/2031 $6,841.02 $82,092.24 Period

Page 31 of 178 ends

FISCAL IMPACTS
The total cost for the remainder of Fiscal Year 2025-26 is $39,660.30. There is available funding in the Human Resources Other Services Account No. 1011601-5258.

Funding for future years will be included as a part of the biennial budget process.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 32 of 178 ends

AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT

SERVICES BENEFIT BROKER
This Amendment No. 2 is made and effective as of January 1,2026 ("Effective Date"),by and between the City of Upland, a municipal corporation ("City") and Keenan & Associates ("Consultant"). City and Consultant are sometimes referred to herein individually as a"Party" and collectively as "Parties".

RECITALS
WHEREAS, the City and Consultant have entered into the Benefit Broker Agreement, dated January 1, 2024 ("Agreement"); and
WHEREAS, the City and Consultant have entered into Amendment No. 1 to the Benefit Broker Agreement on January 1,2025 ("Amendment No. 1"); and
WHEREAS, the Agreement, as amended, expires on December 31, 2025; and WHEREAS, the Parties desire to continue their relationship subject to the terms and conditions outlined in the Agreement.

NOW, THEREFORE, the Parties agree:

1. The Parties hereby amend the contract term set forth in Section 1 of the Agreement to end on June 30, 2029 with the option to mutually extend the term for one additional two-year period.

2. The Agreement, as amended, is amended by deleting Subsection 4.a. and Exhibit B, and by substituting the following therefor:
"City agrees to pay Consultant, in monthly installments, in accordance with the following schedule during the term of the Agreement:

Period r Monthly Installment Annual Amount Note 1/1/2026 - 6/30/2026 $ 6,320.05 $37,920.30 Extension to Fiscal Year Cadence
7/1/2026 - 6/30/2027 $ 6,320.05 $75,840.60 Year 1 7/1/2027 - 6/30/2028 $ 6,446.45 $77,357.40 Year 2 7/1/2028 - 6/30/2029 $ 6,575.38 $78,904.56 Year 3 7/1/2029 - 6/30/2030 $ 6,706.88 $80,482.56 Optional Two-year 7/1/2030- 6/30/2031 $ 6,841.02 $82,092.24 Extension Period Rather than have an ever-changing contracted commission amount based on fluctuating Kaiser premiums, this dollar amount will be fixed for the length of the contract and employee premium rates will be net of commissions.

Any other non-Kaiser Medical plan, Dental, Vision, Disability, and voluntary plans

Page 33 of 178 ends

commissions are not subject to the fee arrangement, Keenan shall be entitled to all commissions with no cap, and such amounts are in addition to the amounts listed above.

3. The following sentence in Section 4.b. shall be deleted in its entirety: "In no event shall the total, all-inclusive annual sum payable under this Agreement (basic Agreement amount and additional work) exceed fifty thousand dollars ($50,000.00)."

4. All the remaining terms and conditions of the Agreement shall remain unchanged and in full force and effect and shall govern the conduct of the Parties during the term.

5. Each person signing this Amendment No. 2 to the Agreement on behalf of a Party represents and warrants that he or she has the necessary authority to bind such Party and that this Amendment No. 2 is binding on and enforceable against such Party.

6. A manually or electronically signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes.

7. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON THE FOLLOWING PAGE]

Page 34 of 178 ends

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE AGREEMENT FOR

PROFESSIONAL CONSUTANT SERVICES BENEFIT BROKER

WITH KEENAN&ASSOCATIES
IN WITNESS WHEREOF, the City and Consultant have approved this Second Amended Agreement effective the day and year first above written.

CITY: CONSULTANT:

City of Upland Keenan and Associates
460 N. Euclid Ave. 2355 Crenshaw Blvd., Suite 200 Upland CA 91785 Torrance CA 90501
By: By:

Michael Blay Laurie LoFranco,
City Manager Senior Vice President
ATTEST:

By:

Keri Johnson
City Clerk
APPROVED AS TO FORM:

By:

Thomas A. Rice
City Attorney

Page 35 of 178 ends

Docusign Envelope ID:457C16CE-516D-41D2-9F19-6ABEC404E67D AMENDMENT NO. 1 TO THE AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES

BENEFIT BROKER
This Amendment No. 1 is made and effective as of January 1,2025 ("Effective Date"), by and between the City of Upland, a municipal corporation ("City") and Keenan&Associates ("Consultant").

City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties".

RECITALS
WHEREAS, the City and Consultant have entered into a certain Agreement for Professional Consultant Services Benefit Broker Agreement dated January 1,2024 ("Agreement"); and WHEREAS, the current term of the Agreement shall expire on December 31,2024; and WHEREAS, the Parties desire to continue their relationship and extend the term of the Agreement, subject to the terms and conditions set forth herein and in the Agreement; NOW, THEREFORE, the Parties agree as follows:

1. The Agreement is hereby renewed for an additional one (1) year term beginning on January 1, 2025 and ending on December 31, 2025 ("Renewal Term").

2. The Agreement is amended by deleting Subsection 4.a., and by substituting the following therefor:
a. City agrees to pay Keenan twelve monthly installments of six thousand, one hundred thirty-five dollars and ninety-seven cents ($6,135.97) commencing January 1, 2025, for services rendered under this Agreement with a not to exceed amount of seventy-three thousand, six hundred thirty-one dollars and sixty-one cents ($73,631.61). Rather than have an ever-changing contracted commission amount based on fluctuating Kaiser premiums, this dollar amount will be fixed for the length of the contract and employee premium rates will be net of commissions.

3. All the remaining terms and conditions of the Agreement shall remain unchanged and in full force and effect and shall govern the conduct of the Parties during the Renewal Term.

4. Each person signing this Amendment No. 1 to the Agreement on behalf of a Party represents and warrants that he or she has the necessary authority to bind such Party and that this Amendment is binding on and enforceable against such Party.

5. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes.

6. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON THE FOLLOWING PAGE]

Page 36 of 178 ends

Docusign Envelope ID:457C16CE-516D-41D2-9F19-6ABEC404E67D

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES

BENEFIT BROKER

WITH KEENAN&ASSOCIATES
IN WITNESS WHEREOF, the City and Consultant have approved this First Amendment to the Agreement effective the day and year first above written.

CITY: CONSULTANT:

City of Upland Keenan and Associates
460 N. Euclid Ave 2355 Crenshaw Blvd., Suite 200
Upland CA 91786 Torrance CA 90501
DocuSigned by: ,-DocuSigned by:
""
l� CL t L L�"1 tAtOrit. Lf r
By: ED20F9DCC3Ff48A... By' �t0AE7Ca003E74FB...

Michael Blay Laurie LoFranco,
City Manager Senior Vice President
ATTEST:
,-DocuSigned by:

By. �F421A8F85BE347A...

Keri Johnson
City Clerk
APPROVED AS TO FORM:

Signed by:

B : }�( OufSd,
y 9326670F6D13648E...

Stephen Deitsch
City Attorney

Page 37 of 178 ends

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913

AGREEMENT

FOR PROFESSIONAL CONSULTANT SERVICES

BENEFIT BROKER
THIS AGREEMENT is made and effective as of January 1, 2024, between the City of Upland, a municipal corporation ("City") and Keenan & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM. This Agreement shall commence on January 1, 2024, and shall remain and continue in effect until tasks described herein are completed,but in no event later than December 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement. The City may,upon mutual agreement, extend this term for two (2) additional one (1) year terms.

2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT.
a. The City agrees to pay Consultant, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B,Payment Rates and Schedule,attached hereto, based upon actual time spent on the above tasks.Any services provided to Client that are outside of or in addition to those described in Exhibit A shall be subject to additional fees. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment, are null and void.
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein,unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work up to ten percent (10%) of the amount of this Agreement or fifty thousand dollars ($50,000.00). In no event shall the total, all- inclusive annual sum payable under this Agreement (basic Agreement amount and additional 1 Page 38 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty(30) days of receipt of an invoice of any disputed fees set forth on the invoice.

5. SUSPENSION OR TERMINATION OF AGREEMENT
WITHOUT CAUSE.
a. The City may at any time, for any reason,with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days' prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement,such suspension or termination shall not affect or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed complies with this Agreement. Upon termination of the Agreement pursuant to this Section,the Consultant will submit a final invoice to the City pursuant to Section 4.

6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and the City may, at its option, terminate this Agreement pursuant to Section 6.b, or immediately by written notice to the Consultant when City deems the default to be material and substantial in nature. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. Subject to the provisions of Section 6.a, if the City Manager or her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this 2 Page 39 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. REQUIRED RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents,proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

8. OWNERSHIP OF WORK PRODUCT.
a. Unless otherwise agreed upon in writing, all reports, documents, or other written material,including any images,photographs,video files,websites,object and source codes,digital files, and/or any things, objects, ideas, and/or concepts, regardless of form, created or developed for the City by Consultant in the performance of this Agreement (collectively, "Work Product") shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.All Work Product shall be considered to be "works made for hire", and all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City.

Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. b. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in the City pursuant to subsection (a), above.

C. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the required services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants,attorneys,designated volunteers,and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates any federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights 3 Page 40 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the required services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and/or the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or(b) modify the Work Product and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement.

9. INDEMNIFICATION.
a. To the maximum extent permitted by law, the Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, elected officials, employees and volunteers ("Indemnitees") from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, and/or liability of any kind or nature which any of the Indemnitees may sustain or incur or which may be imposed upon them,for injury to or death of persons, or damage to property, arising out of Consultant's acts, omissions or willful misconduct, and/or negligent acts or omissions in the performance of professional services, in connection with the performance or non-performance of, this Agreement, except to the extent arising out of the negligence of any Indemnitee.
b. In the event any claim or action is brought against any of the Indemnitees relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

10. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of this Agreement the insurance described below, protecting against claims and liabilities which may arise out of or in connection with the performance of the services hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. To the extent such claims and liabilities may be indemnifiable and insurable, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.

CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 4 Page 41 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.
(4) Professional Liability (Errors and Omissions) insurance providing professional liability for the Consultant's profession. (5) Cyber Liability providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City data and personal information; (ii) data breach including theft, destruction, and/or unauthorized use of City data and/or personal information; (iii) identity theft including bank charges assessed; and(iv)violation of privacy rights due to a breach of City data and/or personal information.
b. Minimum Limits of Insurance. Unless otherwise approved in writing by the City'Manager, Consultant shall maintain the required insurance with limits no less than:
(1) Commercial General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars($1,000,000)per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000)per accident for bodily injury or disease.
(4) Professional Liability coverage: Two million($2,000,000)per claim and in aggregate.
(5) Cyber Liability: Two million($2,000,000)per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure 5 Page 42 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City,its officers,elected officials,employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant;products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to the services herein, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self insured maintained by the City,its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30) days'prior written notice by certified mail, return receipt requested, has been given to the City.
(6) The policies shall be endorsed to waive the right of subrogation.The Consultant waives the right of subrogation.
e. Claims-Made Policies. If the professional liability policy is a"claims-made" policy, then it shall be endorsed to provide an extended reporting period of at least three (3)years. f Accertabilitc of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII and+ 6 Page 43 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 g• permitted and licensed to do business in the State of California, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
h. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries,wages,or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. c. 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. 7 Page 44 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913

12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant is responsible for compliance with the Patient Protection and Affordable Care Act (2010), and City shall not be obligated to provide any health care coverage to Consultant. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

13. RELEASE OF INFORMATION.
a. All information gained by, or otherwise made accessible to, Consultant in performance of this Agreement shall be considered confidential and shall not be released or disclosed by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not, without written authorization from the City Manager or unless requested by the City Attorney, or required by law, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by(i)personal service, (ii) delivery by a reputable document delivery service, such as but not limited to,Federal Express,that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice.Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 8 Page 45 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 To City: City of Upland
460 North Euclid Avenue
Upland, California 91786
Attention: City Manager
To Consultant: Keenan&Associates
2355 Crenshaw Blvd, Suite 200
Torrance, CA 90501
Attn: Legal Department

15. ASSIGNMENT AND SUBCONTRACTING. The Consultant shall not assign any interest in this Agreement, nor any part thereof, nor any monies due hereunder, or subcontract any required performance, without prior written consent of the City. Any purported assignment or subcontract in violation of this Section shall be void for all purposes.

16. LICENSES.At all times during the term of this Agreement,Consultant shall possess, in full force and effect, all licenses required by law for the performance of the services herein.

17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Upland.

18. PROHIBITED INTEREST. No officer, or of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's subcontractors for this project, during his/her tenure or for one (1) year thereafter.

The Consultant hereby warrants and represents to the City that no officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's subcontractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. ENTIRE AGREEMENT. This Agreement, together with Exhibits hereto, each of which is incorporated by reference herein, contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements,understandings,representations, and statements, oral or written,are merged into this Agreement and shall be of no further force or effect. The provisions of this Agreement shall govern in the event of any conflict or inconsistency with the provisions of any Exhibit hereto.

20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she 9 Page 46 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

21. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

22. WAIVER. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

23. CONSTRUCTION. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

24. RESPONSIBILITY FOR ERRORS. Consultant shall bevsponsiblefor its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as maybe required by the City's representative,regarding any services rendered under this Agreement at no additional cost to City.In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all professional and nonprofessional services necessary to rectify and correct the matter to the sole satisfaction of City, and to participate in any meeting required with regard to the correction.

25. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party, as determined by the Court.
10 Page 47 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF UPLAND CONSULTANT
DocuSigned by: DocuSigned by:
hickati, )66,1 Fatorit, tefratm,e
CD20F9DCC3Cc40A... —18AE7C5003E74FB...

Michael Blay, City Manager By: Laurie LoFranco, SVP Keenan&Associates
Attested by:

EDocuSigned by:
.ien,i,3
F421A8F85BE347A...

Ken Johnson, City Clerk
Approved as to Form:
rS
DocuSigned by:

R Sat
0326570F6DB618E...

Stephen P. Deitsch, City Attorney
Best Best& Krieger LLP
I I Page 48 of 178

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913

EXHIBIT A

TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include but are not limited to.

1. Assisting the City in administering all group employee benefit insurance plans including:
medical, dental, vision, disability, and voluntary plans (including vetting any vendors).

2. Responding to questions from and providing information to staff and providing other consulting services during the course of the plan year.

3. Researching and advising the City of any new developments in the law and employee benefit programs on an ongoing basis.

4. Reviewing claims experience,claim service, and claim administration to ensure maximum benefit of the City.

5. Determining and recommending the most economical funding methods for the benefit programs.

6. Representing the City in all negotiations with providers on all issues including those related to premiums,benefit levels,plan design and special terms and conditions.

7. Meeting with and providing reports to various City representatives including City Council, City Manager, Human Resources staff and the Benefits Committee.

8. Assisting the City with the implementation and communication of new programs or changes to existing programs which will include attending and presenting information at Open Enrollment meetings.

9. As requested by the City, preparing bid specifications, and soliciting proposals from insurance markets which specialize in group insurance plans as requested. Evaluate bids, and bidders, including administration claim payment procedures, customer service, network, reserve establishment policies, financial soundness, and identify the most cost- beneficial package from among the various bidders. To the extent that soliciting proposals from insurance markets may be requested, City agrees to appoint Keenan as its Broker of Record as may be required by the carriers and/or vendors.

10. Provide COBRA Administration for the City during the length of the contract.

11. Provide an Online Benefits Open Enrollment System for employees.

12. Interface with insurance carriers as needed to assist the City in the resolution of problems associated with the benefits programs.
io

Page 49 of 178 ends

DocuSign Envelope ID:306F1989-DB51-490E-AAC9-3D193AA63913

EXHIBIT B

PAYMENT RATES AND SCHEDULE
For January 1, 2024, through December 31, 2024:

Solely with regard to the services described in Exhibit A as they pertain to Kaiser Permanente medical plan ("Kaiser"), City agrees to pay Consultant twelve (12) monthly installments of five thousand nine hundred fifty-seven dollars and twenty-five cents ($5,957.25) commencing January 1, 2024, for a total amount of seventy-one thousand four hundred and eighty seven dollars ($71,487.00) annually ("Kaiser Consulting Fee"). Consultant shall present City with an invoice pursuant to Sections 4 and 5 of this Agreement.

With regard to any other services described in Exhibit A as they pertain to any other plans, coverages, and/or vendors, Consultant shall receive commissions from all insurance carriers and/or other vendors for the placement of insurance coverage. City shall have no responsibility for the payment of any such commission to Consultant. City acknowledges that commissions paid by insurers to Consultant that are directly related to the insurance coverage purchased by City as part of the Plans may impact the pricing that Consultant is able to obtain for City for such coverage.

The City will not be charged for the Online Benefit system,Benefit Bridge, as a member of PACE.

Two (2) Optional One (1)Year Extensions: January 1,2025 through December 31. 2025, and January 1, 2026, through December 31. 2026:

If City chooses to elect the one (1) or two (2) of the one (1)year extensions, a three percent(3%) increase will be automatically added to each extension year as follows:
• Commencing on January 1, 2025, the annual fee will increase to seventy-three thousand, six hundred and thirty-one dollars and sixty-one cents ($73,631.61) and will be billed as six thousand one hundred thirty-five dollars and ninety-seven cents ($6,135.97) monthly; and
• Commencing on January 1, 2026, the annual fee will increase to seventy-five thousand, eight hundred forty dollars and fifty-six cents ($75,840.56) and will be billed as six thousand, three hundred twenty dollars and five cents ($6,320.05)monthly.

All other pricing terms and conditions shall remain the same. 11

Page 50 of 178 ends

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.

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. 04/13/2026 4,tc2,62 (S
Date Signature of authorized individual
Keenan & Associates
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 51 of 178 ends

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.

Page 52 of 178 ends

��°� °p`q� CITY
UPLAND
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
oid
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES ROSA GUTIERREZ,ENGINEERING MANAGER—UTILITIES

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER STATION UPDATE RECOMMENDED ACTION:

It is recommended that the City Council receive and file the status update related to the KSM Electric,Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining critical public works and utilities support facilities in good operable conditions in order to provide safe and reliable water service to the community.

BACKGROUND
On February 9,2026,the City Council adopted Resolution No. 6866 declaring an emergency condition and approved the emergency repair work at the 26 W. 15th Street Transfer Station.This included approval to execute a contract with KSM Electric,Inc. The emergency action was necessary to address facility conditions requiring immediate repair to maintain safe and reliable operations. Per the City's Purchasing Policy, emergency purchases require a recurring update during City Council agendas until such time as the work is completed.

The work generally includes electrical system repairs, replacement of damaged or failing electrical components, troubleshooting and restoration of power and control systems,and associated work necessary to restore the facility to safe and operational condition.Following Council authorization,staff completed contract execution and advanced the project into implementation, including conducting a pre-construction meeting with KSM Electric, Inc. and its subcontractors and issuing the Notice to Proceed effective April 2,2026.

ISSUES AND ANALYSIS
KSM's permit submittals remain under review at this time, and KSM has remained in communication with the respective permitting authorities. In addition, the City has received the contractor's materials submittal, which is currently under review.

ENVIRONMENTAL DETERMINATION
This action is not a project subject to CEQA and is exempt under Section 15378(b)(5)of the CEQA Guidelines as an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 53 of 178 ends

4°F °p`q� CITFUPLAND
.�, �. ' "The City of Gracious Living"
c�lrFOR�i� Z�v�/ `C`/
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES

TANYA GARCIA,MANAGEMENT ANALYST, SOLID WASTE
SUBJECT: CONSIDER ACCEPTING CALRECYCLE USED OIL PAYMENT PROGRAM(OPP CYCLE 16)GRANT
RECOMMENDED ACTION:

It is recommended that the City Council accept the CalRecycle Used Oil Payment Cycle 16 Grant Award of$11,103.

GOAL STATEMENT
The proposed action supports the City's goal by pursuing grant funding to supplement the City's local funding resources and exercising prudent financial management of the City's Solid Waste program funds.

BACKGROUND
On June 26,2025,the City applied to receive Used Oil Payment Program Cycle 15(OPP 16)Grant funding to support the City's efforts to properly dispose of and recycle used oil within the City. Used Oil is collected at the City's Household Hazardous(HHW)Collection Center located at the Public Works City Yard at 1370 N.Benson Avenue.

Additionally, used oil is collected at auto parts stores and auto repair stores and reported as part of the City's solid waste used oil collection program.

ISSUES AND ANALYSIS
This program provides State funding to support the proper management of used oil waste and to protect the environment within San Bernardino County. The OPP 16 grant supplements the City's Household Hazardous Waste (HHW)program by funding the annual waste collection service contract with San Bernardino County, the purchase of used oil collection containers,public outreach efforts,and other activities related to the proper collection,disposal, and recycling of used oil.

The City was approved for the grant on December 16,2025,and received the funds in April 2026.

FISCAL IMPACTS
The total grant award through the OPP 16 grant is$11,103.Revenue will be deposited into the Solid Waste CalRecycle Account No.6410000-4352-40107 and expenses appropriated in the Solid Waste CalRecycle Other Services Account No. 6410000-5258-40107.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 54 of 178 ends

Cal Recycle i2 Used Oil Payment Program
Application Certification
City of Upland
Fiscal Year: 2025-26 Cycle: OPP16
Program Requirements Summary
1) Public Resources Code 48691(a)(1)(2)
Ensures there is one Certified Used Oil Collection Center for every 100,000 residents. 2) Public Resources Code 48691(b)
Our program has a public education component that informs the public of locally available used oil recycling opportunities.
3)Are you currently participating in mediation mandated by AB506, have attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? No
Acceptance of Used Oil Payment Program Provisions
Applicant acknowledges that submittal of this application constitutes acceptance of all provisions as contained in the Used Oil Payment Program Guidelines.The Guidelines document is available at:
httpal www.calrecycle.ca.aov/UsedOil/LGPaymentsl
Payment Information
Payment Option:April Payment Requested:Standard payment request Payment Address: City of Upland - Public Works Dept. , 460 N. Euclid Ave., Upland , CA 91786 Contact Type Name Title
Primary Tanya Garcia Management Analyst
Secondary Nicole DeMoet Environmental Compliance Program Manager
Signatory Authority Damien Arrula Assistant City Manager Document Type Date* Title
Resolution 6/23/2025 Resolution No. 6000
Application Certification Pending Upload
Letter of Designation (LOD) 6/23/2025 Letter of Designation *Secondary Due Date:07/28/2025
Participant Jurisdiction Document Type Date
Penalty of Perjury Statement:
"I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this application on behalf of Applicant,that I have read the Used Oil Payment Guidelines and that to the best of my knowledge and that information provided in this Application is true and correct." X OLP le2—G
.. ncityrzf__SignatiodAutherity horized in Resolution) or Date Authorized Designee(as authorized in Letter of Designation) _ OCOret e r A -y 1q Assrs#c - t- C�j A4onc,tea- Print Name Print Title
IMPORTANT!Applicant must print out this page,obtain Signature of Signature Authority, upload signed document to the LoGOPP system, and retain the original document in Applicant's cycle file.

City of Upland Printed:6/23/2025

Page 55 of 178 ends

RESOLUTION NO. 6000

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

AUTHORIZING THE SUBMITTAL OF USED OIL PAYMENT

PROGRAM APPLICATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
THE CITY COUNCIL OF THE CITY OF UPLAND DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, Public Resources Code sections 48690 et seq. authorize the Department of Resources Recycling and Recovery ("CalRecycle"), formerly known as the California Integrated Waste Management Board, to make payments to qualifying jurisdictions for implementation of their used oil programs as required by PRC § 48690 et seq.; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND, CALIFORNIA, DOES RESOLVE., DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council authorizes the submittal of applications for the Used Oil Payment Program to CalRecycle; and
SECTION 2. The City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Upland all documents, including but not limited to, applications, agreements, annual reports including expenditure reports and amendments necessary to secure said payments to support the City's Used Oil Collection Program; and
SECTION 3. This authorization is effective until rescinded by the City Council.

SECTION 4. - The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 12th day of July, 2010. `ahn V. Pomierski, Mayor
I, Stephanie A. Mendenhall, 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 12th day of July, 2010, by the following vote:

AYES: Mayor Pomierski, Councilmembers Brandt, Musser, Thomas, Willis NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:

Stephanie A. Mendenhall, City Clerk

Page 56 of 178 ends

A °p`q, CITFUPLAND
.�, �. ' "The City of Gracious Living"
c�lrFOR�i� Z�v�/ `C`/
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: CONSIDER ACCEPTING THE CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM FISCAL YEAR 2024-25 GRANT AWARD
RECOMMENDED ACTION:

It is recommended that the City Council accept the CalRecycle Beverage Container Recycling City/County Payment Program Fiscal Year 2025-26 grant award of$19,823 and appropriate the funds.

GOAL STATEMENT
The proposed action supports the City's goal of pursuing grant funding to supplement local funding sources and exercise prudent fiscal management of the City's Solid Waste Fund.

BACKGROUND
The Department of Resources Recycling and Recovery(CalRecycle) administers the Beverage Container Recycling City/County Payment Program (CCPP) to provide opportunities for beverage container recycling. CalRecycle distributes$10,500,000 each year to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. Grant awards are based on city or county population,with cities eligible for a minimum of$5,000 and counties eligible for a minimum of$10,000 per grant award.

ISSUES AND ANALYSIS
On November 18,2025, the City applied for the Beverage Container Recycling CCPP Fiscal Year 2025-26 grant to support the City's efforts to collect and properly recycle beverage containers. In April 2026, the City was awarded $19,823 for the Fiscal Year 2025-26 grant cycle,and the City received the grant check April 2026.

Grant fund expenditures include supplies,educational materials,and personnel expenses associated with administering the beverage container recycling collection program.Grant funds are also used for the purchase of trash bags and litter abatement activities in parks and City right of-way.

ENVIRONMENTAL DETERMINATION
This item is associated with grant funding,which is not considered a project under California Environmental Quality Act(CEQA).

FISCAL IMPACTS
The Beverage Container Recycling CCPP grant award totals $19,823. Revenue will be deposited in the Solid Waste Utility Beverage Recycling Grant Revenue Account No. 6410000-4351-40057 and appropriated in the Solid Waste Utility Beverage Recycling Grant Other Services Account No. 6410000-5258-40057.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 57 of 178 ends

Beverage Container Recycling City/County Payment Program CalRecycle City/County Annual Payment and Reporting System Funding Request Certification
Upland
Funding Request Cycle: FY 2025-26 Type: Individual Eligible Funds($): 19,823 Program Requirements
1) PRC 14581 (a)(3)(B)
Project Description:

Bottles, cans, and other beverage containers will be collected as part of the City's litter clean-up operations in parks, recreation areas, and roadways. Furthermore, in an effort to raise awareness and participation in beverage container recycling,the City will encourage recycling at City events, presentations, and other public outreach opportunities. 2) PRC 14581 (a)(3)(F)(Supermarket sites refer to certified recycling centers at supermarkets (PRC 14526,6)) Have you prohibited the siting of a supermarket site?
No
Have you caused a supermarket to close its business?
No
Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction? No
3)Are you currently participating in mediation mandated by AB 506 ? Have you attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? Note: The answer is for informational purposes and will not be used to determine eligibility for payment funding.

No
4) California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities,the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this Funding Request. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving state funds for this project,the agreement will be terminated and any disbursed program funds shall be returned to CalRecycle. If any applicant or participating jurisdiction is a charter city , does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project described in this Funding Request?Check the following, as applicable.

Not Applicable, This Funding Request does not include any charter cities. 5)These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public Resources Code 14581 (a)(3)(C).Applicant acknowledges that submittal of this Funding Request constitutes acceptance of all provisions contained in the Application Guidelines and Instructions FY2025-26.

Yes, I Accept
Document Type Date Title
Resolution 02/08/2016 Resolution 6320 Cal Recycle Payment Programs Signed Funding Request 10/09/2025 Funding Request Certification Upland Page 1 of 2 PrirPadge t g2 78

Beverage Container Recycling City/County Payment Program Cal Recycle City/County Annual Payment and Reporting System Funding Request Certification
Current Activity Group Current Activity Item Budgeted Funds ($) Public Parks 1 Recreational Areas
Government/Office Buildings
Entertainment Venues
Sports Complexes
Beverage Container Collection Community Events 5 000 Programs Equipment-Vehicle 1 Truck/Trailer 1 Lift Gate Recycling Bins
Supplies- Liners 1 Bags I Gloves
Storage Containers(dumpster, roll-off)
Water Refill Stations
Public Parks 1 Recreational Areas
Litter Clean-up Roadways 9,500
Community Events
Equipment/Supplies
Advertising/Promotional Billboards/Signs 98 Print Ads 1 Flyers/Posters
Schools-Elementary
General Public
Recycling Education Workshops/Presentations 2,225 Recycling Guides/Booklets/Brochures
Exhibits 1 Booths
Recycling Coordinator
Personnel Program Administrator 3,000
Training
Total: 19,823
Penalty of Perjury Statement:
"I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this Funding Request on behalf of Recipient,that I have read the City/County Payment Program Guidelines and that to the best of my knowledge a elief that i ormation provided in this Funding Request is true and correct." X lb it5 1
Signature of Signature Authority(as authorized in Resolution)or Date Authorized Designee (as authorized in Letter of Designation) ?17,1o11 G &p Ne- C*c 4
O we.n Ar'u,1G1 C�k� Marten G c'"
ext- nGr
Print Name Print Title •l
IMPORTANT! Recipient must print out this page,obtain signature of Signature Authority, upload signed document to the City/County Annual Payment and Reporting System, and retain the original document in the Recipient's cycle file.

Upland Page 2 of 2 Pri 6e1ggla> 8

RESOLUTION NO. 6320

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING

SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND

RELATED AUTHORIZATIONS
Intent of the Parties and Findings
(I) Pursuant to Public Resources Code section 48000 et seq. the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and
(ii) In furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and (iii) CaiRecycle's procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program.

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

Section 1. City of Upland is authorized to submit an application to CalRecycle for any and all payment programs offered.

Section 2. The Upland Public Works Director, or his/her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment.

Section 3, Certification. The City Clerk of the City of Upland shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this Governing Body.

PASSED, APPROVED and ADOPTED this 8th day of February, 2016. ay . M er, Mayor
I, Jeanette Vagnozzi, City Clerk of the City of pland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 8th day of February, 2016, by the following vote:

AYES: Mayor Musser, Councilmembers Bozar, Filippi, Stone, Timm NOES: None
ABSENT: None ��
ABSTAINED: None t h,
ATTEST:
agns , Clerk

Page 60 of 178 ends

4<�°F °p`q� CITFUP LAND
oid "The City of Gracious Living"
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR-OPERATIONS

ALEX GONZALEZ,OPERATIONS SUPERVISOR
SUBJECT: CONSIDER APPROVAL OF A CHANGE ORDER FOR THE PURCHASE ORDER WITH

FORD OF UPLAND
RECOMMENDED ACTION:

It is recommended that the City Council approve a change order in the amount of$15,000 to an existing purchase order with Ford of Upland for a total revised purchase order amount of$65,000; and authorize the City Manager to execute the change order.

GOAL STATEMENT
The proposed action supports the City's goal of providing a high quality of life by ensuring that all the City Police Department vehicles and City-wide vehicles are of the highest functionality, which is essential to maintaining operational needs.

BACKGROUND
The Public Works Fleet Maintenance Division is responsible for purchase, disposal, maintenance and operation of City vehicles and equipment. A core function of the division is ensuring the ongoing maintenance and reliability of citywide vehicles.This is accomplished through the implementation of structured preventive maintenance programs, timely corrective repairs,and adherence to manufacturer service intervals.

The original Purchase Order was issued on September 4,2025,to Ford of Upland(FOU)for vehicle maintenance and repair services. A sole source agreement was approved based upon FOU being the only local Ford provider with specialized diagnostic equipment, OEM parts and factory trained technicians authorized to perform warranty repairs and maintenance in addition to their demonstrated ability to meet the city's operational needs. Additionally, the vendor's ability to accommodate urgent repair requests and align with the City's operational demands has made them a reliable local partner in maintaining fleet readiness.

ISSUES AND ANALYSIS
Throughout this Fiscal Year, the Fleet Maintenance Division has experienced staffing shortages that have impacted the ability to complete all required maintenance and repair services in-house.As a result,the division has relied more heavily upon contracted vendor support. The proposed change order approval will ensure continuity of operations to prevent future service disruptions to the City's fleet.

ENVIRONMENTAL DETERMINATION
Vehicle for maintenance is not considered a project under the California Environmental Quality Act(CEQA)and is Exempt from CEQA.

FISCAL IMPACTS
The total fiscal impact of this action is$15,000,for a total revised purchase order amount of$65,000. There are funds available in the Fleet Management Vehicle Parts/Repairs Account No 7525414-5227.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 61 of 178 ends

~F�a� r`ya CITY OF UPLAND
c.:14t•oa*'F PURCHASE ORDER FORM FY 25/26
Purchase Order No: 20260160 Requested Date: 3/31/26 Department: Administrative Services Vendor No: 6251 Division: Utilities Vendor Name: Ford of Upland Bill To Adress: 460 N Euclid Ave Vendor Address: 1300 e 20th st Upland, CA 91786 Upland,Ca 91784
Bill to Attn: Finance Type: Additive Change Project No: Project Title:

Description of Work/Services:

Vehicle maintenance and repair services
Justification:

See attached sole source&exemption form
Account No. Original PO Previous Change Request Revised PO Amount Amount Amount Amount
752-5414-227 $50,000.00 $ 15,000.00 $65,000.00 r
Total $50,000.00 $0.00 $ 15,000.00 $65,000.00
Any change that results in the PO to exceed$50,000 shall be approved by City Council. A PO may not be increased by more than 10%or$2,500,whichever is less,without a PO change order,except for taxes,shipping and handling costs(section 8.4)

Page 62 of 178 ends

page 2

PURCHASE ORDER FORM
Purchase Order No: 20260160 Requested Date: 3/31/26 Requested By:

Attachments Signature EAl Gonzalez / Date Name/Title Operations Supervisor-Fleet
Bids/Quotes Form
✓ Sole Source/Exempt Form 4 / f Z
Signature Richard Smiderle Date
TiChange Order/Addendum Name/Title Operations Manager n Staff Report Memo Reviewed By: a/Clz/?,� Signature mily Saucedo Date
DIR(Projects over$25,000) Name/Title Budget Specialist l l Other
Approved By: U 1 .12
Department Head Signature— D te
Approved By:

City Manager Signature* Date
*City Manager signature required for:

I. Additional Work approval per Agreement terms
li. Authorization of Purchasing Policy Section 11.7

Page 63 of 178 ends

,� of* Lip
V ,; cl CITY OF UPLAND
f dl

SOLE SOURCE & EXEMPTION FORM
r e
ItivaaS
As required under section 11.3 of the purchasing policy, any requisition over $10,000 that is not selected through a competitive quoting/bidding process must provide supported written documentation. Please fill-out this Sole Source & Exemption Form including signatures;attach all supporting documentation;and forwarded to the Finance Division.

Vendor Information:

Vendor No: 96251
Vendor Name: Ford of Upland
Vendor Address: 1300 e 20`h st
Upland, Ca 91784
Vendor Phone: 909 946 5555
Vendor Email:

Product/Service: Please provide a full description of the goods or services that is being requested for sole source purchase Vehicle maintenance and repair services
Justification:check all that apply(explain reasons below) ❑ Only known product of its kind (section 11.3) ❑ Piggie-back purchase(section 11.4) ❑ Only known authorized distributer(section 11.3) L Emergency purchase(section 11.6) ❑X City standardized equipment(section 11.3) Z City Manager Waiver(section 11.7) ❑ Exempted (section 6) ❑
Justification: Please provide any additional written justification The city of Upland requires ongoing maintenance and repair services for its fleet vehicles, including patrol units used by the police department. These vehicles are critical for public safety and must remain in continuous operation with minimal downtime. Ford of Upland is the only local Ford provider with specialized diagnostic equipment, OEM parts and factory trained technicians authorized to perform warranty repairs and maintenance in our fleet.

Requested by: Reviewed By:
---/ Li- (e- La 'tL viut
Aleinzalez , Date Emily Saucedo Date
Operations Supervisor Budget Specialist
Reviewed By:

Michael Blay Date
City Manager
Approved by: / .pproved By:
iQ ZU t
J17 .
1 12_4,
Richard Smiderle Date bar�nie.n Qxrt �,= Date Operations Manager Assistant City Manager
[Submit to Finance Help Desk] Page 64 of 178

4c,°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GANDARA,RECREATION&COMMUNITY SERVICES MANAGER
SUBJECT: CONSIDER APPROVAL OF THE APPROPRIATION OF FUNDS FOR THE INSTALLATION

OF UPGRADED SOCCER FIELD LIGHTS
RECOMMENDED ACTION:

It is recommended that the City Council approve a budget adjustment and the appropriation of$122,642 from the Quimby Capital Improvement Project Fund for the installation of upgraded soccer field lights at Cabrillo Park.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving City sports field safety infrastructure.

BACKGROUND
Cabrillo Park serves as the City of Upland's only dedicated soccer complex and supports year-round use. The sports fields at the park are primarily allocated to American Youth Soccer Organization(AYSO),the City's resident youth league. In addition, the park also accommodates periodic use by other groups, including Western Christian High School,club teams,and adult soccer leagues.Due to the high level of demand,the park's fields,particularly the north soccer field area,are heavily utilized during evening hours when field lighting is essential.

The existing sports field lighting system at Cabrillo Park was installed more than 25 years ago.Since that time,lighting technology has advanced significantly, particularly with the development of LED systems that offer improved illumination quality, focused lighting and energy efficiency. The current system was originally manufactured and installed by Musco Lighting,which remains the provider of record for the existing infrastructure.

On December 8,2025,the City Council receive and filed the Fiscal Year 2024-25 Quimby annual report.

ISSUES AND ANALYSIS
Given the age of the existing lighting system, the north soccer field area is experiencing diminished lighting performance and increased maintenance needs. Older fixtures are less energy-efficient, provide less consistent illumination,and are more costly to maintain due to aging components and limited parts availability.

Upgrading to a modern LED lighting system would provide several operational and community benefits. LED technology delivers stronger, more uniform field lighting, improving visibility and safety for participants. It also reduces energy consumption and long-term operating costs,aligning with the City's efforts to improve efficiency and manage expenditures.Additionally,newer systems offer improved reliability and reduced maintenance requirements.

Per the City's Purchasing Policy Section 11.3,commodities and services,which can be obtained from only one vendor are exempt from competitive bidding. The existing infrastructure at Cabrillo Park was designed and installed by Musco Lighting. Musco's proprietary design and technology requires the City to maintain its inventory consistent with standardized equipment, minimizes potential integration issues, and maintains consistency in lighting performance across the facility.

Given the park's year-round use and its importance as the City's primary soccer venue, timely replacement of the lighting system at the north soccer field area is essential to maintaining service levels, supporting user groups, and improving overall field conditions.

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As the project falls within the applicable California Uniform Public Construction Cost Accounting Act(CUPCCAA) thresholds, it is eligible for approval by the City Manager. Upon the agreement execution with Musco Lighting,the project is anticipated to commence within 4-5 weeks.

FISCAL IMPACTS
The total project cost is estimated at$138,765,plus 10%contingency, for a total of$152,642. $30,000 available in the Cabrillo Park Soccer Netting Project Account No. 4217500-5540-83011. The attached budget adjustment will transfer those funds to the Cabrillo Park Soccer Lights Project Account No. 4217500-5540-83014. The remaining $122,642 will be appropriated from available Cabrillo Park neighborhood unallocated funds in the Quimby Fee Capital Improvement Project Fund.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 66 of 178 ends

of Upt
~i`°a CITY OF UPLAND
............... s,
9LIFo4� SOLE SOURCE& EXEMPTION FORM
As required under section 11.3 of the purchasing policy, any requisition over$10,000 that is not selected through a competitive quoting/bidding process must provide supported written documentation. Please fill out this Sole Source & Exemption Form including signatures;attach all supporting documentation;and forward to the Finance Division.

Vendor Information:

Vendor No: 1878 Vendor Address: 211 2nd Avenue West Vendor Name: Musco Sports Lighting, LLC Oskaloosa,Iowa Vendor Phone: 800-825-6020 Vendor Email: [email protected] Product/Service: Please provide a full description of the goods or services that is being requested for sole source purchase Retrofit(12)30'existing light poles at Cabrillo Park North fields and install 36 TLC LED NR550 LED Factory-aimed and assembled luminaries.

Justification:check all that apply
❑ Only known product of its kind (section 11.3) 0 Piggie-back purchase(section 11.4) ❑ Only known authorized distributor(section 11.3) 0 Emergency purchase(section 11.6) Describe below.

O City standardized equipment(section 11.3) Describe below. 0 City Manager Waiver(section 11.7)Attach Memo. ❑ Exempted (section 6) 0
Given the complexity of the sports field lighting system and field lights scheduling,technical and specific knowledge is critical to ensure compatibility of replacement components,proper system functioning that adhere to all required standards.

Please answer the following questions.

1.Why is the acquisition/purchase restricted to this good/service/supplier?Specifically,why can this acquisition/purchase not be competitively bid? Are there consequences for not contracting with this supplier? Engaging a new contractor unfamiliar with the facility's equipment could require additional time for system assessment,increase the risk of configuration errors,and potentially result in operational inefficiencies or premature equipment issues.The vendor has already performed assessments,services and is familiar with all field lighting systems.

2. How was the price offered determined to be fair and reasonable? What is the basis for comparison? Was a cost analysis done and if so, please attach backup documentation.

Pricing was determined to be fair and reasonable based on a review of current market rates for comparable lighting equipment,labor,and materials,as well as a detailed evaluation of the vendor's cost breakdown.

3. Please provide any cost savings realized by the acquisition/purchase of the good/service from this supplier.

Utilizing Musco Sports Lighting,LLC.minimizes project delays and reduces the duration particularly given the lead time for parts.The vendor's familiarity with the system also avoids additional diagnostic expenses and potential change orders,resulting in overall cost efficiency.

Requested by: Approved By:
4/13/2026
Signature Date Department Head Signature Date Name/Title Jessica Gandara/Recreation&Community Services Manager 4/13/2026
Signature Date City Manager Signature* Date Name/Title Meghan Meade/Recreation&Community Services Supervisor *City Manager approval needed if amount is$25,000 or greater,or Purchasing Policy Exemptions 11.6 or
Reviewed By: 11.7 are used
3/19/2026
Signature Date
Name/Title Jacqueline Gurrero/Senior Administrative Assistant

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��4 of UX.
°� d CITY OF UPLAND

BUDGET AMENDMENT
P - c tiP
-LIFo4v•
Date: 5/11/2026 Fiscal Year: FY25-26
Requested by: Charles Kwon Amount: $ 122,642.00 Dept/Div: Finance Description: 5/11/2026 Council Meeting Cabrillo Park Soccer Field Lights

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 4217500-5540-83011 Quimby/Cab Prk Scr Netting 90,000.00 90,000.00 (30,000.00) 60,000.00 4217500-5540-83014 Quimby/Cab Prk Scr Lights - - 152,642.00 152,642.00 Total 90,000.00 90,000.00 122,642.00 212,642.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
Fiscal Impact 122,642.00
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:

El Other- Explain:

CONSIDER APPROVAL OF THE APPROPRIATION OF FUNDS FOR THE INSTALLATION OF UPGRADED SOCCER FIELD LIGHTS This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 5/11/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Finance Officer: Date:

Funds Available? ❑Yes ❑No
o Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:

Finance Division Only:

BA#: 11266067 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page &/Qi2611 87 AM

CITY OF UPLAND

QUIMBY FEE PROJECT IDENTIFICATION
As of JUNE 30,2025
Estimated Estimated Designated
Project Name Status Completion Cost Funds Unallocated Current Balance $3,027,382
Undetermined Transfer Unplanned ($3,027,382) Unallocated Totals ($3,027,382) $3,027,382 DISTRICT 1 PARKS
Greenbelt Park Current Balance $471,427
Park Shade Structure Planned FY 26/27 ($143,180) Park Plaground Planned FY 26/27 ($150,000) Undetermined Projects or Transfers ($178,247) Greenbelt Park Totals ($471,427) $471,427 San Antonio Park Current Balance $0
Sycamore Hills Park Current Balance $3,107,927 Master Plan Active FY 27/28 ($84,670)
Future Park Inactive Unknown ($3,023,257) Sycamore Hills Park Totals ($3,107,927) $3,107,927 DISTRICT 2 PARKS
13th Street Reservoir Park Current Balance $0 Magnolia Park Current Balance $0
McCarthy Park Current Balance $777,285
Exercise Equipment Replacement Planned FY 26/27 ($100,000) Horseshoe Area Rehab Planned FY 26/27 ($10,000) Park Playground Planned FY 26/27 ($606,460) Undetermined Projects or Transfers Inactive Unknown ($60,825) McCarthy Park Totals ($777,285) $777,285 Sierra Vista Park Current Balance $18,048
Undetermined Projects or Transfers Inactive Unknown ($18,048) Sierra Vista Park Totals ($18,048) $18,048

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CITY OF UPLAND

QUIMBY FEE PROJECT IDENTIFICATION
As of JUNE 30,2025
Estimated Estimated Designated
Project Name Status Completion Cost Funds DISTRICT 3 PARKS
Baldy View Park Current Balance $399,773
Park Playground Planned FY 26/27 ($273,000) Undetermined Projects or Transfers Inactive Unknown ($126,773) Baldy View Park Totals ($399,773) $399,773 Cabrillo Park Current Balance $677,151
Soccer Field Protective Netting Active FY 25/26 ($90,000) Undetermined Projects or Transfers Inactive Unknown ($587,151) Cabrillo Park Totals ($677,151) $677,151 Citrus Park Current Balance ($1,701)
Undetermined Projects or Transfers Inactive Unknown $0 Citrus Park Totals $0 ($1,701)
Fern Reservoir Park Current Balance $0
DISTRICT 4 PARKS
9th and Bodenhamer Park Current Balance $886,873 9th and Bodenhamer Neighborhood Park Planned FY 26/27 ($886,873) 9th and Bodenhamer Park Totals ($886,873) $886,873 Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Current Balance $1,500,198 Urban Plaza (Tom Thomas Magnolia) Park Project Active FY 25/26 ($823,340) Full Restroom Replacement Planned FY 26/27 ($125,000) Undetermined Projects or Transfers Inactive Unknown ($551,858) Olivedale/8th St. Reservoir Park/Urban
Plaza/Downtown Parklets Totals ($1,500,198) $1,500,198 Memorial Park Current Balance $290,527
Pickleball/Tennis Courts Planned FY 27/28 ($290,527) Memorial Park Totals ($290,527) $290,527 Total Projects ($11,156,592) $11,154,891

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MINUTES OF THE SPECIAL MEETING OF THE FINANCE COMMITTEE April 29, 2026
4:00 p.m.

SPECIAL MEETING
Council Chamber
City Hall, 460 N Euclid Avenue

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 4:00 p.m.

In attendance: Committee Chairperson Shannan Maust, Committee Members James Breitling and Greg Bradley, Assistant City Manager Stephen Parker, and Finance Manager Staci Sullivan.

2. ORAL COMMUNICATIONS
None

3. AGENDA ITEMS
There was a Committee Consensus to consider Item No. 3d first. d. PROPOSED FISCAL YEAR 2026-27 —2027-28 BIENNIAL BUDGET Assistant City Manager Parker and Finance Manager Sullivan presented a PowerPoint presentation.

There was a Committee consensus to move forward with Staff's recommendations for usage of one-time funds, policy adjustments to support discretionary funding, and bring the proposed budget to the City Council at the May 18, 2026 Workshop.
a. MARCH 31, 2026, PORTFOLIO REVIEW
Assistant City Manager Parker presented information on the December 31, 2025 - March 31, 2026, Portfolio Review.
b. SALES TAX UPDATE — 3RD QUARTER 2025
Assistant City Manager Parker presented an update on the sales tax third quarter 2025.
c. REVIEW GENERAL FUND RESERVE POLICY ALLOCATIONS
Assistant City Manager Parker and Finance Manager Sullivan presented a PowerPoint presentation.
1

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4. COMMITTEE MEMBER COMMENTS
Committee Chairperson Shannan Maust expressed appreciation to Finance staff for their presentation and thanked all departments for their efforts.

5. ADJOURNMENT
The meeting was adjourned at 4:53 p.m. The next regularly scheduled Finance Committee meeting is Wednesday, October 28, 2026.

Keri Johnson, City Clerk
2

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4 cir UpL CzoFUPLAND
+6 "The Oily of Gracious Living"
r1
•rlb
o1 FINANCE COMMITTEE
46 **AGENDA**
Wednesday, April 29, 2026
4:00 p.m.

SPECIAL MEETING
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. MARCH 31, 2026, PORTFOLIO REVIEW
Recommended Action:

The Finance Committee receive and file the City of Upland's December 31, 2025 - March 31, 2026, Portfolio Review.
b. SALES TAX UPDATE — 3RD QUARTER 2025
Recommended Action:

The Finance Committee receive and file the third quarter 2025 sales tax update prepared by HdL Companies.
c. REVIEW GENERAL FUND RESERVE POLICY ALLOCATIONS Recommended Action:

The Finance Committee review the allocations designated in the General Fund Reserve Policy and consider recommendations to City Council for any adjustment to the reserve policy. d. PROPOSED FISCAL YEAR 2026-27 —2027-28 BIENNIAL BUDGET

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Recommended Action:

The Finance Committee receive an update on the proposed Fiscal Year 2026-27 — 2027-28 biennial budget and provide recommendations to the City Council regarding balancing the General Fund budget.

4. COMMITTEE MEMBER COMMENTS

5. ADJOURNMENT
The next regularly scheduled Finance Committee meeting is Wednesday, October 28, 2026.

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 23, 2026, 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), and the City website at www.uplandca.gov

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The full packet for the Finance 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)

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4<�°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MICHAEL BLAY,CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH SOUNDSKILZ TO PRODUCE AND

MANAGE THE LEMON FESTIVAL
RECOMMENDED ACTION:

It is recommended that the City approve the agreement with Soundskilz Inc. to produce and manage the Lemon Festival;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of implementing City activities and events.

BACKGROUND
The Lemon Festival began in 1997 as a local,family-friendly event celebrating the City's citrus heritage.It has grown into a three-day Festival with live entertainment, food vendors, and community activities. Today, it attracts tens of thousands of visitors across the Inland Empire and showcases Historic Downtown Upland.

In 2020,the Covid-19 pandemic forced the City to cancel the Lemon Festival. In 2021,the previous event operator chose not to return. This pivotal moment required the City to decide whether to pause the event, scale it back, or rebuild it under a new operational model. Meanwhile, significant disruption in the event industry caused many organizers to avoid assuming the financial risk of producing large-scale public events.

Staff contacted potential organizers, but all demanded significant upfront financial commitments from the City or agreed only to handle limited event components. Neither option benefited the City, as a fragmented event would increase coordination needs and financial risks.

In 2022,the City identified Soundskilz Inc. as a qualified partner willing to produce and manage the entire event. On March 14, 2022, the City Council approved a five-year agreement with Soundskilz. Under a compressed timeline, Soundskilz delivered a full-scale Festival in June 2022. Notably, Soundskilz financed and assumed the event's financial risk,which enabled the City to reestablish the Lemon Festival while limiting financial exposure.

Soundskilz has continued to successfully produce the Lemon Festival in the following years(2023 —2025).In 2025, the City contracted Kosmont Companies (Kosmont)to conduct a survey and analysis of the Lemon Festival, which was completed in November 2025.Kosmont's analysis found that the 2025 Lemon Festival generated approximately 97,800 visits,with visitors spending an average of approximately two hours in the downtown area. This represented a continued increase in attendance.Approximately one-third of attendees traveled more than 10 miles,confirming the Festival's status as a regional event.

ISSUES AND ANALYSIS
Evolution and Continuous Improvement
Since 2022,Soundskilz has continued to improve Lemon Festival operations.Enhancements have included improved event layout and pedestrian flow,increased vendor coordination,and overall safety planning.

Soundskilz has introduced additional features above the baseline, such as expanded marketing, more programming, and a mobile event app to promote local businesses and to help attendees navigate.Based on Kosmont's survey,these efforts have increased engagement and visitor dwell times.

Additionally, the Lemon Festival has maintained a strong public safety record, reflecting effective coordination between Soundskilz and the Upland Police Department.

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Community and Economic Value
The Lemon Festival is now an established Inland Empire event and economic driver for Historic Downtown Upland.

Kosmont's analysis shows it brings visitation levels far above normal weekend activity, making it the largest annual draw to downtown.

The Lemon Festival attracts visitors from across the region, with a substantial portion traveling from outside the immediate area.Visitors typically spend extended time in the downtown area,creating opportunities for both on-site spending and increased patronage of local businesses.

Survey results indicate that a majority of downtown businesses report a positive overall impact from the Festival,with many noting increased sales and customer activity. Forty percent (40%) of businesses also report gaining new customers during the event who later return,indicating a longer-term economic benefit.In addition,nearly half of the attendees report an improved perception of Downtown Upland after attending the Lemon Festival.

Beyond measurable economic activity, the Lemon Festival strengthens community identity, promotes local businesses, and enhances the City's visibility as a destination within the surrounding region. Kosmont's data demonstrates that the event has matured into a consistent and reliable economic and community asset.

Lessons Learned and Operational Considerations
As the Festival has evolved, the City and Soundskilz have identified key operational considerations that require continued refinement.

Parking remains the most significant and consistent challenge associated with the Lemon Festival.Due to the scale of the event and the constraints of the downtown environment,parking limitations are inherent to any large event held there.This reflects the scale of the event rather than a deficiency in operations.While these challenges are unlikely to be fully resolved, Soundskilz has demonstrated an ability to adapt by partnering with City staff to implement mitigation strategies.Current planning for the 2026 Lemon Festival includes enhanced rideshare promotion,improved signage,and communication efforts.The City and Soundskilz will continue to work together to address this challenge.

Post-event cleanup is an ongoing operational concern. Under the existing agreement, Soundskilz is responsible for cleanup costs and has contracted Bun-tee for supplemental services.To further improve post-event conditions,the City will increase coordination with Soundskilz, set clearer expectations for trash removal, and monitor site restoration after the event.

The Lemon Festival footprint has reached practical limits within the downtown area. As a result, the focus moving forward will be on improving operational efficiency,programming quality, and overall visitor experience within the existing footprint.

Partnership Model and Risk Allocation
A key component of the current contract is that Soundskilz assumes the financial responsibility and risk associated with producing the Lemon Festival.This includes funding upfront costs,coordinating vendors and programming,and absorbing potential financial losses from weather or attendance fluctuations.

This structure was critical to reestablishing the Lemon Festival following the pandemic and remains a significant factor in its continued success. The current model allows the City to host a large-scale regional event while limiting direct financial exposure and benefiting from the Festival's economic and community impacts.

Looking Ahead
The 2027 Lemon Festival will mark the 30-year anniversary of the event. This milestone presents an opportunity to build upon the Festival's established foundation and further enhance its role as a signature community event.

Although there is still one year remaining on the existing contract, Soundskilz has expressed a desire to enter into a new five-year agreement with the City. A multi-year agreement provides the stability necessary for Soundskilz to make long-term investments in programming,marketing,and vendor attraction,which require multiple years to fully realize. This approach allows for the amortization of upfront costs over time, supports continued reinvestment and is particularly important given that Soundskilz assumes the financial risk associated with producing the Festival.

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A new multi-year agreement would provide stability for ongoing enhancement, ensure continued economic and community benefits,and preserve the City's advantageous risk allocation.With the 30-year anniversary approaching, the opportunity exists to elevate the Lemon Festival as a signature event,sustain its positive impacts,and reinforce its position as a valuable civic tradition.

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 agreement places primary financial responsibility for producing the Lemon Festival on Soundskilz, who funds the upfront costs of the event and assumes the financial risk associated with its operation. This includes potential impacts from weather,attendance variability,and vendor participation.

The City and County are reimbursed for direct costs associated with public safety and event support services,including services provided by the Upland Police Department and the San Bernardino County Fire Department. Certain costs, such as road-closure barricades,are not reimbursable.

The City receives a revenue share equal to twenty-five percent (25%) of net revenue above the first $50,000.

Soundskilz shall designate the City of Upland as the point-of-sale location for all food and beverage sales conducted in connection with the event for sales tax reporting purposes.

This structure limits the City's direct financial exposure while allowing the City to participate in potential revenue.

While the City's direct share of event revenue is modest, the Lemon Festival generates indirect benefits through increased visitation, support for local businesses, and enhanced visibility of Historic Downtown Upland. These impacts contribute to sales tax generation and broader economic activity, which positions downtown as a viable location for future events and private investment,although these effects are not readily quantifiable.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 15, 2027 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 Soundskilz, Inc., corporation with its principal place of business at 39444 Calle Portillo, Temecula, CA 92592 (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:

The 2027-2031 Upland Lemon Festivals (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.
a. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
b. The City may also utilize the Consultant to provide services for other City events in addition to the Project during the term of this agreement. The scope of services and compensation for other City Events shall be mutually agreed upon between the City and Consultant.

Consultant's services for other City Events shall be subject to the remaining terms of this agreement.

2. Compensation.
b. In no event shall the City pay for services rendered by Consultant under this Agreement. The City and the Consultant agree to the financial arrangement described in the Financial Proposal attached hereto as Exhibit "B."

3. Additional Work.

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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.

5. Term
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of fully executed agreement. Consultant shall complete the services required as described in Activity Schedule hereto attached. The entire term of this agreement will be five (5) years from the date of approval and may include additional City events, including subsequent Lemon Festival events, unless terminated by either party.

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

9. Assignment and Subconsultant
2

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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.

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

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(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.
(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.
4

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(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.

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 5

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equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the 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 6

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through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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 7

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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.

14. Verification of Employment Eligibility.

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15. Reserved

16. Laws and Venue.

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

19. Organization
Consultant shall assign Steve Clayton 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.

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CITY: CONSULTANT:

City of Upland Steve Clayton
460 N. Euclid Avenue 39444 Calle Portillo
Upland, CA 91786 Temecula, CA 92592
Attn: City Manager's Office
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.

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

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

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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.

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND SOUNDSKILS, INC.

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

CITY OF UPLAND SOUNDSKILZ, INC.

By: By:

MICHAEL BLAY
CITY MANAGER Its:

Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:

Its:

Printed Name:

APPROVED AS TO FORM
By:

CITY ATTORNEY
ATTEST:

By:

CITY CLERK
12

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EXHIBIT A
Scope of Services
In general, CONTRACTOR will provide or sub-contract the following services. These services are general in nature and are not all-inclusive of the duties and responsibilities of the CONTRACTOR.
■ Research & Monthly Planning
• Attend and contribute to monthly Project meetings and/or as reasonably requested by City.
■ Marketing & Sponsorship
• Develop and manage Project omni-channel online/social, Out Of Home and print marketing campaign concepts and fulfillment.
• Review overall Project sponsorship program and recommend strategies and activations to maximize revenue potential.
• Solicit, negotiate, and implement/manage all sponsorship contracts. ■ Financial Planning
• Develop a comprehensive Project budget.
• Manage all Budget and Scope changes as required to deliver the Project. • Manage, collect, and securely hold all sponsorship, booth sales, donations, food/beverage/merchandise cash receipts collected during the Project, and other forms of revenue.
• Settlement of all Project subcontractor expenses and invoices. • Reconciliation of Project budget(s) and weekly/monthly financial reporting to City as requested.
• Produce a final audit and settlement of all revenues and expenses after the completion of the Project.
■ Special Event Permit Condition
• Comply with all Special Event Permit Conditions including the cleaning, power washing, and trash removal of the entire event footprint to the satisfaction of City Staff.
13

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EXHIBIT B
Financial Proposal
The CONTRACTOR will assume all costs associated with the production of the Upland Lemon Festival with the exception of the physical security barriers required by the Upland Police Department to secure the event.

The CONTRACTOR shall designate the City of Upland as the point-of-sale location for all food and beverage sales conducted in connection with the event for sales tax reporting purposes.

In consideration of the financial risk taken by the CONTRACTOR in the performance of these services, the CONTRACTOR will receive the first $50,000 of net revenue. (Gross receipts minus operating expenses) All remaining net revenue will be split in the following manner:
75% - Contractor
25% - City
14

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• Result: Risk of a fragmented event with heavy City coordination

Page 96 of 178 ends

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• Full event planning and marketing in under 90 days • Coordination across vendors, sponsors, and City teams Delivering a large-scale, community event in this timeframe was a significant operational achievement.

Page 98 of 178 ends

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Page 100 of 178 ends

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Page 102 of 178 ends

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The Upland Lemon Festival
Turns 30 in 2027!

Page 104 of 178 ends

Page 105 of 178 ends

Docusign Envelope ID: B62839FB-D728-8F25-822A-CC746656C9E3 y44 or oPt9L
U144

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
I
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.

DocuSigned by:
5/5/2026 I 4:41 PM PDT
-,ADCD232C33CD'AC...

Date Signature of authorized individual
SOUNDSKILZ, INC.

Company/Applicant Name
(Levine Act definitions on reverse side)

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Docusign Envelope ID: B62839FB-D728-8F25-822A-CC746656C9E3

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.

Page 107 of 178 ends

4c, °v °p`q� CITFUP LAND
oid.�, �. "The City of Gracious Living"
c�lrFOR�i�
DATE: May 11,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO,HOUSING MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 5.68 TO TITLE 5 OF THE

UPLAND MUNICIPAL CODE REGARDING MOBILEHOME RENT REVIEW
RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance adding Chapter 5.68 to Title 5 of the Upland Municipal Code regarding Mobilehome Rent Review, and determine the Ordinance is Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3)of the CEQA Guidelines.

GOAL STATEMENT
The proposed action supports the City's goal of responsive and transparent governance by establishing a fair and balanced framework that protects mobilehome residents from unreasonable rent increases;ensures mobilehome park owners receive a fair and reasonable return; and establishes a clear, enforceable and workable process for rent adjustments and dispute resolution.

BACKGROUND
The City has authority to adopt rent control for mobilehome parks within the City so long as any ordinance is not in conflict with state laws,the California Constitution,or the U.S.Constitution. Mobilehome Rental ordinances may be adopted under a city's police power so long as it is reasonably related to accomplishing a legitimate government purpose.

State law extensively regulates mobilehome occupancy and mobilehome parks.There are five statutory schemes that are presently in effect: (1)Mobilehome Residency Law(Civil Code§§ 798 et seq.);(2)Mobilehome Residency Law Protection Act(Health and Safety Code§§ 18800 et seq.);(3)Manufactured Housing Act of 1980(Health and Safety Code §§ 18000 et seq.); (4) Mobilehome Parks Act (Health and Safety Code §§ 18200 et seq.); and (5) Special Occupancy Parks Act(Health and Safety Code §§ 18860 et seq.). In addition,the California Department of Housing and Community Development enacts regulations for mobilehomes and is the enforcement agency for health and safety violations where local government has not assumed enforcement. This City of Upland has not assumed enforcement of health and safety violation within the six(6)mobilehome parks in the City.

Additionally, the Mobilehome Residency Law ("MRL") regulates the landlord/tenant relationship between mobilehome park owners and park residents and does not expressly provide for statewide rent control for mobilehome parks.The California Supreme Court has held that the MRL is not a rent control law that restricts how much rent that a mobilehome park owner may charge its residents. (Cacho v.Bourdreau(2007)40 Ca1.4th 341.) Though Civil Code section 798.30.5 provides a narrow state law rent cap on for "qualified mobilehome parks" located within and governed by two or more incorporated cities,this limited category appears to apply to only one park in the state and does not establish a generally applicable statewide mobilehome park rent control program. Additionally, the MRL exempts certain mobile home spaces and leases from local rent control measures:
• Newly constructed mobilehome parks are exempt from local rent control measures for 15 years from the date upon which 50 percent of the spaces in the new mobilehome park are initially held out for rent. • Any mobilehome space lease that meets all of the following criteria is also exempt from local rent control measures: (1)The mobile home is not the principal residence of the homeowner,and(2)the homeowner has not rented the mobile home to another party.

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• Even where a mobilehome space lease is not exempt from local rent control measures, the relevant local jurisdiction must allow the landlord to charge the tenant certain specified fees.The fees include: (1)any fee first imposed by a city, a county, a city and county,the state, or the federal government on or after January 1, 1995,on the space rented by the homeowner; (2)any fee increase in a fee imposed by any governmental entity on the space rented by the homeowner on or after January 1, 1995;and(3)any fee on the space that is first imposed or increased on or after January 1, 1993,under any state or locally mandated program related to housing contained in the Health and Safety Code.

Common Provisions of Local Rent Control Ordinances
A. Fair Return
To meet constitutional requirements,all ordinances must allow the property owner to obtain a fair rate of return.The California Supreme Court has stated that an ordinance need not contain a specific formula as long as it provides a method of regulating rents that avoids confiscatory results. (Fisher v. City of Berkeley(1984) 37 Ca1.3d 644, 680, aff d(1986)475 U.S.260.)Cities have identified various relevant factors in determining whether the rent increase is reasonable so as to protect the mobilehome owner's right to an affordable rent and to protect the park owner's right to a just and reasonable return. If an ordinance provides the landlord with adequate procedures for obtaining a timely rent adjustment,and if the adjustment mechanism is flexible enough to authorize a sufficient increase to provide a fair return,the courts are unlikely to strike down an ordinance merely because its language limits rent increases.The City's ordinance accomplishes this by including provisions for the park owner to obtain a reasonable"return on investment" through consideration of factors including operating income,capital maintenance,increases in property taxes,service costs,etc.

In general, such factors are intended to consider whether mobilehome owners are protected from unreasonable rent increases while,at the same time,ensuring that park owners receive a fair and reasonable return on their investments.

While cities need to consider the cost of capital improvements,they are not absolutely required to authorize an increase where existing rates are adequate to provide a fair rate of return on the overall development, even after capital expenditure.

B. Base Rent Requirements
Many jurisdictions have a"base rent"provision in their mobilehome rent control ordinance that sets a ceiling on the amount of rent that the mobilehome park owner can set for the mobilehome space. The rent amount is typically fixed to a rent amount that was charged on a specific date,which is presumed to yield a fair return to the park owner. The rent amount is subject to increase when certain conditions are met or adjusted based on a consumer price increase.

However, ordinances that include a base rent provision typically also include a safety valve allowing the property owner to seek an increase in order to meet or obtain a"fair return," since challenges to ordinances have been made that the selection of a particular base year could deny someone a fair rate of return. (See El Rovia Mobile Home Park, LLC v. City of El Monte (2020)48 Cal. App. 5th 113, 126 [holding that selection of 2012 as the base year rent did not deny a fair and just rate of return, where the City had approved a compensatory increase to account for market conditions].)As drafted,the Ordinance does not include a base rent concept.It instead relies upon arbitration following a petition by a majority of homeowners to set a"maximum rent schedule." C. Vacancy Control or Vacancy Decontrol Provision
Unlike the provisions of Costa-Hawkins Rental Housing Act,which prohibits vacancy control in rental housing and provides that the landlord of multifamily housing has the right to rent a vacant unit at any price, state law governing mobilehome parks and recreational vehicle parks provides no such restriction. As a result, many jurisdictions have enacted some form of"vacancy control" in their local ordinances. These provisions act as further control on when mobile park owners can increase the rent for a mobilehome space by dictating the specific circumstances when a park owner can or cannot establish a new base rent or when a park owner can increase rent.

The inclusion of vacancy control helps minimize the risk of challenges regarding fair rates of return,potentially at the expense of allowing for greater rental increases. The City Council may consider its policy preference and include an appropriate provision in its ordinance.

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D. Rent Increase Application and Review Procedures
Ordinances often include rent increase and review procedures. Procedures should provide transparency in how an application for rent increase has to be completed and filed and how the City will review completed applications.

Typically,such procedures generally require the park owner to file a rent increase application with the city within set time frames (usually not more than annually, or within a set period following completion of capital improvements).

Once the rent increase application has been received,the city will review the application,hold a hearing,and make a decision to approve or disapprove within a specified time frame. If an adverse decision has been made, some cities deem the decision final, while others permit the park owner and/or operator to appeal. In general,providing for an appeal process means that park owners and/or operators are required to exhaust available administrative remedies before filing suit and provides a public agency a last opportunity to review the decision and supplement the record.

E. Administration of Ordinance: Staff and Public Board One of the key decisions in drafting rent control measures involves the administration of the local regulations. Many jurisdictions designate a member or multiple members of the city staff as the responsible individuals administering and enforcing the mobilehome rent control ordinance. In general, the benefits of having regulations managed at the staff level are streamlined enforcement and usually fewer public hearing requirements. However, some jurisdictions have an appointed board responsible for the administration of local rent control regulations.The designated functions of such boards vary widely.

ISSUES AND ANALYSIS
The elimination of the City's Mobilehome Rent Stabilization Ordinance was part of a broader update last year to the City's Municipal Code. The previous ordinance contained several outdated and unworkable provisions, including limitations that did not align with State of California timelines,current economic conditions,and processes that could not be effectively implemented.

Attached for the City Council's consideration are two ordinances. Exhibit A is the "Restoring" version which is essentially the former ordinance (Chapter 5.68 of UMC) put back into place with a limited set of updates. Those updates include bringing the ordinance into line with current state law, changing the reference date for base rent to April 1, 2026, updating the CPI language to the Riverside-San Bernardino-Ontario index, maintaining the original ordinance structure with the permitted rent increase provision in Section 5.68.040,replacing arbitration with a hearing officer, and removing City Council from the review process so that a hearing officer's decision is final, subject to judicial review. It also removes the old City Clerk certification process for homeowners' associations and instead simply requires notice to a homeowners' association or designated representative, if one exists. Exhibit C provides the changes made to the"Restoring"ordinance for the City Council's reference.

Attached as Exhibit B is the"Revised"version which goes further to revamping the ordinance. It includes the same core policy changes,but it also restructures the ordinance to make it easier to administer. The"Revised"version does the following:
• Adds a Rent Administrator role;
• Base rent increase is the greater of 3%or 100%of CPI,provided rent increase does not exceed 5%; • Gives the City authority to adopt forms and procedures; • Adds a completeness review before a hearing is set; • Allows for an optional meet and confer process;
• Reorganizes the hearing procedures;
• Replaces the older factor list with a more modern and organized"just and reasonable return"framework that is focused on operating expenses,utilities,capital improvements,service levels,prior increases,inflationary factors, and other objective financial considerations, and changes the cost structure so each party bears its own costs;and
• Adds an administration section that would allow the City to require park registration information, and changes violations from misdemeanor treatment to infraction/code enforcement treatment.

The "Revised" version provides a cleaner and more modern ordinance that will likely be easier to administer over time. Both versions replace arbitration with a hearing officer and remove City Council from the merits process. The main difference is that the Revised draft adds more administrative structure and more substantive cleanup. The most notable changes in the "Revised" version that are worth considering include the concept of a designated Rent

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Administrator and a simple application completeness review. Those changes would make the ordinance easier for staff and applicants to work with without turning it into a much more regulatory program. Exhibit D provides the changes made to the former ordinance for the City Council's reference.

Lastly,staff assembled data from ten(10)cities(including Upland's original ordinance)within the Inland Empire for the City Council's reference. The chart below juxtaposes the following regulations:(1)CPI Formula;(2)rent increase cap;(3)vacancy control;and(4)Whether a board,commission or hearing officer is utilized for rent increases beyond the cap.

City CPI Formula Cap Vacancy Control Board/Hearing Officer
Upland(original) 80%CPI 7% Yes,$34 or 7% Arbitration/Council appeal
Chino 66%CPI None No Staff/Administration Colton 60%CPI None No Board/Hearing
Fontana 100%CPI None No Hearing Officer Montclair 100%CPI 6% No Board
100%CPI 3% minimum / Yes,Up to 15% City Manager Rancho 9%maximum upon voluntary review/Resident Cucamonga* vacancy(max Committee/Binding
once every 36 Arbitration for
months) disputes
Redlands 75%CPI 6-9% Yes Board
Rialto CPI-based review Varies Yes Rent Review model I Commission
San Bernardino 80%CPI 4% No Staff/Administrative Yucaipa 100%CPI 4% Yes, 10% upon Board/Hearing transfer

ENVIRONMENTAL DETERMINATION
This action is exempt pursuant to Section 15061(b)(3)of the Guidelines for the California Environmental Quality Act (CEQA),which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA.This action establishes a rent stabilization ordinance to regulate the amount of space rent within Mobilehome Parks within the City, and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore,no environmental analysis is required.

FISCAL IMPACTS
There is no fiscal impact associated with the recommended action.

ALTERNATIVES
The City Council may do any of the following alternatives:
• Adopt either Ordinance.
• Modify any provisions of the Ordinance.
• Direct staff to return with additional information.

CEQA: Determine to be Exempt.

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ORDINANCE NO. [***INSERT NO.***]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING CHAPTER 5.68 TO TITLE 5

OF THE UPLAND MUNICIPAL CODE REGARDING

MOBILEHOME RENT REVIEW
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, there are currently six (6) mobilehome parks owned by mobilehome park owners operating in the City, with a total of approximately 869 mobilehome spaces, which parks are the subject of this rent stabilization ordinance; and
WHEREAS, residents in these mobilehome parks typically own their mobilehome as personal property and rent the space on which the mobilehome sits from the owner of the mobilehome park; and
WHEREAS, the relative immobility of mobilehomes, the substantial investment involved in the purchase of a mobilehome, and the expense, difficulty, and risk of damage in moving a mobilehome has created a captive market of mobilehome owners and tenants in the City; and
WHEREAS, the majority of mobilehome owners in the City qualify as low to moderate-income and are housing cost burdened, meaning they spend more than 30% of their household income on space rent, mortgage, insurance, property tax, utilities, and pass-through fees; and
WHEREAS, the City Council desires to update and re-establish a rent stabilization ordinance to prevent excessive, unreasonable, and frequent rent increases, while at the same time recognizing the need of park owners to receive a just and reasonable return on their investment; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

Section 2. Chapter 5.68 is hereby added to Title 5 of the Upland Municipal Code to read in its entirety as follows:
"CHAPTER 5.68 MOBILEHOME RENT REVIEW

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§ 5.68.010. Purpose.

The city council finds and declares it necessary to protect the owners and occupants of mobilehomes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the increased costs of repairs, maintenance, insurance, upkeep and additional amenities.
§ 5.68.020. Applicability.

A. The provisions of this chapter shall apply to any mobilehome park within the city, unless otherwise exempt in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code § 798 et seq.), as may be amended from time to time.

B. None of the provisions of this chapter shall prohibit any homeowner of a mobilehome park from entering into a written lease with the owner of such park which, by its terms, provides for rental increases different than would be allowed by this chapter in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code § 798 et seq.), as may be amended from time to time.

C. If a homeowners' association exists within a mobilehome park, or if affected homeowners designate a representative for purposes of this chapter, notice required by the chapter shall be provided to such association or designated representative in addition to any notice otherwise required to be provided to affected homeowners individually.

D. The absence of a homeowners' association or designated homeowner representative shall not impair the operation or enforceability of this chapter. § 5.68.030. Definitions.

For the purpose of this chapter, the words set out in this section shall have the following meanings:
"Base rent" means the money charged for any mobilehome dwelling unit space in effect for that space on April 1, 2026, subject to the maximum permitted rent increases per annum as provided for in Section 5.68.040(A). In the event that the space under consideration for rent review has been previously rented and the rental agreement is not extended and no new rental agreement in excess of 12 months' duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation. This base rental is then subject to the maximum permitted rent increase as provided for in Section 5.68.040(A). Where a lease agreement has expired and no new lease agreement is entered into, then the last

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rental rate charged for the space under the previous rental agreement shall be the base rent.
"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs. "City" means the City of Upland.
"City clerk" means the duly appointed city clerk for the city of Upland. "Consumer price index" means the consumer price index for all urban consumers (CPI-U) published for the Riverside-San Bernardino-Ontario Area, or any successor index published by the United States Department of Labor or other successor agency.

If such index is discontinued or substantially revised, the City may designate by resolution or administrative rule a substitute index or method that reasonably reflects changes in the cost of living.
"Hearing Officer" means a neutral decision maker appointed by the City to conduct hearings and decide requests for rent increases in excess of those otherwise permitted by this chapter. The City may maintain a panel of qualified hearing officers or may appoint a hearing officer on an ad hoc basis.
"Homeowner" means any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof. "Homeowners' association" or "association" means a nonprofit unincorporated or incorporated association with membership open to all homeowners of a particular park, with elected officers for a specified period of time. "Mobilehome park owners" means the owner, lessor, operator or manager of a mobilehome park within the purview of this chapter.
"Space rent" means the consideration, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. Also excluded are costs for water, gas and electrical charges if the dwelling unit has individual usage meters. § 5.68.040. Permitted rent increases without a hearing.

A mobilehome park owner may assess a rental increase without the necessity of a hearing upon the following conditions:

A. There have been no prior rent increases within the affected spaces of the mobilehome park for the twelve (12) month period immediately preceding the date of increase.

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B. That the rental increase assessed by the mobilehome park owner does not exceed eighty percent (80%) of the increase in the consumer price index for the preceding calendar year, up to a total increase not to exceed seven percent (7%) of the base rent for the affected homeowner. Provided, however, in the event that the increase in the consumer price index shall itself exceed eight and three-quarters percent (8.75%), such permitted increase shall be seven percent (7%) plus fifty percent (50%) of the increase of the consumer price index in excess of eight and three-quarters percent (8.75%). § 5.68.050. Rental increases in excess of chapter guidelines.

A mobilehome park owner may make an application for a rent increase in excess of the guidelines permitted by this chapter upon appropriate application for an increase under the provisions of Section 5.68.070 hereinafter set forth. § 5.68.060. Reserved.
§ 5.68.070. Request for additional rent increases.

A. In order to implement a rent increase in excess of the guidelines of Section

5.68.040, the mobilehome park owner must file an application with the City, including a proposed rent schedule, on a form prepared by the City. The rent schedule shall show the existing and proposed rents for each space. The mobilehome park owner shall serve each affected homeowner, either personally or by mail, with a 90-day written notice of the proposed increase in accordance with California Civil Code, Section 798.30, or its successor, and in addition, with notice that a request for approval of the increase is being filed with the city clerk. The mobilehome park owner shall file proof of service with the city clerk concurrent with the filing of the rent increase request.

B. If a homeowners' association or designated resident representative exists, the mobilehome park owner shall also provide a copy of the notice and application materials to such association or representative within 10 days of any submission to the City.

C. If a proposed increase is requested under this Section, the following procedures shall be used:

1. The City shall set the matter for hearing before a hearing officer.

2. Written notice of the date, time, and place of the hearing shall be given to the parties thereto in writing not less than 20 days prior to the hearing. The notice shall be given by personal delivery or by depositing in the United States mail directed to the addresses on file with the clerk.

A reasonable continuance, not to exceed 30 days may be granted by stipulation of the parties or at the discretion of the hearing officer.

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3 Each party shall file with the hearing officer and serve copies on the opposing party no less than seven days prior to the hearing all documentary evidence that party intends to introduce into evidence at the time of hearing. Failure to file such documentary evidence under this schedule shall preclude the use of such documents at the hearing except as otherwise stipulated to by the parties, or as permitted by the hearing officer.

D. In the consideration of the reasonableness of a proposed rent increase, the hearing officer shall consider all relevant factors in determining whether such increase yields a just and reasonable return on the mobilehome park owner's property, to include, but shall not be limited to the following:

1. Changes in the consumer price index;

2. Reserved;

3. The rent lawfully charged for comparable mobilehome spaces in the Inland Empire of Western San Bernardino County;

4. The length of time since the last rent increase for the mobilehome space or spaces in the subject park;

5. The hearing officer shall specify that an increase in rent or a portion of an increase in rent granted be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such increase granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement;

6. Changes in the rent paid by the park owner for the lease on which the subject mobilehome park is located;

7. Changes in the utility charges for the subject mobilehome park paid by the park owner and the extent, if any, of reimbursement from the homeowners;

8. Changes in reasonable operating and maintenance expenses;

9. The need for repairs caused by circumstances other than ordinary wear and tear not covered by owner's insurance;

10. The amount and quality of services provided by the park owner to the affected homeowner;

11. Any existing written lease lawfully entered into between the park owner and other homeowners in the park;

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12. The present market value of the mobilehome park owner's property;

13. The investment of the park owner in the subject park property.

E. At the hearing:

1. The parties may offer any testimony, documents, written declarations or other evidence that is relevant to the subject of the hearing.

2. The parties may have assistance in presenting evidence, or in setting forth by argument their position, from an attorney or such other person as may be designated by the parties; provided, however, that each party may have only one such spokesperson at the hearing.

3. In the event either party should fail to appear, the hearing officer may hear and review such evidence as may be presented and make such decisions as if both parties were present.

4. All testimony shall be taken and all documentary evidence shall be submitted under penalty of perjury according to the laws of the state of California.

5. It need not be conducted according to the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible evidence shall be of the type of which responsible persons are accustomed to rely in the conduct of serious affairs. A full and fair hearing shall be accorded to the parties to the hearing.

6. The proceedings shall be recorded. Any party who desires that the proceedings be recorded stenographically shall make arrangements with the city clerk at least five days before the hearing. Any transcripts prepared by a reporter at the party's request shall be at his or her expense, and the original shall be filed with the city clerk. If the party makes a request for a transcript of the recording at the time of or after the hearing, he or she shall make arrangements to copy the official tape recording with the city clerk. All expenses incurred for the transcript will be borne by the requesting party.

7. Any person may be excluded during the hearing by the hearing officer if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings.

F. The hearing officer shall make a final decision within 10 days of the conclusion of the hearing. The written decision, including all applicable findings, shall be delivered to the city clerk who shall mail the decision of the hearing officer to all parties.

G. All mobilehome rent hearings shall be open to the public.

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H. Any decision of the hearing officer must be supported by a preponderance of the evidence.

I. The conclusion and findings of the hearing officer shall be final and binding on all parties, except as set forth in Section 5.68.080.

J. In the event that a final determination on the proposed rent increase is not made prior to the effective date of said increase pursuant to California Civil Code, Section 798.30, the requested increase shall, nevertheless, become temporarily effective at the option of the park owner. Should the election be made to have the temporary increase pursuant to this subsection, the full amount of the increase which is in excess of that permitted under Section

5.68.040, shall be placed in a segregated interest-bearing account and shall not be used for the benefit of either homeowner or park owner. Upon a final determination as to the proposed rent increase, the deposited moneys, including any accrued interest, shall be distributed to the respective parties entitled thereto within 10 days of said final determination.

K. Costs of the hearing shall initially be borne by the mobilehome park owner.

Fees for the hearing process shall be established by resolution from time to time by the city council to defray the costs to the city in administering this chapter, including any attorney's fees incurred by the city, and such fees shall be estimated by the city clerk based upon such resolution and shall be advanced upon demand by the city clerk. Any mobilehome park owner failing to post his or her fees for the hearing, including the fees above mentioned, shall be prohibited from participating in the proceedings.

L. The hearing officer shall determine the portions of costs to be paid by mobilehome park owner and homeowner(s) on the expenses of each hearing.

Hearing expenses shall not include attorney's fees incurred for proceedings or, in preparation of such proceedings, by the mobilehome park owner or by the homeowner(s). Hearing expenses shall be awarded on the basis of considering which party prevailed and the rationality of the request of each of the parties.

The determination as to how much of the expenses each of the parties shall pay based upon the criteria of this subsection, shall be in the sole discretion of the hearing officer.
§ 5.68.080. Finality and judicial review.

A. The written decision of the hearing officer shall be final and binding on the parties.

B. Any party aggrieved by a final decision under this chapter may seek judicial review in accordance with applicable law, including Code of Civil Procedure sections 1094.5 and 1094.6, if applicable.

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C. The filing of a request for judicial review shall not automatically stay the effectiveness of the decision unless otherwise ordered by a court of competent jurisdiction.
§ 5.68.090. Reserved.
§ 5.68.100. Increase upon sale or transfer.

A. The owner, operator or manager shall provide the purchaser of a mobilehome that will remain in the park at the time of such purchase with a copy of this chapter prior to the execution of a rental agreement with the purchaser for the space in the park whether the space or the park is subject to this rent review chapter or not. A park owner may charge a rent increase of $34.00 per month or seven percent of the rent in effect at the time of the transfer, whichever is greater, over the last monthly rental rate charged for a space, when ownership or occupancy of a mobilehome in the park is transferred, provided that:

1. Transfer of ownership or occupancy for purposes of this chapter shall not include transfers to the conservator, guardian or trustee of a homeowner, transfers to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowner's immediate family), transfers to a surviving spouse upon the death of the other spouse, interspousal transfers, or a transfer to the parent(s) or children of a homeowner.

2. Removal of a mobilehome from a park for purposes of this chapter shall not include removal of a mobilehome by a homeowner already residing in a park for the purpose of replacing a mobilehome with a new or different mobilehome.

3. After the increase provided in subsection A of this section has been charged, the rent for that space shall thereafter be subject to regulation under all the provisions of this chapter and no rent increases may be charged, collected or retained except as provided in this chapter. For the purposes of annual increase provided in Section 5.68.040, no such increase may be charged until 12 months after the increase permitted by this subsection.

4. A homeowner who intends to put a mobilehome up for sale may request a written statement from the park owner specifying the rent which will be charged the new homeowner. The mobilehome park owner shall provide that statement to the homeowner within 15 days of the request, which shall be deemed received by the mobilehome park owner upon the date of personal delivery to the park manager or owner or the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The statement from the mobilehome park owner shall be deemed received by the homeowner upon the date of personal

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delivery to the homeowner or upon the third day after deposit in the U.S. mail, certified or registered mail return receipt requested. The mobilehome park owner shall not impose any rent higher than that set forth in that statement to a new homeowner for 120 days after the date it is provided to the homeowner. If the homeowner has not sold the mobilehome before the commitment in that statement expires, the homeowner shall have the right to obtain subsequent written statements pursuant to this subsection.

B. No upward adjustment of rents shall be authorized by reason of increased interest or the expense resulting from the mobilehome park owner refinancing the mobilehome park if at the time owner refinanced, the mobilehome park owner could reasonably have foreseen that such increased expenses could not be covered by the rent schedule in existence except where such refinancing is reasonable, is needed for the owner to make capital improvements, or where such refinancing is required under the terms of the existing loan or mortgage.

A mobilehome park owner may negotiate with any applicable association for a passthrough for capital costs. If agreement cannot be reached, request to the city clerk for a hearing under Section 5.68.070 is allowed.

C. No upward adjustment of rents shall be authorized because of the mobilehome park owner's increased or other expenses resulting from a sale of the park, if at the time the mobilehome park owner acquired the park, the owner could have reasonably foreseen that such increased expenses would not be covered by the rent schedule then in effect. This subsection shall apply only to mobilehome parks acquired after the date of adoption of the ordinance codified in this chapter.
§ 5.68.110. Violation.

A. Any party aggrieved by the willful violation of any of the provisions of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any mobilehome park owner or his or her agent who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the homeowner from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of $500.00 or three times the amount by which the payment so demanded, accepted, received or retained exceeds the maximum lawful space rent, whichever is greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorneys' fees, and costs as determined by the court.

B. The fact of any willful violation of this chapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent.

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C. Any willful violation of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation.
§ 5.68.120. Termination.

The provisions of this chapter will continue in effect and shall be valid and binding upon all parties affected thereby until these provisions are amended or revoked by a legislative enactment of the city council of the city." Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance 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 Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance 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 5. Effective Date. This Ordinance shall become effective thirty (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 of Upland, pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this day of
2026.

Bill Velto, Mayor

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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 11th day of May, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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ORDINANCE NO. [***INSERT NO.***]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING CHAPTER 5.68 TO TITLE 5

OF THE UPLAND MUNICIPAL CODE REGARDING

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

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

Section 2. Chapter 5.68 is hereby added to Title 5 of the Upland Municipal Code to read in its entirety as follows:
"CHAPTER 5.68 MOBILEHOME RENT REVIEW
46708.00102\44928660.1

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§ 5.68.010. Purpose.

A. The provisions of this Chapter shall apply to any mobilehome park within the City unless otherwise exempt in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code§ 798 et seq.), as may be amended from time to time.

B. None of the provisions of this Chapter shall prohibit any Homeowner from entering into a written rental agreement with a Mobilehome Park Owner in accordance with applicable state law, including the Mobilehome Residency Law (Civil Code§ 798 et seq.), as may be amended from time to time.

C. If a homeowners' association exists within a mobilehome park, or if affected Homeowners designate a representative for purposes of this Chapter, notice required by the Chapter shall be provided to such association or designated representative in addition to any notice otherwise required to be provided to affected Homeowners individually.

D. The absence of a homeowners' association or designated Homeowner representative shall not impair the operation or enforceability of this Chapter. § 5.68.030. Definitions.

For the purpose of this Chapter, the words and phrases shall have the following meanings set forth below:
"Base rent" means lawful Space Rent in effect for a mobilehome space on the Effective Date of this Chapter, or, for a tenancy that becomes subject to this Chapter after the Effective Date, the lawful Space Rent in effect when the tenancy first becomes subject to this Chapter.
"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repair and that provide a benefit extending beyond routine upkeep.
"City" means the City of Upland.
46708.00102\44928660.1

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"City Manager" means the duly appointed City Manager of the City of Upland. "Consumer price index" means the consumer price index for all urban consumers (CPI-U) published for the Riverside-San Bernardino-Ontario Area, or any successor index published by the United States Department of Labor or other successor agency.

If such index is discontinued or substantially revised, the City may designate by resolution or administrative rule a substitute index or method that reasonably reflects changes in the cost of living.
"Hearing Officer" means a neutral decision maker appointed by the City to conduct hearings and decide requests for rent increases in excess of those otherwise permitted by this Chapter. The City may maintain a panel of qualified hearing officers or may appoint a hearing officer on an ad hoc basis.
"Homeowner" means any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof. "Homeowners' Association" or "Association" means a nonprofit unincorporated or incorporated association with membership open to all Homeowners of a particular park.
"Meet and Confer" means the informal process whereby Mobilehome Park Owners and Homeowners or designated representatives meet to discuss and resolve issues, including rent increases, prior to a hearing under this Chapter. "Mobilehome Park Owner" means the owner, lessor, operator or manager of a mobilehome park subject to this Chapter.
"Rent Administrator" means the City Manager, Development Services Director, the Housing Division, or such other City employee or designee as may be designated by the City to administer this Chapter.
"Space Rent" means the consideration, demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. Also excluded are costs for water, gas and electrical charges if the dwelling unit has individual usage meters and such charges are separately billed.
§ 5.68.040. Rules and Procedures.

A. The Rent Administrator is authorized to administer and implement this Chapter.

B. The Rent Administrator may adopt, amend, and rescind administrative rules, policies, forms, and procedures as necessary to carry out the purposes and provisions of this Chapter.
46708.00102\44928660.1

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C. Such rules, policies, forms, and procedures may include, but are not limited to, application requirements, notice forms, filing procedures, hearing procedures, and guidelines for the review of rent increase requests.

D. The Rent Administrator's rules and procedures shall be consistent with this Chapter and applicable law and shall not conflict with the provisions of this Chapter.

E. The City may make such rules, policies, forms, and procedures available to the public in a manner determined by the City.

F. The City Council may, by resolution, establish fees to recover the reasonable costs of administering this Chapter.
§ 5.68.050. Permissible Annual Rent Increase.

A. Annual CPI Rent Increase.

1. Basis of increase. On or after April 1, 2027, and on or after each April 1st of each year thereafter, a Mobilehome Park Owner may increase the Base Rent for a space by the greater of three percent (3%) or one hundred percent (100%) of the most recent CPI Annual January Change, provided, however, that in no event shall the permissible annual rent increase under this section exceed five percent (5%). In the event that the CPI Annual January Change is negative, no Base Rent decrease shall be required.

2. Limitation on frequency of CPI Rent Increase. A CPI Rent Increase shall not be imposed by a Mobilehome Park Owner for a Mobilehome Space more frequently than once during any twelve (12) month period.

B. Compliance with Mobilehome Residency Law. The Mobilehome Park Owner must also comply with any applicable requirements of the Mobilehome Residency Law or other applicable state law before implementing the CPI Rent Increase.
§ 5.68.060. Rental increases in excess of Chapter guidelines.

A Mobilehome Park Owner may request approval of a rent increase in excess of the guidelines permitted by this Chapter by filing an application with the City in accordance with Section 5.68.070.
§ 5.68.070. Request for additional rent increases.

A. Application and Notice.

1. In order to implement a rent increase in excess of the increase otherwise permitted by this Chapter, a Mobilehome Park Owner shall file an application with the City on a form prescribed by the City. 46708.00102\44928660.1

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2. The application shall include the existing and proposed rents for each space, the basis for the requested increase, and such supporting documentation as the City may require.

3. The Mobilehome Park Owner shall provide 90 days written notice of the proposed increase to each affected Homeowner in compliance with state law, as may be amended from time to time, and shall also provide notice that an application for approval of the increase has been filed with the City.

4. Proof of service of the notice required by this subsection shall be filed with the City concurrently with the application.

5. If a homeowners' association or designated Homeowner representative exists, the Mobilehome Park Owner shall also provide a copy of the notice and application materials to such association or representative.

B. Administrative Review and Meet and Confer.

1. Upon receipt of an application, the City shall review the application for completeness.

2. If the application is incomplete, the City shall notify the applicant of the deficiencies and may require the applicant to submit additional materials before the matter is set for hearing.

3. If the application is complete, the City may schedule a Meet and Confer session between the Mobilehome Park Owner and affected Homeowners, any association, or designated representatives, for the purpose of discussing the proposed increase and attempting to resolve or narrow the issues.

4. Any agreement reached through the Meet and Confer process shall be reduced to writing and filed with the City.

C. Hearing Officer; Hearing.

1. If the proposed increase is not resolved informally, the City shall set the matter for hearing before a Hearing Officer.

2. The City shall provide written notice of the date, time, and place of hearing to the applicant and affected Homeowners not less than 20 days before the hearing, unless a shorter period is agreed to by all affected parties and permitted by law.

3. Each party shall submit to the Hearing Officer and serve on the opposing party copies of all documents intended to be introduced at the hearing 46708.00102\44928660.1

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not less than seven days before the hearing, unless otherwise ordered by the Hearing Officer.

4. The Hearing Officer may grant reasonable continuances for good cause.

D. Standards for Review.

In determining whether a proposed rent increase in excess of the increase otherwise permitted by this Chapter should be approved, the Hearing Officer shall determine whether the increase is necessary to provide the Mobilehome Park Owner a just and reasonable return. The Hearing Officer shall base this determination on the following categories of evidence:

1. Operating Expenses. Changes in reasonable and necessary operating and maintenance expenses, including, but not limited to, costs for labor, materials, insurance, and property taxes, to the extent such costs are not otherwise recovered through existing rent or separate charges.

2. Utilities. Changes in utility costs paid by the Mobilehome Park Owner, to the extent such costs are not directly billed to or reimbursed by Homeowners.

3. Capital Improvements. The cost of capital improvements, including reasonable financing costs, amortized over the useful life of the improvement. Capital improvements shall not include ordinary maintenance or repair.

4. Service Levels. The extent to which the Mobilehome Park Owner has increased, decreased, or maintained the level and quality of housing services provided to Homeowners.

5. Timing of Prior Increases. The length of time since the last rent increase and the cumulative effect of prior increases.

6. Inflationary Factors. Changes in the Consumer Price Index or other objective measures of inflation relevant to the costs of operating the mobilehome park.

7. Other Relevant Financial Factors. Any other objectively verifiable financial factor directly affecting the Mobilehome Park Owner's ability to obtain a just and reasonable return, provided that such factor is supported by substantial evidence and is not otherwise excluded by this Chapter.

E. Hearing Procedures.

1. The hearing shall be open to the public.
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2. The parties may offer testimony, declarations, documents, and other relevant evidence.

3. The parties may be represented by counsel or another designated representative.

4. Formal rules of evidence shall not apply, but the Hearing Officer shall ensure a full and fair hearing.

5. The proceedings shall be recorded in a manner determined by the City.

6. Any person may be excluded during the hearing by the Hearing Officer if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings.

F. Decision.

1. The Hearing Officer shall issue a written decision, including findings, within ten days following the close of the hearing.

2. The decision shall be based on a preponderance of the evidence.

3. The written decision shall be served on the parties by the City.

G. Fees and Costs.

Each party shall bear its own costs and expenses incurred in connection with any proceeding under this Chapter, including, but not limited to, attorneys' fees, expert fees, and preparation costs, except as otherwise expressly provided by this Chapter or required by applicable law. § 5.68.080. Finality and judicial review.

A. The written decision of the Hearing Officer shall be final and binding on the parties.

B. Any party aggrieved by a final decision under this Chapter may seek judicial review in accordance with applicable law, including Code of Civil Procedure sections 1094.5 and 1094.6, if applicable.

A. The City may require Mobilehome Park Owners to register each mobilehome park and provide information necessary to administer this Chapter, including rent schedules, number of spaces, and contact information. 46708.00102\44928660.1

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B. The Rent Administrator may adopt forms, rules, and procedures to implement this Chapter.
§ 5.68.100. Increase upon sale or transfer.

A. Notice to Prospective Homeowner. The Mobilehome Park Owner shall provide a prospective purchaser of a mobilehome that will remain in the park with a copy of this Chapter prior to the execution of a rental agreement for the space.

B. Increase Upon Transfer. Upon a transfer of ownership or occupancy of a mobilehome in the park, the Mobilehome Park Owner may increase the Space Rent without regard to the provisions of this Chapter.

C. Excluded Transfers. A transfer of ownership or occupancy shall not include:

1. Transfers to a conservator, guardian, or trustee of a Homeowner;

2. Transfers to a Homeowner's trust, where the beneficiaries are members of the Homeowner's immediate family;

3. Transfers to a surviving spouse upon death;

4. Interspousal transfers; or

5. Transfers to a parent or child of a Homeowner.

D. Replacement of Mobilehome. Removal of a mobilehome for purposes of replacement by an existing Homeowner shall not constitute a transfer for purposes of this section.

E. Post-Transfer Regulation. After any increase permitted by this section, the space shall remain subject to all provisions of this Chapter. No additional rent increase may be imposed for that space for a period of 12 months following the effective date of the transfer increase.

F. Written Rent Statement. A Homeowner intending to sell a mobilehome may request a written statement from the Mobilehome Park Owner specifying the rent to be charged to a prospective purchaser. The Mobilehome Park Owner shall provide the statement within 15 days of the request. The Mobilehome Park Owner shall not impose a rent higher than that stated for a period of 120 days following issuance of the statement.

G. Increased Costs. No Base Rent increase shall be authorized solely on the basis of increased costs resulting from the refinancing, sale, transfer, or acquisition of a mobilehome park. However, such costs may be considered in support of a rent adjustment application under this Chapter upon a showing by the Mobilehome Park Owner that the costs were not reasonably foreseeable, 46708.00102\44928660.1

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cannot reasonably be absorbed under the existing rent structure, or that the refinancing was reasonably necessary to fund capital improvements, maintain or preserve the park, or satisfy existing loan obligations. § 5.68.110. Violation.

A. Any party aggrieved by the willful violation of any of the provisions of this Chapter may sue thereon and recover actual damages therefore, plus a civil penalty as provided herein. Any Mobilehome Park Owner or his or her agent who demands, accepts, receives or retains any payment of Space Rent in excess of the maximum lawful Space Rent, in violation of the provision of this Chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the homeowner from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of $500.00 or three times the amount by which the payment so demanded, accepted, received or retained exceeds the maximum lawful Space Rent, whichever is greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorneys' fees, and costs as determined by the court.

B. The fact of any willful violation of this Chapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent.

C. Any willful violation of this Chapter shall be an infraction and shall be subject to all applicable penalties or punishment available to the City, including, without limitation, those provided for in Chapter 1.16 of this Code. § 5.68.120. Termination.

The provisions of this Chapter will continue in effect and shall be valid and binding upon all parties affected thereby until these provisions are amended or revoked by a legislative enactment of the city council of the City." Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance 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 Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

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Upland City CouncilMay 11, 2026

Upland City Council
May 11, 2026