Agenda packet — Upland City Council, May 26, 2026 (part 2 of 4)

NUMBER OF PARCELS: 3 IN THE CITY OF UPLAND, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA SHEET 3 OF 3 SHEETS GROSS & NET AREA = 6.889 ACRES
PARCEL MAP NO . 20819
I BEING A SUBDIVISION OF PARCEL 1, PARCEL MAP NO. 3819, AS PER MAP FILED IN BOOK 37, PAGE 15 OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY.

DRG, INC. DATE OF SURVEY: DECEMBER 2023
r PARCEL DATA AND EASEMENTS
N1J ha-
C/L SINCLAIR AVE. t Lnui C/L LINDA WAY -C/L 8TH STREET
SCALE: =50' SURVEYOR'S NOTES:
0 25 50 1. BASIS OF BEARINGS: CENTERLINE OF SINCLAIR AVENUE BETWEEN 7TH STREET N89°56'29"E 648.26' - AND 8TH STREET, BEING NOO°00'23"E PER PARCEL MAP NO. 3819, P.M.B. 37/15. - 348.02' - _ 50.26' - - 52.62' - _ 197.36' - 2. • INDICATES FOUND MONUMENT AS NOTED. 0 89°56'06" - -450.90'- - 0=90°04'28" 3. 0 INDICATES 1"X30" I.P.OR SPIKE&WASHER OR LEAD&TACK,ALL TAGGED"'LS R=15.00' R=15.00' 1 I 9735", TO BE SET.

L=23.54' 10' 10' L=23.58' 4. ( )INDICATES RECORD DATA PER PARCEL MAP NO. 3819, P.M.B.37/15 E2 - - 20' 5. [ ] INDICATES RECORD DATA PER TRACT NO.8380, M.B. 111/59-61

6.{ }INDICATES RECORD DATA PER TRACT NO. 7042, M.B. 89/69-70 Co 7. INDICATES RECORD DATA PER RECORD OF SURVEY 2018-0186, R.S.B. 165/64-80 o
--NI-301-0- 50' 8. C.R. CORNER RECORD

9. CITY CITY OF UPLAND
PARCEL 2 10. EST. ESTABLISHED
2'-..-] El 0 35,030 SQ. FT. Co
0 11. INT. INTERSECTION
o

12. L&T LEAD AND TACK
o
o z 13. P PRORATED
Ls)

14.SNF SEARCHED, NOTHING FOUND
w 15. INDICATES SUBDIVISION BOUNDARY ti 16. INDICATES CENTERLINE
rn o 17. INDICATES EXISTING PARCEL LINE in N o z 18. INDICATES NEW PARCEL LINE z w z I I in 19. INDICATES RIGHT OF WAY LINE inM b. _ID > 20.- INDICATES EASEMENT LINE > o - N90°00'00"W 212.33' z o Q
z N. I-
SIGNATURE OMISSIONS:

U Pmmco D PURSUANT TO THE PROVISIONS OF SECTION 66436(a)3(a)(i-iii)OF THE SUBDIVISION MAP Z o ACT,THE SIGNATURES OF THE FOLLOWING EASEMENT HOLDERS HAVE BEEN OMITTED, J o PARCEL 1 1� _1 AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID 0 Z 5.332 AC. "1-.
0 SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. w ti V
El SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC o w UTILITIES PER DOCUMENT RECORDED OCTOBER 03, 1951, IN BOOK 2832, PAGE 412, CVLri
CV
o N89°33'37"E ti OF OFFICIAL RECORDS. PLOTTED HEREON.

ZIP-- 50.00' 11
o E2 CITY OF UPLAND, HOLDER OF AN EASEMENT FOR WATERLINES PER PARCEL MAP N89°48'07"W 100.18' \ z NO. 3819 FILED IN BOOK 37, PAGE 15, OF PARCEL MAPS.

SAID EASEMENT WAS REALIGNED BY A CERTIFICATE OF CORRECTION RECORDED 1 DECEMBER 28, 1977, IN BOOK 9334, PAGE 1368, OF OFFICIAL RECORDS. PLOTTED E2 HEREON.
1 E4 �5'
o E3 LONGS DRUG STORES CALIFORNIA, L.C.C.,A CALIFORNIA LIMITED LIABILITY o y "'/I o COMPANY(AS SUCCESSOR IN INTEREST TO LONGS DRUG STORES CALIFORNIA, �30'� 0 1 I\�� 6' INC.)AND CAL-PERL UPLAND 5, L.P.,A DELAWARE PARTNERSHIP(AS SUCCESSOR IN w N89°59 37 W 30.00' w INTEREST TO DMP PROPERTIES,A SOLE PROPIERTORSHIP), HOLDERS OF E2�-►{ 20' "' RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS RUNNING WITH THE C/L MAXWELL STREET - - 10' 10' N o LAND PER DOCUMENT RECORDED DECEMBER 28, 1977, IN BOOK 9334, PAGE 1377, _ 10' 10� N00°00'23"E 15.53' o ® 20' o OF OFFICIAL RECORDS.

59.00' - z PARCEL 3 Z *- \/ N89°58'21"W 230.25' -�� o AND RE-RECORDED DECEMBER 28, 1977, IN BOOK 9334, PAGE 1464, OF OFFICIAL 32,784 SQ. FT. o RECORDS.
i ti v AND MODIFIED BY DOCUMENT RECORDED DECEMBER 28, 1977, IN BOOK 9334, PAGE - N89°58'31"E 129.71' -� w o co `" 1473, OF OFFICIAL RECORDS.
"' z AND MODIFIED BY DOCUMENT RECORDED OCTOBER 11, 1978, IN BOOK 9536, PAGE 0 1837, OF OFFICIAL RECORDS.
0 o AND MODIFIED BY DOCUMENT RECORDED JULY 25,2002,AS INSTRUMENT NO. 0 Z 1 2002-0385195, OF OFFICIAL RECORDS. 70)
AND MODIFIED BY DOCUMENT RECORDED MAY 17,2022,AS INSTRUMENT NO. 0 50' 2022-0183677, OF OFFICIAL RECORDS.

CDSAID EASEMENTS ARE BLANKET IN NATURE AND CANNOT BE PLOTTED. z E5
r E4 GENERAL TELEPHONE COMPANY OF CALIFORNIA,A CORPORATION, HOLDER OF AN I / 75.00' EASEMENT FOR PUBLIC UTILITIES PER DOCUMENT RECORDED NOVEMBER 28, 1978, �- 168.05' 149.89' / IN BOOK 9568, PAGE 1869,OF OFFICIAL RECORDS. PLOTTED HEREON.

N89°59'34" 17.95'
ca E5 CITY OF UPLAND, HOLDER OF AN EASEMENT FOR THE INSTALLATION,OPERATION,

MAINTENANCE, REPAIR,AND REPLACEMENT OF TRAFFIC CONTROL DEVICES PER DOCUMENT RECORDED MAY 09, 1988,
AS INSTRUMENT NO.88-144987, OF OFFICIAL RECORDS. PLOTTED HEREON.

Page 118 of 480 ends

SUBDIVISION AGREEMENT
Parcel Map Number 20819
THIS AGREEMENT is entered into as of this day of 20 by and between DMP 8th Street, LLC (hereinafter referred to as "Subdivider") and the CITY OF UPLAND, a municipal corporation (hereinafter referred to as the "City").

A. Recitals
(i) The City approved a Tentative Parcel Map pursuant to the California Subdivision Map Act as set forth in California Government Code Section 66410 et. seq. ("Map Act") identified as Tentative Parcel Number 20819 in the City of Upland, State of California; and
(ii) Subdivider seeks approval of a Final Map under the Map Act identified as Final Parcel Map Number 20819 ; and (iii) Subdivider and the City are concurrently entering into that certain Agreement for Cash in Lieu of Construction of Off-Site Public Improvements (the "In Lieu Agreement").

B. Agreement
It is agreed by and between the parties hereto as follows:

1. In consideration of the City's approval of and filing Tentative Subdivision Parcel Map Number 20819 and Final Parcel Number 20819 , Subdivider undertakes and agrees that it will, at Subdivider's sole cost and expense, design, construct and install all the improvements in accordance with the plans, specifications on file with the City, incorporated herein and made a part hereof, and including all conditions of approval required by the Planning Commission and City Council of the City of Upland, other than the "Improvements" identified in the In Lieu Agreement (hereinafter, the "Improvements").

2. Subdivider also undertakes and agrees upon the same consideration to design, construct and install or cause to be designed, constructed and installed, all improvements in accordance with the ordinances and regulations of the City, and to do all other and further acts required of it pursuant to this Agreement (other than the Improvements identified in the In Lieu Agreement).

3. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Parcel with respect to such improvements (other than the Improvements identified in the In Lieu Agreement).

4. Subdivider agrees to enter into the separate In Lieu Agreement for off-site Improvements that will be binding upon the parties.

5. Subdivider undertakes and agrees that all of the work of improvement not covered by the In Lieu Agreement shall be completed within three hundred sixty five (365) days from the date of execution of this Agreement.

6. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable to the City for the reasonable cost of any work or improvements not completed or improperly done or performed. In the event of any such failure, the City shall give to Subdivider written notice thereof.

Unless the work or improvements covered by said notice, including defective work

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Revised: May 11, 20-rage 119 of 480

and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, the City may at its option:
a) Collect from Subdivider the reasonable estimated cost of the work and improvements not so done and performed by Subdivider, and complete said work and improvements; or
b) The City may complete said work and improvements not so completed by Subdivider, and thereafter Subdivider shall reimburse the City for the reasonable costs and expenses incurred by the City in completing said work and improvements.

The City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon the City. In either event, there shall be included in said "costs and expenses," the reasonable overhead expenses of the City. In addition to the foregoing, Subdivider shall be liable to the City for reasonable attorneys' fees and court costs incurred by the City in enforcing the obligations of Subdivider under this Agreement.

7. All slope banks over three (3) feet in vertical height within said Parcel Map shall be landscaped with landscaping approved by the City Engineer. Sprinklers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan approved by the City Engineer, with sprinkler turn-ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part. This Section 7 shall not apply to the extent any of the work and improvements in this paragraph are Improvements pursuant to the In Lieu Agreement.

8. Subdivider shall, at its sole cost and expense, secure and furnish to the City, bonds in a form approved by the City, executed by a corporation authorized to transact surety business within the State of California, of deposits, for the following amounts and purposes:
(a) Deleted [See In Lieu Agreement].
(b) A cash deposit in the amount of $ 10,000 securing the setting of monuments.

9. Acceptance of any work or improvements by the City shall not constitute an acknowledgment by the City that the same are properly done or performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by the City. This paragraph 9 shall not apply to the Improvements identified in the In Lieu Agreement.

10. Deleted.

11. Except to the extent of the negligence of City, its elected officials, officers agents and employees, Subdivider hereby agrees to indemnify, defend and hold harmless, the City, its elected officials, officers, agents and employees from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, costs, expenses or damages to property or injuries to or death of any person or persons, including attorneys fees and all other claims, whether groundless or not, arising out of or related to the negligence or misconduct of Subdivider, its officers, agents, employees, consultants, or subcontractors in connection with performing labor, transporting and/or supplying material, designing, constructing or installing

Page 2 of 3 ends

Revised: May 11, zo-rage 120 of 480

the improvements contemplated in this Subdivision Agreement to be completed by Subdivider.

12. All notices to Subdivider may be sent to DMP 8th Street 250 Newport Center Drive, Suite 300, Newport Beach, California, 92660 or at such other address of which the City shall actually receive notice in writing specifically calling attention to this Agreement.

13. In the event of any conflict between any of the terms and provisions of this Agreement and the terms and any of the terms and provisions of the In Lieu Agreement, the terms and provisions of the In Lieu Agreement shall apply.

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

DMP 8th Street, LLC
BY
BY
CITY OF UPLAND, a municipal Corporation
BY
Michael Blay, City Manager
ATTEST
Keri Johnson, City Clerk

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Revised: May 11, zo-rage 121 of 480

o' OrA

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
G+9t1q S
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract (collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

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

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

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

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):

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):
f&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 t your proposal or application. 121ZoZlo
Date Signature of authorized individual
t c ?Cop '-V-141
Company/Applicant Name
M cwrk A. Fey- , wM-ef-
0_s rnD-v-Lacy.ar
(Levine Act definitions on reverse side)

Page 122 of 480 ends

, °v °p`q� cITFUP LAND
oid "The City of Gracious Living"
DATE: May 26,2026
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 JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR—OPERATIONS

TANYA GARCIA,MANAGEMENT ANALYST, SOLID WASTE
SUBJECT: NOTICE OF ANNUAL SOLID WASTE RATE ADJUSTMENT RECOMMENDED ACTION:

It is recommended that the City Council receive and file notice of the Fiscal Year 2026/27 Solid Waste Service Rates as presented in Exhibit M of the Agreement with Burrtec Waste Industries;and direct staff to complete and report on a comprehensive analysis of rates to ensure appropriate cost allocation and long-term fiscal sustainability of the Solid Waste Enterprise Fund.

GOAL STATEMENT
The proposed action supports the City's goal of providing reliable, compliant, and transparent solid waste services, while ensuring appropriate cost recovery for services provided by the City's hauler.

BACKGROUND
The City's Solid Waste Division is responsible for managing and overseeing the collection,disposal,and recycling of solid waste within the City's jurisdiction. As an Enterprise Fund, the City establishes solid waste program rates designed to generate sufficient revenue to support the Solid Waste Enterprise Fund's operations,debt service,capital investments,and reserves necessary to meet program requirements.

These rates serve a multifaceted purpose. First and foremost,they are structured to cover the day-to-day operational costs of collecting, processing, transporting, disposal, and reporting of solid waste in a responsible manner.

Additionally,they fund service fees paid to the City's contracted waste hauler,Burrtec Waste Industries,Inc.(Burrtec), for special program services.

In 2022,the City Council adopted a new rate methodology and Proposition 218-compliant solid waste rate structure, which is valid for a five-year term through Fiscal Year 2026/27.As part of the franchise agreement with Burrtec,solid waste service rates are updated annually through Exhibit M and are authorized by the previously approved amended and restated agreement.

These rates include standard, non-standard, and optional services provided by Burrtec, such as regular collection services, additional bin services, bulky item pickup, temporary roll-off containers, and other customer-requested services that fall outside of the scope of base residential or commercial collection.

Each March, as required by the amended and restated agreement, Burrtec submits a letter to the City outlining the annual Consumer Price Index(CPI)adjustment.Burrtec has completed this requirement for Fiscal Year 2026/27,and the submitted CPI increase forms the basis for the rate adjustments included in this year's Exhibit M.

ISSUES AND ANALYSIS
The annual adoption of Exhibit M is an administrative function that reflects cost adjustments to Burrtec's services in accordance with the previously approved rate methodology.Under the terms of the agreement and in conjunction with the previously approved Proposition 218 notice rate structure,Burrtec may request annual adjustments to service fees based upon the Consumer Price Index (CPI), All Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area,as determined by the United States Department of Labor Statistics but shall not exceed four percent (4%). Disposal and processing costs are treated as pass-through fees and are adjusted based upon actual third-party

Page 123 of 480 ends

costs.Burrtec has submitted the required documentation supporting the adjustment for CPI to the service component of the fees as well as actual pass-through costs for the disposal and processing fees in accordance with the agreement.

The proposed rates, which include a 3.28% increase on the service component, will become effective July 1, 2026, and will remain in effect for one year.Adoption of Exhibit M does not modify the underlying rate structure previously approved by the City Council and only implements the annual actual pass-through costs for disposal and processing fees and CPI on the service component of the rate as required under the agreement.

While the CPI adjustment supports ongoing cost recovery, preliminary analysis indicates that the Fund may not be fully capturing all program-related costs. The Solid Waste Enterprise Fund (Fund), like other enterprise funds, is intended to be self-supporting and fully recover and pay for its costs towards City operations.As part of a preliminary review of the Fund,staff identified that the Solid Waste program may not be fully allocating its fair share of costs and that the General Fund may be subsidizing the Fund significantly. Staff are recommending direction to complete a comprehensive rate analysis and return to City Council with options to ensure appropriate cost allocation and long- term fiscal sustainability.

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
The proposed rates will result in an increase in Solid Waste Enterprise Fund revenues beginning July 1, 2026, equal to the actual pass-through costs for disposal and processing fees. In addition,revenue will increase by 3.28%on the service component,consistent with the increase in CPI as authorized under the agreement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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CITY OF UPLAND

RATE INCREASE NOTICE
7/1/2025 2026 7/1/2025 2026
Service Type Rates Rates Service Type Rates Rates Residential Service Multi-Family I Residential Bin Trash w/Bulky Item Program 35-gallon trash barrel $ 28.09 $ 30.36 Size Freq 65-gallon trash barrel $ 33.70 $ 36.42 1 1 $ 117.81 $ 122.63 95-gallon trash barrel $ 39.54 $ 42.61 1.5 1 $ 143.73 $ 149.31 Extra 35-gallon trash $ 12.14 $ 12.91 2 1 $ 169.92 $ 176.27 Extra 65-gallon trash $ 14.04 $ 15.10 2 2 $ 324.16 $ 336.15 Extra 95-gallon trash $ 16.12 $ 17.35 2 3 $ 478.36 $ 495.90 Extra pick-up-barrel $ 23.39 $ 24.52 2 4 $ 627.01 $ 649.89 Temporary Bins(7 day usage) $ 177.57 $ 186.02 2 5 $ 779.83 $ 808.26 Temporary Bin-Extra Empty $ 177.57 $ 186.02 2 6 $ 898.70 $ 930.94 3 1 $ 232.65 $ 241.08
3 2 $ 449.54 $ 465.65
3 3 $ 666.48 $ 690.30
Commercial Bin Trash Service 3 4 $ 883.42 $ 914.91 Size Freq 3 5 $1,100.39 $ 1,139.51 1 1 $ 110.62 $ 115.18 3 6 $1,317.26 $ 1,364.03

1.5 1 $ 132.94 $ 138.13 4 1 $ 295.26 $ 305.79 2 1 $ 155.53 $ 161.36 4 2 $ 574.92 $ 595.18 2 2 $ 295.39 $ 306.34 4 3 $ 854.57 $ 884.59 2 3 $ 435.20 $ 451.18 4 4 $1,134.13 $ 1,173.89 2 4 $ 569.46 $ 590.26 4 5 $1,413.72 $ 1,463.24 2 5 $ 707.90 $ 733.73 4 6 $1,693.31 $ 1,752.56 2 6 $ 812.38 $ 841.50 5 1 $ 358.00 $ 370.61 3 1 $ 211.07 $ 218.72 5 2 $ 700.29 $ 724.71 3 2 $ 406.38 $ 420.93 5 3 $1,042.58 $ 1,078.83 3 3 $ 601.74 $ 623.22 5 4 $1,384.88 $ 1,432.95 3 4 $ 797.10 $ 825.47 5 5 $1,727.13 $ 1,787.06 3 5 $ 992.49 $ 1,027.71 5 6 $2,069.43 $ 2,141.14 3 6 $ 1,187.78 $ 1,229.87 6 1 $ 420.66 $ 435.33 4 1 $ 266.49 $ 275.98 6 2 $ 825.63 $ 854.21 4 2 $ 517.37 $ 535.55 6 3 $1,230.53 $ 1,273.01 4 3 $ 768.25 $ 795.15 6 4 $1,635.47 $ 1,691.86 4 4 $ 1,019.04 $ 1,054.64 6 5 $2,040.42 $ 2,110.70 4 5 $ 1,269.85 $ 1,314.17 6 6 $2,445.41 $ 2,529.60 4 6 $ 1,520.67 $ 1,573.68
5 1 $ 322.03 $ 333.34 Commercial Compactor Trash Service 5 2 $ 628.36 $ 650.18 3 1 $ 378.01 $ 390.16 5 3 $ 934.68 $ 967.03 3 2 $ 740.54 $ 764.07 5 4 $ 1,241.01 $ 1,283.88 3 3 $1,103.06 $ 1,137.96 5 5 $ 1,547.30 $ 1,600.73 3 4 $1,465.60 $ 1,511.90 5 6 $ 1,853.63 $ 1,917.54 3 5 $1,828.14 $ 1,885.81 6 1 $ 377.50 $ 390.61 3 6 $2,190.66 $ 2,259.71 6 2 $ 739.31 $ 764.77 4 1 $ 494.58 $ 510.30 6 3 $ 1,101.05 $ 1,138.85 4 2 $ 973.43 $ 1,004.05 6 4 $ 1,462.83 $ 1,512.98 4 3 $1,452.35 $ 1,497.89 6 5 $ 1,824.62 $ 1,887.10 4 4 $1,910.90 $ 1,970.48 6 6 $ 2,186.45 $ 2,261.28 4 5 $2,384.70 $ 2,459.01 4 6 $2,858.55 $ 2,947.56
Commercial Barrel Trash Service
65-gallon trash barrel $ 33.70 $ 36.42 Commercial Food Waste Service-Stand Alone 95-gallon trash barrel $ 39.54 $ 42.61 Size Freq Exchange bbl(first free) $ 23.63 $ 24.81 2 1 $ 293.50 $ 303.15 Extra pick-up-barrel $ 23.39 $ 24.52 2 2 $ 538.57 $ 555.44 2 3 $ 768.02 $ 791.36
Commercial Recycling Bin Service(Extras) 2 4 $ 997.70 $ 1,027.52 Size Freq 2 5 $1,258.16 $ 1,295.97 2 1 $ 106.86 $ 113.55 2 6 $1,456.61 $ 1,499.32 2 2 $ 198.06 $ 210.71 35-gallon Barrel 1 $ 58.49 $ 60.77 2 3 $ 289.20 $ 307.74 35-gallon Barrel 2 $ 103.62 $ 107.50 2 4 $ 374.80 $ 399.00 35-gallon Barrel 3 $ 144.32 $ 149.58 2 5 $ 464.58 $ 494.65 35-gallon Barrel 4 $ 184.90 $ 191.58 2 6 $ 520.39 $ 554.61 35-gallon Barrel 5 $ 234.27 $ 242.76 3 1 $ 138.07 $ 147.00 35-gallon Barrel 6 $ 266.08 $ 275.57 3 2 $ 260.38 $ 277.49 65-gallon Barrel 1 $ 73.49 $ 76.07 3 3 $ 382.75 $ 408.05 65-gallon Barrel 2 $ 134.19 $ 138.70 3 4 $ 505.11 $ 538.58 65-gallon Barrel 3 $ 190.74 $ 196.99 3 5 $ 627.50 $ 669.10 65-gallon Barrel 4 $ 247.12 $ 255.08 3 6 $ 749.79 $ 799.54 65-gallon Barrel 5 $ 311.79 $ 321.89 4 1 $ 169.16 $ 180.35 65-gallon Barrel 6 $ 360.11 $ 371.56 4 2 $ 322.71 $ 344.29
4 3 $ 476.26 $ 508.26
4 4 $ 629.72 $ 672.12
4 5 $ 783.19 $ 836.02
4 6 $ 936.69 $ 999.90

Page 125 of 480 ends

CITY OF UPLAND

RATE INCREASE NOTICE
7/1/2025 2026 7/1/2025 2026
Service Type Rates Rates Service Type Rates Rates Commercial/Multi-Family Green Waste Bin Service Miscellaneous Charges Size Freq Pull-out(0-25 ft)-All services N/C N/C 35-gallon Barrel 1 $ 23.89 $ 24.72 Pull-out(26-50 ft)-1 x Week $ 21.20 $ 21.90 35-gallon Barrel 2 $ 44.01 $ 45.52 Pull-out(26-50 ft)-2 x Week $ 27.25 $ 28.14 35-gallon Barrel 3 $ 64.12 $ 66.27 Pull-out(26-50 ft)-3 x Week $ 32.92 $ 34.00 35-gallon Barrel 4 $ 84.23 $ 87.08 Pull-out(26-50 ft)-4 x Week $ 39.38 $ 40.67 35-gallon Barrel 5 $ 104.36 $ 107.88 Pull-out(26-50 ft)-5 x Week $ 45.43 $ 46.92 35-gallon Barrel 6 $ 124.48 $ 128.66 Pull-out(26-50 ft)-6 x Week $ 51.48 $ 53.17 65-gallon Barrel 1 $ 28.34 $ 29.11 Pull-out(51-75 ft)-1 x Week $ 24.22 $ 25.01 65-gallon Barrel 2 $ 52.81 $ 54.15 Pull-out(51-75 ft)-2 x Week $ 33.31 $ 34.40 65-gallon Barrel 3 $ 77.27 $ 79.24 Pull-out(51-75 ft)-3 x Week $ 42.40 $ 43.79 65-gallon Barrel 4 $ 101.74 $ 104.29 Pull-out(51-75 ft)-4 x Week $ 51.48 $ 53.17 65-gallon Barrel 5 $ 126.23 $ 129.34 Pull-out(51-75 ft)-5 x Week $ 60.56 $ 62.55 65-gallon Barrel 6 $ 150.68 $ 154.40 Pull-out(51-75 ft)-6 x Week $ 69.65 $ 71.93 95-gallon Barrel 1 $ 35.79 $ 36.28 Pull-out(76-100 ft)-1 x Week $ 27.25 $ 28.14 95-gallon Barrel 2 $ 71.59 $ 72.56 Pull-out(76-100 ft)-2 x Week $ 39.38 $ 40.67 95-gallon Barrel 3 $ 107.38 $ 108.86 Pull-out(76-100 ft)-3 x Week $ 51.48 $ 53.17 95-gallon Barrel 4 $ 143.17 $ 145.14 Pull-out(76-100 ft)-4 x Week $ 63.58 $ 65.67 95-gallon Barrel 5 $ 178.96 $ 181.42 Pull-out(76-100 ft)-5 x Week $ 75.73 $ 78.21 95-gallon Barrel 6 $ 214.76 $ 217.70 Pull-out(76-100 ft)-6 x Week $ 85.61 $ 88.42 2 1 $ 124.15 $ 126.47 Pull-out(101-125 ft) -1 x Week $ 30.27 $ 31.26 2 2 $ 232.57 $ 236.44 Pull-out(101-125 ft) -2 x Week $ 45.43 $ 46.92 2 3 $ 341.02 $ 346.40 Pull-out(101-125 ft) -3 x Week $ 60.56 $ 62.55 2 4 $ 449.47 $ 456.38 Pull-out(101-125 ft) -4 x Week $ 75.73 $ 78.21 2 5 $ 557.86 $ 566.33 Pull-out(101-125 ft) -5 x Week $ 90.84 $ 93.82 2 6 $ 666.31 $ 676.29 Pull-out(101-125 ft) -6 x Week $ 105.99 $ 109.47 3 1 $ 163.97 $ 166.33 Pull-out(126-150 ft) -1 x Week $ 33.31 $ 34.40 3 2 $ 312.21 $ 316.14 Pull-out(126-150 ft) -2 x Week $ 51.48 $ 53.17 3 3 $ 460.45 $ 465.98 Pull-out(126-150 ft) -3 x Week $ 69.65 $ 71.93 3 4 $ 608.67 $ 615.81 Pull-out(126-150 ft) -4 x Week $ 87.83 $ 90.71 3 5 $ 756.97 $ 765.67 Pull-out(126-150 ft) -5 x Week $ 105.99 $ 109.47 3 6 $ 905.21 $ 915.50 Pull-out(126-150 ft) -6 x Week $ 124.16 $ 128.23 4 1 $ 203.74 $ 206.14 Pull-out(over 150 ft) -1 x Week $ 36.33 $ 37.52 4 2 $ 391.77 $ 395.81 Pull-out(over 150 ft) -2 x Week $ 57.51 $ 59.40 4 3 $ 579.79 $ 585.49 Pull-out(over 150 ft) -3 x Week $ 78.73 $ 81.31 4 4 $ 767.85 $ 775.18 Pull-out(over 150 ft) -4 x Week $ 99.94 $ 103.22 4 5 $ 955.89 $ 964.86 Pull-out(over 150 ft) -5 x Week $ 121.14 $ 125.11 4 6 $ 1,143.90 $ 1,154.50 Pull-out(over 150 ft) -6 x Week $ 142.32 $ 146.99 Multi-Family/Residential Mixed Organics Other Miscellaneous Charges Size Freq
15-gallon Barrel 1 $ 34.44 $ 35.68 -Barrel Replacement Comml $ 98.71 $ 103.46 15-gallon Barrel 2 $ 56.18 $ 58.23 lost or stolen 15-gallon Barrel 3 $ 73.76 $ 76.50 -Bin Exchange(first Exchange free) $ 114.59 $ 120.10 15-gallon Barrel 4 $ 91.69 $ 95.12 charge does not apply to graffiti or 15-gallon Barrel 5 $ 117.61 $ 122.00 damaged bins 15-gallon Barrel 6 $ 126.99 $ 131.80
35-gallon Barrel 1 $ 35.75 $ 37.17 Contamination Fee:
35-gallon Barrel 2 $ 58.71 $ 61.13 -Commercial Barrels $ 35.16 $ 36.88 35-gallon Barrel 3 $ 77.48 $ 80.76 -All Bins $ 85.30 $ 89.38 35-gallon Barrel 4 $ 96.63 $ 100.79
35-gallon Barrel 5 $ 123.76 $ 129.05 Steam Cleaning $ 66.14 $ 69.43 35-gallon Barrel 6 $ 134.36 $ 140.26 Bulky Charge per Item(RO/Comm Only) $ 19.61 $ 20.58 65-gallon Barrel 1 $ 37.65 $ 39.35 Bulky Item Trip Charge(RO/Comm Only) $ 52.27 $ 54.86 65-gallon Barrel 2 $ 62.43 $ 65.40 Steam Cleaning-Compactor $ 228.61 $ 239.95 65-gallon Barrel 3 $ 83.02 $ 87.13 Dump and Destroy Fee $ 135.90 $ 142.68 65-gallon Barrel 4 $ 104.00 $ 109.24 Extra pick-up-bin $ 85.30 $ 89.38 65-gallon Barrel 5 $ 132.94 $ 139.60 Extra pick-up-compactor bin $ 157.16 $ 164.45 65-gallon Barrel 6 $ 145.37 $ 152.90 Extra pick-up-G/W bin $ 49.16 $ 51.62 95-gallon Barrel 1 $ 39.55 $ 41.53 Extra pick-up-FM/bin $ 110.77 $ 116.12 95-gallon Barrel 2 $ 66.16 $ 69.67 Extra pick-up-F/W barrel $ 35.16 $ 36.88 95-gallon Barrel 3 $ 88.57 $ 93.50 Tilt-Hopper $ 54.71 $ 57.42 95-gallon Barrel 4 $ 111.37 $ 117.71 Temporary bin(7 day usage) $ 177.57 $ 186.02 95-gallon Barrel 5 $ 142.13 $ 150.16 Temporary bin-extra empty $ 177.57 $ 186.02 95-gallon Barrel 6 $ 156.37 $ 165.54 Locking bin $ 18.89 $ 19.79 Scout Service $ 187.47 $ 193.62
Roll-Off Refuse
40 yd compactor-trash 8 Tons $ 1,194.68 $ 1,233.45 40 yd roll-off box-trash 6 Tons $ 964.18 $ 996.60 20 yd roll-off box-trash 6 Tons $ 964.18 $ 996.60 Residential Barrel Walkup Fee-physically challenged N/C N/C 40 yd roll-off box-trash 6 Tons with $ 1,025.43 $ 1,055.18 Retractable Lid
Roll-Off Recylinp Materials Service+Actual Disposal Downtown Sidewalk Pressure Wash(Monthly) $2,573.46 $ 2,640.63 Demo box-Inerts Clean(Service+Disposal) $ 413.33 $ 431.61 Downtown Parklets Pressure Wash(per service) $ 445.84 $ 457.48 C&D box(Service+Disposal) $ 613.77 $ 638.62 Bathroom Pressure Wash(all parks,hourly rate) $ 186.24 $ 191.11 Rolloff 40-Y Recyc.(6 tons max)(Service+Disposal) $ 277.41 $ 291.19 Bin Pressure Wash(each) $ 84.66 $ 86.87 Rolloff 40-Y Comp Recyc.(8 tons max)(Service+Disposal) $ 280.65 $ 294.61 Pressure Wash(additional,4 hr min;per hr) $ 174.96 $ 179.52 Rolloff 40-Y Greenwaste(6 tons max)(Service+Disposal) $ 278.92 $ 292.79 Power Wash(City Hall/Library)(4 hr min;per hour) $ 186.25 $ 191.12 40 yd roll-off box-clean wood/green(Service+Disposal) $ 521.19 $ 543.01 Day Porter Service(4 hr min;per hour) $ 73.37 $ 75.29 Dry run charge $ 80.98 $ 85.02 Power Sweeping per Curb Miles $ 37.03 $ 38.00 Receiver Rental $ 289.41 $ 303.78 Pacific Electric Trail Sweeping(once per quarter) $1,718.75 $ 1,763.61 Daily roll-off rental $ 39.64 $ 41.61
End Dump-Hourly Rate(Service+Disposal) $ 197.82 $ 207.66 40 cy retractable lid box monthly rental(Service+Disposal) $ 275.63 $ 284.67 40 cy green waste box with lid cust owned(Service+Disposal) $ 280.65 $ 294.61

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NOTICE
City of Upland Residential and Commercial Annual Solid Waste Rate Adjustment The City's agreement with Burrtec Waste Industries (Burrtec) for Solid Waste Collection Service provides for annual adjustments to the solid waste rates. The annual rate adjustment is calculated based on a formula documented within the agreement that includes a service component, as well as disposal and material processing costs, and program cost fees. The service component of the rate shall be adjusted based upon the annual percentage change in the Consumer Price Index (CPI), All Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area, as determined by the United States Department of Labor Statistics but shall not exceed 4%. Disposal and material processing cost increases are pass through fees.

The Annual Average CPI for the January through December period immediately preceding the effective date of this rate adjustment is 3.28%. The new rates will take effect on July 1 , 2026.

If you have any questions regarding this notice, please contact Burrtec Customer Service at (909) 949-0500 or the City of Upland Solid Waste Division at (909) 291-2967. On behalf of the City of Upland and Burrtec, we appreciate your understanding and support.

B URR TEC
"We'll Take Care Of It"
Signatui a Date

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BURRTEC
WASTE INDUSTRIES, INC.
"We'll Take Care Of It"
March 20, 2026
Mr. Michael Blay
City Manager
City of Upland
460 N. Euclid Ave.

Upland, CA 91786
Re: 2026 Annual Refuse Rate Adjustment
Mr. Blay,
Burrtec Waste Industries is respectfully requesting the 2026/2027 Annual Automatic Fee Adjustment as per Article 10.08 of the Amended and Restated Agreement Between the City of Upland and Burrtec Waste Industries Inc., for Solid Waste Collection, Processing and Disposal Services. As per my discussions with city staff, a 30-day extension of the Rate Adjustment Request due date was granted, as we continue to work through rate adjustment scenarios.

Attached, please find the complete rate schedule and spreadsheets for this year's standard adjustment.

The overall percentage change in CPI for the January to December period immediately preceding this year's rate adjustment was 3.28%. As requested, these adjustments do not include contracted costs for the barrel and bin cleaning program. These costs will need to be factored into the billing program once final rate adjustments are made.

As per the Agreement,the percentage change in CPI cannot exceed the 5% maximum annual adjustment as it pertains to the Service Component and Program Cost Component of the collection rates. This CPI cap may need to be increased regarding Program Cost Component modifications. The rate adjustments for this year will become effective July 1, 2026.

On behalf of Burrtec Waste Industries, we thank you and the City for your continued support and the opportunity to serve the City of Upland. We look forward to discussing these adjustments in greater detail at your earliest convenience. If there are any questions or concerns, please do not hesitate to contact me.
7 Sincerely y,
Mich I Arreguin "'
Vice President --
CC: Damien Arrula
Public Works Director
9890 Cherry Avenue • Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290

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��°� °p`q� CITY
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ltiriiVO
''' 5
oid
DATE: May 26,2026
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

NORBERTO FERRIERA,CHIEF WATER TREATMENT OPERATOR

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF FIRST AMENDMENT WITH HASA,INC.FOR SODIUM

HYPOCHLORITE DELIVERIES
RECOMMENDED ACTION:

It is recommended that the City Council approve the First Amendment to the agreement with Hasa,Inc.for the goods purchase of 12.5% sodium hypochlorite for water treatment, increasing the not-to-exceed amount by$35,000, for a revised total not-to-exceed amount of$60,000;and authorize the City Manager to execute all related documents.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining safe, reliable, and high-quality water service for the community.

BACKGROUND
The City entered into an agreement with HASA, Inc. on July 1, 2025, for the monthly delivery of 12.5% sodium hypochlorite.This chemical is an essential part of daily Water Treatment operations and helps the City maintain water quality and continue providing safe drinking water to the community.

ISSUES AND ANALYSIS
The current agreement is projected to be insufficient to cover sodium hypochlorite deliveries through the end of the fiscal year. To avoid any interruption in chemical deliveries, staff are requesting approval of an amendment to the agreement with Hasa,Inc. and increase the not-to-exceed amount by$35,000,for a revised not-to-exceed amount of $60,000. The proposed amendment will provide sufficient purchasing authority to cover the City's projected needs through the end of the fiscal year while staff prepares the next procurement in accordance with the updated purchasing policy.

Under Section 6 Purchasing Exemptions of the Purchasing Policy, Water and Wastewater Treatment Chemicals are exempt from the bidding process. Staff intend to award a new goods purchase agreement at the start of the new fiscal year.

FISCAL IMPACTS
The total cost for the First Amendment is $35,000. Funding is available in Water Utility Production/Storage Other Supplies/Materials Account No. 6406205-5217.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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AMENDMENT NO. 1 TO

GOODS PURCHASE AGREEMENT
WITH HASA, INC.

THIS AMENDMENT NO. 1 TO GOODS PURCHASE AGREEMENT ("Amendment No. 1") is entered into as of May 26, 2026, by and between the City of Upland, a California municipal corporation ("City"), and Hasa, Inc. ("Supplier"). City and Supplier are sometimes individually referred to as a "Party" and collectively as the "Parties."

RECITALS
A. City and Supplier entered into that certain Goods Purchase Agreement dated July 1, 2025, for the purchase and delivery of 12.5% sodium hypochlorite solution for City water treatment operations ("Original Agreement").

B. Exhibit C of the Original Agreement establishes the fee schedule and provides that the total purchase amount, inclusive of all fees and taxes, shall not exceed Twenty- Five Thousand Dollars ($25,000.00).

C. City desires to amend the Original Agreement to increase the total purchase amount authorized under the Original Agreement to an amount not to exceed Sixty Thousand Dollars ($60,000.00).

D. Parties now desire to amend the Original Agreement as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this Amendment No. 1 mutually agree as follows:

AMENDMENT

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Amendment No. 1 by this reference.

2. Amendment to Exhibit C, Fee Schedule. Exhibit C of the Original Agreement is hereby amended to revise the total purchase amount authorized under the Original Agreement. Paragraph Two of Exhibit C - Fee Schedule of the Original Agreement shall be amended to read as follows:
"Total purchase amount, inclusive of all fees and taxes, shall not exceed $60,000.00. Any additional charges, modifications, or increases to the scope of Goods that may affect the total cost are subject to the provisions outlined in Section 6: Changes."

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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4. Electronic Transmission. 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.

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

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

GOODS PURCHASE AGREEMENT
WITH HASA, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.

CITY SUPPLIER
City of Upland Hasa Inc,
460 N. Euclid Avenue 25152 Springfield Ct, Ste 300 Upland, CA 91786 Valencia, CA 91355
By:

Michael Blay,
City Manager
Name:

Title:

Attest:

By:

Keri Johnson, CMC
City Clerk
Name:

Title:

Approved As to Legal Form:

Best Best & Krieger LLP
City Attorney

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5

CITY OF UPLAND

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement ("Agreement") is entered into this 1st day of July, 2025, by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Hasa, Inc. a California Corporation with its principal place of business at 1415 E. 3rd Street Pomona, CA 91766 ("Supplier"). City and Supplier are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

Section 1. DEFINITIONS.

A. "Goods" means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit "A," attached hereto and incorporated herein by reference.

B. "Delivery Date(s)" means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit "B", attached hereto and incorporated herein by reference.

Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit "A" specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City's written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit "A" as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City's request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit "A," then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City's right to reject nonconforming goods, irrespective of City's failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after 1

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 rejection or acceptance thereof.

Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer's warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit "A" and shall be fit for the purpose intended. City's inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier's own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City's plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights 2

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit "C," attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City's authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City's requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. In no event shall the total sum of the Agreement (basic agreement amount and additional goods) exceed the sum specified in Exhibit "C". The purchase of any additional Goods in excess of this amount shall be approved by the City Manager.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit "B," then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit "B." Supplier's progress billing invoice will include progress payments due for the original scope of work and changes. Each "Item for Payment" shown in Exhibit "B" and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit "B" or a change order, must have subcontractor and/or supplier invoices attached to Supplier's invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its 3

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier's expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit "B" and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier's performance is of the essence for this Agreement.

The Goods will be delivered in accordance with the schedule set forth in Exhibit "B." Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $250 per item of Goods for 4

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit "B."
B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

A. In the event that Supplier or any employee, agent, or subcontractor of Supplier 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, Supplier shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Supplier or its employees, agents, or 5

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Supplier 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.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City's written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier's insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier's property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related 6

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier's own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1 ,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a 7

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 provision stating that Supplier's policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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.

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.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best's rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and 8

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier's right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.

If City's cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier's right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
9

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1)Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY: SUPPLIER:

City of Upland Hasa, Inc
460 N. Euclid Avenue 1415 E 3rd Street
Upland, CA 91786
Attn: Assistant City Manager/Public Pomona, CA 91766 Works Attn: Ken Ward
[email protected]
With Copy To:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
10

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Docusign Envelope ID:21730264-F130-42AA-9892-C31BF6E3E8C5 Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys' fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
11

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City's Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE]
12

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5

SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF UPLAND
AND HASA, INC.

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

CITY OF UPLAND HASA, INC.

Approved By:
[ Signed by: -DocuSigned by:
00/11(.t.tn, g1116,
y 3FR448913R3645F y +EgrK2—/-E^nng^
Damien Arrula
Assistant City Manager Its: President&CEO
Chris Brink
Printed Name:

Attested by:

EDocuSigned by: 1-Signed by:
‘t.� card,
By: F^� ^RFacuFznw By: "—78AA35869444415 Keri Johnson
City Clerk Its: CFO
Printed Name: Ken Ward
13

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Docusign Envelope ID:21730264-F130-42AA-9892-C31BF6E3E8C5 Exhibit A
Goods Specifications
a ISS

12.5% Sodium Hypochlorite Solutions
Corporate Headquarters: Hasa Inc.
25152 Springfield Crt.Ste.300
Valencia,California 91355
Telephone• 661.259.5848
Fax •661.259.1538

PRODUCT SPECIFICATION
Common Chemical Name Bleach. Bleach Solution,Sodium Hypochlorite Empirical Chemical Formula NaOCI
CAS Registry Number: 7681-52-9
Chemical Family Inorganic Halogen Compound
Chemical Composition(percent by weight): Minimum Maximum Sodium Hypochlorite 12.50 15.60
Sodium Chloride 10.00 12.50
Sodium Hydroxide 0.1 2.0
Sodium Carbonate 0.00 0.5
Inorganic Salts of Iron 0.00 0.5 mg/L(0.5 PPM) Inorganic Salts of Copper 0.00 0.05 mg/L(0.05 PPM) Inorganic Salts of Nickel 0.00 0.05 mg/L(0.05 PPM)

PHYSICAL AND CHEMICAL PROPERTIES
Vapor Pressure: 12.1 mm Hg at 20°C(68°F) Flash Point: Not Applicable Weight per Gallon 10.1 ±0.17 pounds pH: 12.0±0.5(typical) Density(liquid) 1.21 ±0.02 @ 20°C(68°F) Odor: Slight bleach Density(solid) Not Applicable Boiling Point: Decomposes Melting Point Not Applicable Freezing Point: -19.4°C(-3°F) Physical State: Liquid Solution Color: Straw Yellow Solubility in Water: Complete Stability: Stable
0 Certified to NSF/ANSI 60, Drinking Water Treatment Chemicals—Health Effects Standard Maximum use level 84 mg/L
NSF Certificate No.: 0A68I (Pittsburg,CA),0A682(Saugus,CA),0A683(Longview,WA) C0346333(Bryan,TX),C0396931 (Eloy,AZ),C0396930(Pomona,CA) C0544071 (Spring Valley,CA)
KRev.H—7/21/20)
14

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Docusign Envelope ID:21730264-F130-42AA-9892-C31 BF6E3E8C5 Exhibit B
Delivery Schedule
Delivery will be contingent on rate of usage and ordered as needed.

Delivery will be made to the following sites as requested:
- Plant 7
O 1655 W 17th Street, Upland, CA 91784
- San Antonio Water Treatment Plant
O 2545 Mountain Lane, Upland, CA 91784
- Plant 6
O 580 E 15th Street, Upland, CA 91786
15

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Docusign Envelope ID:21730264-F130-42AA-9892-C31BF6E3E8C5 Exhibit C
Fee Schedule
Per Unit Price
SUPPLIES QUANTITY UNIT UNTI PRICE

12.5% Sodium Hypochlorite 1.00 Gallon $2.92 +$0.05/Gal Delivery Fee
All pesticide-related purchases are subject to the California Mill Assessment, a fee imposed by the California Department of Pesticide Regulation (DPR) under Food and Agricultural Code Section 12841. This fee is currently set at $0.027 per dollar of sales and will be added to the total amount due, where applicable.

Total purchase amount,inclusive of all fees and taxes,shall not exceed$25,000.00.Any additional charges, modifications, or increases to the scope of Goods that may affect the total cost are subject to the provisions outlined in Section 6: Changes.
16

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4 UN
° : � CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
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.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/citv-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.

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):
k 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 our proposal or application.

Date Signature of authorized individual
/I/4 A. -f--/U C
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 149 of 480 ends

��°� °p`q� CITY
UPLAND
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
oid
DATE: May 26,2026
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

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: SENATE BILL 1 (SB1)ROAD MAINTENANCE AND REHABILITATION ACCOUNT

FUNDING AND PROJECT LIST
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving a list of projects for Fiscal Year 2026-2027 funded by Senate Bill 1: Road Repair and Accountability Act of 2017.

GOAL STATEMENT
The proposed action supports the City's goal to maintain and improve the City's public roadway facilities.

BACKGROUND
On April 28,2017,the Governor signed Senate Bill 1 (SB1),also known as the Road Repair and Accountability Act of 2017, which created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the State's multimodal transportation network; and created the Road Maintenance and Rehabilitation Account(RMRA) for the deposit of various funds for the program.To fund this program,SB 1 increased several taxes and fees(fuel tax, value-based transportation fee,price-based excise tax and zero emissions vehicle fee) and provided for inflationary adjustments so that the purchasing power of the revenues does not diminish.A percentage of RMRA funding will be apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

ISSUES AND ANALYSIS
In order to receive an apportionment of RMRA funds in a fiscal year,the City must annually approve a list of projects (see Exhibit 'A') to be constructed with RMRA funding and must submit the list to the California Transportation Commission. The list of projects must include a description and location of each proposed project, a proposed schedule,and the estimated useful life of the improvement.

The RMRA requires that local agencies maintain and report a local Maintenance of Effort(MOE)to ensure that new road funds do not supplant existing levels of City general revenue spending on streets and roads. The MOE requires the City to maintain a general fund spending threshold at no less than the average of 2009-10,2010-11,and 2011-12 fiscal years. Audits are performed to ensure the MOE requirements are met.Upland's MOE requirement for Fiscal Year 2026-27 is estimated to be$2,280,631.

ENVIRONMENTAL DETERMINATION
There is no environmental impact for approving the Fiscal Year 2026-27 RMRA project list. Road maintenance projects are typically exempt from CEQA as the resultant pavement rehabilitation work falls under CEQA Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities)and Section 15302 Class 2(Replacement or Reconstruction).

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 150 of 480 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2026-2027 FUNDED BY SB 1: THE
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Upland are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive and estimated $2,220,552 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City conducts a review process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate its streets this year and similar projects into the future; and WHEREAS, the State requires the City create an SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

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Resolution No.

Page 2 ends

SECTION 2. The City of Upland is adopting the fiscal year 2026-27 list of projects planned to be funded in-part or solely with Road Maintenance and Rehabilitation Account revenues provided in Exhibit A.

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

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

SECTION 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 26th day of May, 2026.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 26th day of May, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, CMC, City Clerk

Page 152 of 480 ends

EXHIBIT'A'
City of Upland,California
SB 1 -Road Maintenance and Rehabilitation
FY 2026-2027 Project List
Project Title Project Description Project Location Proposed Proposed Estimated Estimated Start Completion Useful Project
Date Date Life Cost
9th Street Rehabilitation 9th Street,from Benson Ave. 7/1/2028 6/30/2029 20 Years $4,000,000 Project No.TBD 0.50 miles of asphalt pavement to Central Ave rehabilitation,installation of curbs,gutters,
sidewalks,handicap ramps,street lighting,
water main replacement,and re-striping.
14th Street Rehabilitation 0.70 miles of asphalt pavement 14th Street,from Campus Ave. 7/1/2021 6/30/2027 20 Years $2,081,000 Project 70005 rehabilitation,replacement of damaged to Grove Ave curbs,gutters,sidewalks,handicap ramps,
and re-striping.

Mulberry Avenue Reconstruction 0.17 miles of asphalt pavement Mulberry Avenue,from Foothill 7/1/2021 12/31/2026 20 Years $1,121,000 Project 70006 rehabilitation,replacement of damaged Blvd.to Pine Street curbs,gutters,sidewalks,handicap ramps,
and re-striping.Project also includes water
infrastructure under separate funding.

Foothill Blvd.Rehabilitation Project 0.61 miles of asphalt pavement Foothill Blvd.,from Benson 7/1/2022 8/31/2026 20 Years $5,148,000 70015 rehabilitation,replacement of damaged Avenue to Mountain Avenue curbs,gutters,sidewalks,handicap ramps,
and re-striping. Project will also include
water infrastructure replacement under
separate funding.

Foothill Blvd.Rehabilitation Project 0.55 miles of asphalt pavement Foothill Blvd.,from Mountain 7/1/2022 8/31/2026 20 Years $4,904,000 70016 rehabilitation,replacement of damaged Avenue to San Antonio Avenue curbs,gutters,sidewalks,handicap ramps,
and re-striping. Project will also include
water infrastructure replacement under
separate funding.

Foothill Blvd.Rehabilitation Project 0.53 miles of asphalt pavement Foothill Blvd.,Benson Avenue 7/1/2023 6/30/2027 20 Years $4,491,000 70018 rehabilitation,replacement and installation to Central Avenue of curbs,gutters,sidewalks,handicap
ramps,and re-striping.

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Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2025-26 2026-27 Estimated January 2026 Hwy Users Tax Road IVhtnc TOTAL Hwy Users Tax Road Nhtnc TOTAL Account Rehab Acct Account Rehab Acct

SAN BERNARDINO COUNTY
ADELANTO 1,069,136 983,202 2,052,339 1,088,775 1,042,374 2,131,149 APPLE VALLEY 2,175,038 2,009,200 4,184,238 2,215,169 2,130,119 4,345,288 BARSTOW 738,217 675,776 1,413,994 751,715 716,446 1,468,162 BIG BEAR LAKE 736,398 133,414 869,812 739,063 _ 141,443 880,506 CHINO 2,724,546 2,519,698 5,244,244 2,774,874 2,671,340 5,446,215 CHINO HILLS 2,245,147 2,074,332 4,319,479 2,286,580 2,199,171 4,485,751 COLTON 1,543,739 1,422,719 2,966,458 1,572,157 1,508,342 3,080,499 FONTANA 6,258,613 5,800,550 12,059,163 6,374,472 6,149,643 12,524,116 GRAND TERRACE 381,736 347,389 729,125 388,675 368,296 756,971 HESPERIA 2,914,670 2,694,001 5,608,671 2,968,479 2,856,134 5,824,613 HIGHLAND 1,638,634 1,510,876 3,149,510 1,668,812 1,601,805 3,270,617 LOMA LINDA 732,178 670,166 1,402,343 745,564 710,498 1,456,062 MONTCLAIR 1,093,835 1,006,148 2,099,984 1,113,932 1,066,701 2,180,633 NEEDLES 146,076 130,317 276,393 148,679 138,160 286,839 ONTARIO 5,268,136 4,880,389 10,148,525 5,365,616 5,174,105 10,539,720 RANCHO CUCAMONGA 5,028,493 4,657,759 9,686,252 _ 5,121,527 4,938,076 10,059,603 REDLANDS 2,105,840 1,944,915 4,050,754 2,144,687 2,061,965 4,206,652 RIALTO 3,022,155 2,793,856 5,816,012 3,077,960 2,961,998 6,039,958 SAN BERNARDINO 6,371,084 5,905,037 12,276,121 6,489,031 6,260,418 12,749,449 TWENTYNINE PALMS 816,360 748,372 1,564,732 831,308 793,411 1,624,719 UPLAND 2,266,855 2,094,499 4,361,354 2,308,690 2,220,552 4,529,242 VICTORVILLE 4,032,005 3,732,014 7,764,019 4,106,548 3,956,617 8,063,165 YUCAIPA 1,574,535 1,451,328 3,025,864 1,603,524 1,538,673 3,142,197 YUCCA VALLEY 637,309 582,961 1,220,270 648,953 618,045 1,266,998 County of San Bernardino 53,172,142 46,280,572 99,452,714 54,150,186 49,065,867 103,216,052 Total Oties&County:San Bernardino 108,692,879 97,049,490 205,742,369 110,684,975 102,890,201 213,575,176 January 2026 Califorv'iaCityFinavtce.covv� Page 14 of 21

Page 154 of 480 ends

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 and materials submittals remain under review at this time. KSM continues to stay in communication with the respective permitting authorities, and there are no new significant updates to report at this time.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

Page 155 of 480 ends

:,' Up`q� CITYUPLAND
, �. "The City of Gracious Living"
DATE: May 26,2026
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

NORBERTO FERREIRA,CHIEF WATER TREATMENT OPERATOR

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF A PURCHASE ORDER INCREASE WITH EUROFINS EATON ANALYTICAL INC.FOR WATER SAMPLING SERVICES
RECOMMENDED ACTION:

It is recommended that the City Council approve an increase to the purchase order with Eurofins Eaton Analytical Inc. for water sampling services in the amount of$56,500, for a revised total purchase order amount not to exceed $198,500,and authorize staff to process all related purchasing documents.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining reliable utility services for the community.

BACKGROUND
The City utilizes Eurofins Eaton Analytical Inc. for a variety of water sampling and laboratory testing services in support of the Water Treatment Division. These services support ongoing water quality monitoring, regulatory compliance,and daily treatment operations.

On June 23, 2025, the City Council approved the annual blanket purchase orders for Fiscal Year 2025-26, which included Eurofins Eaton Analytical Inc. for water sampling services. The original blanket purchase order amount for Eurofins Eaton Analytical Inc. was approved based on the anticipated service needs at that time. Due to continued sampling and testing needs, the existing purchase order requires an increase of$56,500,bringing the total purchase order amount to$198,500.

ISSUES AND ANALYSIS
The requested purchase order increase will allow the City to continue utilizing Eurofins Eaton Analytical Inc. for necessary water sampling and laboratory testing services without interruption. These services are needed to support the Water Treatment Division's ongoing operations and regulatory compliance requirements.

Staff recommend approval of the purchase order increase to ensure continued access to required laboratory testing services through the remainder of the fiscal year.

FISCAL IMPACTS
The total increase to the purchase order is $56,500. Funding is available in Water Utility Production/Storage Other Services Account No. 6406205-525 8.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 156 of 480 ends

Docusign Envelope ID:94E32550-AE4A-8638-8305-98ACF942CE63 LJr£ tr�` CITYOF UPLAND
`'4rF�, PURCHASE ORDER FORM FY 2025-2026
Purchase Order No: 20260049 Requested Date: 5/14/26 Department: Administrative Services Vendor No: 97141 Division: Utilities Vendor Name: Eurofins Eaton Analytical Inc Bill To Adress: 460 N Euclid Ave Vendor Address: PO Box 1450 Upland, CA 91786 Carol Stream IL 60132-1450
Bill to Attn: Finance Type: Open PO
Project No: Project Title:

Description of Work/Services:

Eurofins provides laboratory analysis and testing services for City water samples,supporting required water quality monitoring, regulatory compliance,and treatment with DDW and EPA.

Justification:

Eurofins Eaton Analytical, Inc.provides required water sampling,testing,and analytical lab reporting in accordance with State and Federal regulations.Due to increased sampling needs and unforeseen monitoring requirements at City facilities,the Fiscal Year 2025-26 purchase order has exceeded the original allocation,and additional funding is needed to maintain compliance.

Account No. Original PO Previous Change Request Revised PO Amount Amount Amount Amount
640-6205-5258 $ 142,000.00 $56,500.00 $ 198,500.00 Total $ 142,000.00 $0.00 $56,500.001 $ 198,500.00 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 157 of 480

Docusign Envelope ID:94E32550-AE4A-8638-8305-98ACF942CE63 page 2

PURCHASE ORDER FORM
Purchase Order No: 20260049 Requested Date: 5/14/26 Signed by:
444 5/16/2026 110:25 AM PDT
Requested By: '-Fd'idf1Fn Ar,4dRR
Attachments Signature Date
Name/Title Liz Rodriguez/Management Analyst
nBids/Quotes Form
Signed.-by::
n Sole Source/Exempt Form r G arkt t ou 'j s 5/18/2026 I 8:25 AM PDT vslc_ 3FB2'wv„1...

Signature Richard Gonzales/Deputy Public Works Date Name/Title Director-Utilities
n Change Order/Addendum
i-Signed by:
n Staff Report Memo f4M L ttig,G .b 5/18/2026 112:46 PM PDT Reviewed By:
�=�snsaanv�Qaaa...

Signature Date
n DIR(Projects over$25,000) Name/Title Emily Saucedo/Management Analyst Signed by:
❑ Other R,yyki , (,(y ,(,a, 5/18/2026 I 6:05 PM PDT Approved By:

Department Head Signature Date
Approved By:

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

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

Page 158 of 480 ends

Docusign Envelope ID:94E32550-AE4A-8638-8305-98ACF942CE63 / '''.� CITY OF UPLAND
O�tIF04�t�

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: 97141 Vendor Address: PO Box 1450 Vendor Name: Eurofins Eaton Analytical Inc Carol Stream IL 60132-1450 Vendor Phone: 626-386-1100 Vendor Email:

Product/Service: Please provide a full description of the goods or services that is being requested for sole source purchase Eurofins provides laboratory analysis and testing services for City water samples,supporting required water quality monitoring, regulatory compliance,and treatment.

Justification:check all that apply
❑ Only known product of its kind (section 11.3) ❑ Piggie-back purchase(section 11.4) ❑ Only known authorized distributor(section 11.3) 0 Emergency purchase(section 11.6) Describe below. ❑ City standardized equipment(section 11.3) Describe below. 0 City Manager Waiver(section 11.7)Attach Memo.

I] Exempted (section 6) Water Treatment Sampling ❑ The Treatment Division encountered additional regulatory and operational sampling needs during this fiscal period,which resulted in a higher volume of laboratory analysis than originally anticipated under this Purchase Order.In addition,the complexity and scope of certain analytical services exceeded initial cost projections.As a result,additional funding is required to continue necessary sampling and laboratory testing services through the remainder of the contract term.

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? The Purchase Order established with Eurofins Eaton Analytical Inc. has been in place as our primary source of sample provisions and lab sampling.Since this account is in a deficit,we are obliged to pay them for the services provided.

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.

The cost of this deficit is through a list price of various samples,sampling methods and lab work performed by Eurofins Eaton Analytical Inc.and is the basis of our regulatory obligation to be in State and Federal compliance.

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

N/A
Requested by: Approved By:
(—Signed by: Signed by:

M� 5/16/2026 110:25 AM PDT 5axmiun,Qryti,(a, 5/18/2026 I 6:05 PM PDT Signature Date Department Head Signature Date Name/Title Liz Rodriguez/Management Analyst
(—Signed by:

KcG.avd,Govvyal.t,s 5/18/2026 I 8:25 AM PDT
‘-0916,1W926,6117_.

Signature Date City Manager Signature* Date Name/Title Richard Gonzales/Deputy Public Works Director-Utilities *City Manager approval needed if amount is$25,000 or greater, or Purchasing Policy Exemptions 11.6 or
Reviewed By: 11.7 are used
(—Signed by:
fA,;l Sanctdo 5/18/2026 112:46 PM PDT
�0g6N1g1G9��®Cg®..

Signature Date
Name/Title Emily Saucedo/Management Analyst

Page 159 of 480 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.

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. 5/19/2026
Date Signature of authorized individual
Eurofins Drinking Water and Wastewater West, LLC
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 160 of 480 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 161 of 480 ends

:,' Up`q� CoFUPLAND
, �. "The City of Gracious Living"
DATE: May 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

CECILIA TODD,DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: PUBLIC HEARING ON CITY VACANCIES AND RECRUITMENT AND RETENTION EFFORTS ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3 RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing in compliance with Assembly Bill 2561 and receive and file the report on City vacancies and recruitment and retention efforts.

GOAL STATEMENT
The proposed action supports the City's goal of Responsive Leadership to ensure the City's prompt compliance with new laws and regulations.

BACKGROUND
Effective January 1,2025,Assembly Bill(AB)2561 amended the Meyers-Milias-Brown Act(MMBA)to address the growing concern of job vacancies within local governments.The California Legislature identified prolonged vacancies as a statewide issue that negatively impacts the delivery of public services and increases employee workload. In response,AB 2561 established a new requirement for public agencies to report annually—at a public hearing before the governing body—on the status of position vacancies,as well as recruitment and retention efforts.This report must occur at least once each fiscal year and prior to budget adoption. The legislation is codified in Government Code section 3502.3.

ISSUES AND ANALYSIS
In compliance with AB 2561,the City is required to do the following:
• Hold a public hearing before the City Council at least once per fiscal year to report on the status of vacancies, recruitment, and retention efforts. This presentation must also identify any policy or procedural barriers to hiring and must occur prior to the adoption of the City's annual or multi-year budget. • Allow recognized employee organizations representing each of the City's four bargaining units to participate in the hearing and provide input on vacancies and related workforce challenges. • Provide additional data if a bargaining unit has a vacancy rate of 20% or more, and upon request by the recognized employee organization, the City must at the hearing, include the total number of vacancies, applicant volume, time-to-fill metrics, and recommendations to improve compensation and working conditions.

This is the second year of required reporting under AB 2561, the City's analysis of its vacancies is based on the summary data provided below. The chart presents Upland's vacancy figures as of May 14,2026.

Group Budgeted Full-Time Number of % of Vacancies Positions Vacancies
AFSCME 133 22 16.5%
UMMEA 45 3 6.7%
UPOA 64 6 9.3%
UPMA 15 1 6.7%
OTHER 17 - -

Page 162 of 480 ends

Recruitment and Retention Efforts
The City's recruitment and selection process is governed by the Personnel Rules,designed to ensure a fair,consistent, and merit-based hiring system that attracts highly qualified and competent individuals to municipal service.The Rules emphasize merit and fitness in hiring and promotional decisions,while also requiring probationary and ongoing annual evaluations to maintain high performance standards.

The City's hiring process is intentionally comprehensive to uphold the integrity and quality of public service delivery.

Upon the creation of a vacancy,the operating department submits a personnel requisition to Human Resources and Risk Management(HRRM), initiating a collaborative effort to develop a tailored recruitment strategy. Job postings are then customized to reflect departmental needs and based on approved classification specifications. HRRM advertises vacancies across a variety of platforms, including the City's website, social media, and industry-specific job boards,to reach a broad and diverse applicant pool.

Once the application period closes, HRRM reviews submissions to determine whether candidates meet the stated minimum qualifications.This initial screening can be particularly resource-intensive for highly competitive positions.

Qualified candidates then move on to a structured testing process, which may include written exams, performance tests,oral interviews,or a combination of these.Candidates who successfully complete all phases of testing are ranked on an eligibility list.Typically,the top three to four candidates are referred to the hiring department for final interviews, and selection can be made regardless of ranking.

Once a candidate is selected, and following a conditional offer of employment, HRRM conducts reference checks, background verifications, and, where applicable, coordinates pre-employment medical evaluations to ensure candidates are fit for duty. Once cleared,a start date is scheduled,and onboarding is conducted.

While this detailed process ensures quality hiring, it also contributes to lengthy recruitment wait times, which can delay the City's ability to promptly fill vacancies.Recognizing the impact of delays on operations and service delivery, HRRM has initiated several process improvements to reduce hiring timeframes.These include:
• Establishing recruitment timelines in advance to inform candidates of key deadlines and exam dates,while ensuring HRRM stays on track to complete the process as efficiently as possible. • Utilizing virtual interviews for flexibility and efficiency when needed. • Pre-scheduling City facilities for testing to avoid scheduling conflicts. • Reviewing classification specifications to remove the pre-employment medical process for positions that do not perform manual labor functions.

Additional recent enhancements to improve applicant engagement and recruitment effectiveness include:
• Recruitment incentive hiring bonuses;
• Expanding marketing strategies by posting job announcements on a wider range of specialized platforms; • Strengthening the City's presence on social media through regular,engaging job postings and videos; • Expanding outreach at job fairs such as those hosted by local community colleges, attending high school career days,and booth setups at community events;
• Promoting employee engagement through wellness initiatives through our wellness program; • Issuing Citywide congratulatory announcements to employees experiencing life-changing events.

The City has also identified and addressed several internal obstacles in the recruitment process. For example, all positions previously required a pre-employment physical,which added an additional 2-4 weeks to an already lengthy recruitment process. Following a review, it was determined that pre-employment physicals are not necessary for positions that do not involve manual labor,thereby reducing overall time to hire.

Applicant engagement following initial application submission was lower than anticipated, sometimes resulting in missed exams or interview scheduling. To address this, HRRM now utilizes both email and personal phone calls to maintain consistent communication with applicants throughout the recruitment process,ensuring they are informed of their status and do not miss key steps such as exams or interviews.

Public safety recruitment remains an area of statewide concern. Fewer individuals are pursuing careers in law enforcement, creating intense competition for a shrinking candidate pool. In response, Upland has implemented a Police Officer hiring bonus program, and enhancements to education and certification pays.

Page 163 of 480 ends

Retention remains a key focus.The City recognizes that competitiveness in the labor market is a major factor affecting both recruitment and retention. Neighboring agencies continue to enhance compensation and benefits to attract top talent. In response, the City has negotiated multi-year cost-of-living adjustments (COLAs) and expanded incentive offerings through collective bargaining agreements. HRRM is developing a New Employee Introduction Program aimed at fostering employee engagement by providing education on the roles and responsibilities of public service, along with a"City 101"overview of each department,presented by Department Directors and the City Manager and including a tour of the City and its facilities. Additionally, HRRM is implementing career development and growth opportunities by offering tuition reimbursement, educational partnerships, planning career ladders, and providing internal promotional opportunities.

Additional reporting requirements and data are required to be presented under subsection(c)of AB 2561 if any single bargaining unit experiences vacancy rates of 20% or more. No bargaining unit has met this threshold, thus, those requirements are not applicable at this time.

The City remains committed to continuous process improvement and proactive workforce management.Recruitment and retention efforts will remain a top priority to ensure that staffing levels meet operational needs and that the City continues to attract and retain a talented,diverse,and high-performing workforce.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 164 of 480 ends

AB 2561 Presentation :

Status of City of Upland
Vacancies and Recruitment
and Retention Efforts in A OV
Ai�
2026 01:~ ` fir d
� r
ilk
Administrative Services Department �M �*.�
City Council Meeting � ` '
t*
May 26, 2026 �ijFOR��
Cecilia Todd , Deputy Director of Human
Resources and Risk Management

Page 165 of 480 ends

IL
ip
OF t
Aqe
AVI. Workforce
I nformat *ion
At
OR
MADON MA�F THE TRAIL
44�
Ad
Xpo
.4

46.

Page 160 ends

Workforce Information
OF 1434
Atalb
Five Employee Bargaining Units
American Federation of State, General employee group representing general clerical, County and Municipal Employees technical, and public works employees including non- (AFSCME) sworn police positions.

Upland Mid-Management Employee Group representing Supervisor and some Manager Association (UMMEA) positions.

UPOA Group representing sworn employees in non-
management classifications.

UPMA Group representing sworn police management including Sergeant, Lieutenant, and Captain.

Non-represented group including Human Resources
Non-Represented/Confide
and some Finance employees involved in negotiations.

Executive Management Directors by contract.

Page 167 of 480 ends

Workforce Information
pF 1434
/ \
\k

0.1 �
Total Bud_eted Authorized Full-Time Positions: = 4/P00 Total Vacancies: 32
Total% of Vacancies 12%
Total Employees by Group
Total Employees by Department
O! 64
ID
■ CM ■ ASD ■ DSD ■ PD ■ PW

Page 168 of 480 ends

■ OTHER • UCEA • UMMEA • UPMA • UPOA

of UpL
0$1201V1A
0 /\i\c ,, d
A
Recruitment Process

Page 169 of 480 ends

Recruitment Process
• Phase 1 • Department submits recruitment request to HRRM • HRRM coordinates recruitment strategy meeting to determine minimum Vacancy Identified qualifications and selection methods (exams, interviews, practical, etc.) • Job announcement is developed and published
IN • HRRM conducts initial screening for minimum qualifications • Department Subject Matter Experts (SMEs)further assess candidates based Phase 2 on essential job functions
Ir Selection Process • Qualified candidates enter a competitive selection process • An eligibility list is created
• Department conducts final interviews to identify the top candidate • Department selects finalist
.4, or UpL Phase 3 • HRRM extends conditional offer of employment ti<S `�� • Candidate completes required background checks if applicable (fingerprints, v d , Hiring DMV, references, medical exam, etc.) p % Ay%
• Final job offer extended and hire date determined
14 r • New hire begins onboarding and probationary period

Page 170 of 480 ends

Recruitment ChaLlenges & Opportunities
pF U.

At
CHALLENGE CHALLENGE CHALLENGE c�Lr— It• APPLICANT DETAILED HIRING PUBLIC SAFETY
ENGAGEMENT P ROC ESS=LENGTHY HIRING
LOWER THAN RECRUITMENT WAIT
ANTICIPATED TJWIES CHALLENGES
ni
.

OPPORTUNITY OPPORTUNITY OPPORTUNITY
Timelines established ■ Strengthening social .. Hiring bonus program in advance to inform media presence + Enhancements to candidates of key through regular education and dates postings certification pays
■ Virtual. options used ■ Expanding marketing i Collaborate with PD when flexibility is and outreach on to consider novel needed specialized platforms recruitment and • Reviewing class and job fairs and retention strategies specifications to community events
remove unnecessary • Promoting employee
components of engagement through
backgrounds wellness initiatives
developed via the
City's Wellness
Program Page 171 of 480

Retention Information
pF UPL
,,,,,
t: 74
'LrFORvl
Retention Statistics:

Total # of Vacancies as of 5/14/26: 32
# of Vacancies Created by internal Promotion : 9
96 of Vacancies Resulting from internal Opportunity : 28 # of Vacancies Created by Retirement 1
# of VacartcFes Created by Voluntary Separation: 9
% of Vacancies Resulting from Artritior: 31%
# of vaca des Created by Invol LfritA ry S spa ration:4 of Vacancies Resulting from Turnover: 13%
# of Vacancies Created by Addition of New Position' 9
of Vacancies Resulting from New Positions: 28%
Turnover Rate as of 5/14/26: 5.11%

Page 172 of 480 ends

Recommendation
• Receive presentation from Labor Groups
• Conduct a public hearing to receive comments from the public
• Receive and file this report on City vacancies, and recruitment and retention efforts
of Up
it
,,,4 \ 14:4,5,
3 VI

Page 173 of 480 ends

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Page 174 of 480 ends

Thank You

Page 175 of 480 ends

, °v °p`q� cITFUP LAND
oid "The City of Gracious Living"
DATE: May 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

JOSHUA WINTER, SENIOR PLANNER
SUBJECT: AMENDMENT NO.4 TO THE HISTORIC DOWNTOWN UPLAND SPECIFIC PLAN (HDUSP)
RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing and hold first reading by title only, waive further reading and introduce an Ordinance adopting Specific Plan Amendment No. 25-0003 (Amendment No. 4) to the Historic Downtown Upland Specific Plan as shown in Exhibits A,B and C to the Ordinance; and determine that the proposed Ordinance is exempt from the California Environmental Quality Act(CEQA)pursuant to CEQA Guidelines Section 15061(b)(3).

GOAL STATEMENT
The proposed action supports the City's goal of ensuring the historic character and economic vitality of Historic Downtown Upland is protected,preserved and enhanced as a valuable resource of the community.

BACKGROUND
The recent adoption of the Housing Element Rezoning Program included 530 East 9th Street which changed to Citrus Transportation District. The site was previously designated Pleasant View District, which is a single-family designation,and contains a nonconforming auto repair business and three multiple-family units.Due to the site being adjacent to single-family dwellings,a component of the Amendment is incorporating new development standards into the Historic Downtown Upland Specific Plan (HDUSP) to address this issue. The Citrus Transportation District permits greater residential density and increased building height compared to the adjacent single-family Pleasant View District. Accordingly, the proposed development standards are intended to establish clear expectations for building scale,architectural design,and site layout,ensuring that future development on the site is compatible with surrounding uses and contributes positively to the character of the area.

In addition,the Planning Division proposes additional amendments to the HDUSP,to address other provisions within the Specific Plan that warrant refinement based on staff's ongoing implementation of the HDUSP. The HDUSP explicitly provides that"any provision of this Specific Plan that is determined by the Development Services Director to need refinement or revision will be corrected by amending this Specific Plan as soon as is practical"(Page 9-10).

Given that development activity within the Citrus Transportation District (located around the Downtown Train Station)is imminent,the other components in the specific plan amendment are necessary to address potential negative outcomes.

At its meeting on April 22,2026,the Planning Commission of the City of Upland recommended that the City Councill of the City of Upland approve Specific Plan Amendment No.25-0003.

ISSUES AND ANALYSIS
As mentioned above,the need for these standards arises from the recent inclusion of the property located at 530 E.9th Street into the Citrus Transportation District. As shown in Images 1 and 2 below,the site fronts on 9th Street and is bordered by the Pleasant View District to the north,east, and west. The Citrus Transportation designation allows for increased residential density and greater building heights compared to the adjacent Pleasant View District, which is characterized by lower-density,older single-family residential development.

The subject site is a 0.48-acre parcel previously designated within the Pleasant View District and rezoned to the Citrus Transportation District to facilitate redevelopment and accommodate higher-density residential development. As mentioned earlier,the site is currently developed with an automotive repair use and older residential structures and is located adjacent to a recently approved 111-unit residential project to the south and is adjacent to existing multi-family

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apartments to the east. Furthermore,under the previous Pleasant View standards,the site would have been limited to approximately two single-family residential dwellings, making redevelopment economically infeasible. Given these factors, the Planning Division is proposing additional development standards for the Citrus Transportation District, specifically applying to properties along 9th Street.These standards will ensure that future development is compatible with the character of the surrounding Pleasant View neighborhood.

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The proposed standards establish clear requirements related to:
a. Building height limitations within proximity to 9th Street,restricting development within 50 feet of the right-of-way to a maximum of two(2)stories and 30 feet in height to ensure compatibility with adjacent single-family homes;
b. Setbacks and street edge design standards,including a minimum 20-foot front setback along 9th Street, 5-foot side and rear setbacks, and allowance for limited architectural encroachments (e.g., porches, stoops,and bay windows)to maintain a consistent residential streetscape;

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c. Restrictions on vehicular access from 9th Street,prohibiting driveways,garage doors,and vehicle access points,and requiring all access to be provided from alleys,side streets,or internal drive aisles to preserve neighborhood character and minimize conflicts;
d. Architectural design requirements, mandating incorporation of Craftsman-style elements such as low- pitched roofs,exposed rafter tails,covered porches,and the use of varied façade materials(e.g., siding, shingles,brick,or stone),while prohibiting blank or stucco-only façades; e. Massing and articulation standards, requiring façade modulation for building elevations exceeding 30 feet in width through offsets, changes in roof planes,varied materials, and window patterns, as well as upper-story design features such as step-backs,dormers,or recessed balconies to reduce perceived bulk; and
f. Building orientation and pedestrian design standards,requiring primary entrances to face 9th Street and incorporation of porch elements and pedestrian-oriented features to reinforce a residential scale and active street frontage.

These standards are specifically tailored to ensure that new development within the Citrus Transportation District transitions appropriately to the adjacent single-family Pleasant View District,minimizing potential impacts related to privacy,scale,and neighborhood character.Complete proposed development standards are included under Exhibit A to the draft ordinance.

Definitions Update and Land Use Clarification
As part of the proposed amendment to the Historic Downtown Upland Specific Plan(HDUSP),staff is recommending updates to the "Definitions" section to clarify existing terminology, introduce new land use categories and ensure future regulation is adequate.

The existing HDUSP definitions include a range of traditional land use terms, however, several uses currently operating or proposed within Downtown Upland are not clearly defined, leading to ambiguity in application and enforcement of the HDUSP. The proposed amendment introduces refined, as well as, new definitions, including "Unique Retail" and "Brewery (Craft Brewery/Microbrewery)". The amendment also proposes revised existing definitions for"Light Industrial", "Restaurant" and "Bar or Nightclub"to better reflect modern business types and evolving economic activity within the downtown area

1. Unique Retail
• Existing Definition: No definition. Retail uses are currently regulated under "Retail Store, General," which broadly includes a wide variety of merchandise and store types. • Proposed Definition: A retail establishment that offers specialty, handcrafted, locally produced, or niche goods,or provides a distinct customer experience that contributes to the character and vitality of a pedestrian-oriented commercial district. Unique retail uses are typically independently operated or small-scale businesses that differentiate themselves from formula or general retail through product type, design,presentation,or customer interaction. The Development Services Director shall determine on a case by case basis if a proposed retail use fits within this definition.

This definition introduces a new land use category that distinguishes specialty or niche retail uses from general retail,allowing for greater control over tenant mix and supporting the character of Downtown Upland.

Recent applications involving retail uses that blur the distinction between permitted and non-permitted uses have demonstrated the need for additional clarification. This use category will also be added to the land use chart and require an Administrative Use Permit within the districts retail use is allowed, including Euclid District, Old Town District, Historic Core District, Arrow Highway District and the Citrus Transportation District.

2. Distillery/Brewery(Craft Distillery/Craft Brewery) • Existing Definition:No definition.Breweries are currently interpreted under restaurant or bar/nightclub categories depending on operational characteristics.

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• Proposed Definition: A facility engaged in the production,fermentation,distillation,and/or packaging of beer, ale, spirits, or other alcoholic beverages that includes a public tasting room or taproom as the primary use, with production activities serving as an accessory component to support on-site consumption. Such establishments may include accessory uses such as retail sales of packaged beverages, merchandise, and limited food service,provided that the establishment primarily functions as a tasting room open to the public. All production, fermentation, distillation, storage, and packaging activities shall occur entirely within an enclosed building and shall be operated in a manner that does not generate excessive noise,odors,or other impacts incompatible with surrounding commercial,residential, or mixed-use properties within the Historic Downtown Upland Specific Plan area.

The new definition establishes a clear hybrid use classification and differentiates breweries and distilleries from bars and restaurants, while adding operational standards to ensure compatibility. In addition, staff has received new inquiries regarding this use in addition to the existing ones located in the Downtown, therefore, the addition of the land use classification will provide clearer direction for staff and future businesses. This use category will also be added to the land use chart, and an Administrative Use Permit will be required within the districts where the use is allowed,including Euclid District,Old Town District,Historic Core District,Arrow Highway District and the Citrus Transportation District.

3. Light Industrial
• Existing Definition: "Any office and industrial uses that produce minimal traffic, noise, odors, or pollutants.Permitted land uses include light manufacturing,assembly,processing and office." • Proposed Definition: A small-scale manufacturing, fabrication, processing, assembly, or repair use conducted entirely within an enclosed building and designed to be compatible with a pedestrian-oriented commercial district. Such uses shall be limited to operations that generate minimal traffic, noise, vibration, dust, smoke, odors, glare, or other environmental impacts and that do not adversely affect adjacent commercial, residential, or mixed-use properties. Typical uses may include artisan manufacturing, small-scale product assembly, food production or packaging, printing and publishing, furniture making or repair,technology fabrication or repair,studio workshops or maker spaces,research and development activities,and office uses associated with the industrial activity.All operations,storage, and processing shall occur within an enclosed building, and outdoor storage of materials or equipment is prohibited.Truck deliveries or freight movements shall be limited to no more than five(5)truck trips per day, excluding standard parcel delivery vehicles, or further limited by the Development Services Director. Uses shall not generate excessive noise, odors, vibration, smoke, dust, glare, or hazardous emissions detectable beyond the property boundary and shall be compatible with the historic character and pedestrian-oriented environment of the Historic Downtown Upland Specific Plan area, including compliance with applicable design and operational standards. Heavy manufacturing, warehousing, distribution centers,trucking terminals,recycling facilities,and similar high-impact industrial uses shall not be permitted.

The new definition provides a clearer picture as to what is,and what is not permitted by adding measurable operational limits and performance standards, ensuring compatibility with the downtown environment. In addition, the use is currently listed as"Permitted"within Euclid District,Arrow Highway District and the Citrus Transportation District.

The Land Use Chart, Table 5-1, will also be modified to require an Administrative Use Permit for Light Industrial uses to ensure greater control over potential future locations and businesses in the Downtown area.

4. Restaurant(Full-Service,Sit-Down)
• Existing Definition: "A restaurant where food is customarily prepared on the premises and food orders are taken by and served to patrons by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant."
• Proposed Definition:A bona fide eating establishment whose primary use is the preparation and service of meals to the public for on-premises consumption. The establishment shall maintain a fully equipped kitchen located on the premises and a dining area with tables and seating for customers. Meals shall be available and served during all hours the establishment is open for business. The sale of alcoholic beverages may occur in conjunction with the service of meals and shall be incidental to the restaurant use. At no time shall alcoholic beverage sales substantially exceed fifty percent (50%) of the

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establishment's total gross sales.An establishment with a Type 48 ABC license shall not be considered a restaurant under this definition. Establishments operating as bars, nightclubs, or drinking establishments where the primary activity is the sale or consumption of alcoholic beverages are not considered restaurants.

5. Bar or Nightclub
• Existing Definition: "Any bar, cocktail lounge, dancehall or similar establishment that provides live entertainment in conjunction with alcoholic beverage sales, and that is not part of a larger restaurant.

Includes bars,taverns,pubs and similar establishments where any food service is subordinate to the sale of alcoholic beverages."
• Proposed Definition: A commercial establishment where the primary purpose is the sale and on-site consumption of alcoholic beverages.Entertainment,dancing,music,or social drinking may be provided as principal activities. Any food service offered shall be incidental and subordinate to the sale of alcoholic beverages. Alcoholic beverage sales shall constitute the principal business activity of the establishment and may exceed fifty percent (50%) of the establishment's total gross sales. Such establishments commonly operate under licenses issued by the California Department of Alcoholic Beverage Control authorizing on-sale alcoholic beverage service for drinking establishments,including but not limited to a Type 40(On-Sale Beer),Type 42(On-Sale Beer&Wine—Public Premises),Type 48(On-Sale General—Public Premises),or Type 61(On-Sale Beer—Public Premises) License or similar license type. The possession of an alcoholic beverage license shall not by itself determine land use classification;the operational characteristics of the establishment shall control." The new definitions introduce objective standards to clearly distinguish restaurants from bars,improving consistency in land use classifications and enforcement. Restaurant uses have previously blurred the distinction between what constitutes a bar and what constitutes a restaurant,particularly in cases where alcohol sales and entertainment become the primary focus of the business. The proposed definitions establish measurable criteria, including limitations on alcohol sales and clarification of primary business activity,to ensure that establishments are classified based on their operational characteristics rather than solely on licensing or self-identification. This distinction is important because restaurants are permitted by right within the Euclid District,Old Town District,Historic Core District,Arrow Highway District, and Citrus Transportation District, whereas bars require a Conditional Use Permit; additionally, if alcohol sales are proposed in conjunction with a restaurant, an Administrative Use Permit is required. By clearly defining these uses,the City can better regulate the uses.

All definitions are shown in Exhibit B in the draft ordinance.

Terminology Consistency Updates
In addition to new definitions,several terminology updates are proposed to ensure consistency with the current Upland Municipal Code(UMC),including:
• Replacing "Minor Conditional Use Permit" with "Administrative Use Permit" to reflect current City terminology and streamline permit classifications.
• Replacing"Second Dwelling Unit"with"Accessory Dwelling Unit(ADU)", consistent with State law and the UMC.

These updates will be included in Table 5-1 and improve internal consistency across City regulations and reduce confusion for applicants and staff.All Table 5-1 modifications are shown in Exhibit C to the draft ordinance.

ENVIRONMENTAL DETERMINATION
The proposed Specific Plan Amendment is exempt from the California Environmental Quality Act(CEQA)pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption. The amendment consists of updates to definitions, terminology, and development standards, and does not approve or authorize any specific development project.The proposed regulations are administrative and regulatory in nature and will not result in any direct physical change to the environment.Additionally,the amendment does not increase allowable density or intensity beyond what has previously been approved but instead introduces standards to ensure compatibility with adjacent development.

Therefore,it can be seen with certainty that the project will not have a significant effect on the environment.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determine to be Exempt.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADOPTING SPECIFIC PLAN
AMENDMENT NO. SP-25-0003, (AMENDMENT NO. 4)

AMENDING THE HISTORIC DOWNTOWN UPLAND

SPECIFIC PLAN TO ADD DEVELOPMENT STANDARDS
FOR PROPERTIES ALONG EAST 9TH STREET, UPDATE

DEFINITIONS AND LAND USE TERMINOLOGY, REVISE

PERMIT CLASSIFICATIONS, AND AMEND THE
PERMITTED LAND USE TABLE (TABLE 5-1) AS SHOWN

IN EXHIBITS A, B AND C
WHEREAS, The City of Upland Planning Division has initiated proceedings to modify the Historic Downtown Upland Specific Plan; and
WHEREAS, For Specific Plan Amendments, Upland Municipal Code (UMC) Table

17.43-1 identifies the decision-making authority as the City Council, with the Planning Commission being a recommendation body; and
WHEREAS, the proposed Specific Plan Amendment No. 25-0003 will not conflict with the goals, policies, and implementation measures set forth in the General Plan and Zoning Ordinance; and
WHEREAS, the Specific Plan Amendment application is for text changes only, no physical development is proposed; and
WHEREAS, the project is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and WHEREAS, This amendment is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)), the common sense exemption covering activities with no possibility of having a significant effect on the environment; and
WHEREAS, the City of Upland Planning Division on April 17, 2026, posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library in accordance with the UMC §17.46.020; and WHEREAS, the City of Upland Planning Division on April 17, 2026, published a 1/8 page display ad consistent with the requirements under UMC §17.46.020 (B)(2), in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and WHEREAS, The City of Upland Planning Commission conducted a duly noticed public hearing on April 22, 2026, at which time it received public testimony concerning the

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Ordinance No.

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Project, and considered the CEQA for the proposed project, and recommended the City Council approve the project with certain modifications; and WHEREAS, the City of Upland City Clerk on May 14, 2026, published a legal notice in the Inland Valley Daily Bulletin, consistent with UMC §17.46.020 (B)(2), a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland City Council conducted a duly noticed public hearing on May 26, 2026, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project; and WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation. The above recitals are true and correct and are hereby incorporated herein by this reference and adopted as findings by the City Council.

SECTION 2. CEQA. Compliance with California Environmental Quality Act. Project is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)), the common sense exemption covering activities with no possibility of having a significant effect on the environment.

SECTION 3. The proposal is in conformity with the following General Plan Land Use Goals and Policies and Specific Plan Goals and Policies.

1. General Plan Goal FA-8 "The historic character and economic vitality of Historic Downtown Upland is protected, preserved and enhanced as a valuable resource of the community."
Consistency: The proposed amendments support this goal by introducing refined land use definitions and development standards that promote high-quality, context- sensitive development. The architectural and design standards ensure that new development is compatible with the historic character of the surrounding area, while the updated definitions facilitate a diverse and economically viable mix of uses. Together, these updates help preserve the character of Downtown Upland while supporting continued reinvestment and economic vitality.

2. Specific Plan Policy 1.1.1 "New development shall be attractive, complement the form, scale and architectural style of adjacent buildings and promote harmony in

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Ordinance No.

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the visual relationships and transitions between new and older buildings so that it appears a part of the evolutionary development of Downtown." Consistency: The proposed development standards establish building height limits, setbacks, and architectural design requirements, including Craftsman-style elements and material variation, to ensure that new development along 9th Street complements the scale and character of the adjacent Pleasant View single-family neighborhood. These standards promote a cohesive visual transition between new higher-density development and the surrounding lower-density residential area.

3. Specific Plan Policy 1.1.3 "New development shall incorporate sufficient articulation and character-defining features to carry out the chosen architectural style and ensure that the development project reinforces the pedestrian scale and uses high-quality materials and colors."
Consistency: The proposed standards require façade articulation, variation in building materials, roofline modulation, and pedestrian-oriented design elements such as porches and street-facing entrances. These requirements ensure that future development maintains a pedestrian scale, incorporates high-quality materials, and reflects a cohesive architectural style consistent with the Specific Plan.

4. Specific Plan Policy 3.1.1 "The City shall support a diverse mix of uses in Downtown, including entertainment, restaurant, office, residential, specialty stores and neighborhood-serving uses."
Consistency: The proposed updates to the Definitions section, including the introduction of uses such as "Unique Retail" and "Brewery", support a broader and more clearly defined mix of uses within Downtown. These updates provide regulatory clarity and facilitate a diverse range of compatible commercial and mixed-use activities, consistent with the Specific Plan's goal of promoting economic vitality and a vibrant downtown environment.

SECTION 4. Ordinance: Specific Plan Amendment. The Historic Downtown Upland Specific Plan is hereby amended as set forth in Exhibit A, B and C attached hereto and incorporated herein by reference.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for 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, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

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Ordinance No.

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SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 7. 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
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 26th day of May, 2026, and was adopted at a regular meeting of the City Council of the City of Upland held on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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J DEVELOPMENT CODE
j. Properties fronting on East 9th Street- Development Standards

1. Building Height
a. Buildings located within 50 feet of the 9th Street right-of-way shall not exceed:
i. Two (2)stories, and
ii. 30 feet in overall height.

2. Street Edge & Setback Requirements
a. Minimum front setback along 9th Street shall be 20 feet.Architectural features, such as porches, stoops, bay windows may extend up to 4 feet into the front yard setback. b. Minimum side yard setback shall be 5 feet.
c. Minimum rear yard setback shall be 5 feet.
d. Porches, stoops, and pedestrian entries are encouraged along 9th Street to maintain a residential street rhythm.
e. No parking, garage doors, or vehicle access shall be permitted in the required front setback area.

3. Vehicle Access & Circulation
a. No vehicle access, driveways, or garage entrances shall be allowed from 9th Street. b. Existing drive approaches along 9th Street shall be removed at the time of any new development project, major redevelopment project, or the establishment of a new use. c. All vehicular access for parcels facing 9th Street shall occur from:
i. Side streets, or
ii. Alleys, or
iii. Internal drive aisles (if part of a larger subdivision).

4. Architectural Compatibility
a. All new development adjacent to 9th Street shall incorporate Craftsman-style architectural features, including:
i. Low-pitched gable and/or hip roofs with varied roof lines ii. Exposed rafter tails and decorative brackets
iii. Deep covered porches and recessed entries
iv. Earth-tone, natural, or muted color palettes
v. Window groupings consistent with Craftsman proportions b. Stucco-only façades are prohibited; façades must include at least two materials, such as:
i. Horizontal lap siding
ii. Shingles
iii. Brick or stone detailing
5-34.1 City of Upland Historic Downtown Upland Specific Plan

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J DEVELOPMENT CODE
iv. Fiber-cement or wood clapboard
c. Mechanical, electrical, or rooftop equipment shall be fully screened and out of public view.

5. Massing &Articulation
a. Buildings along 9th Street must break up façades exceeding 30 feet in width through:
i. Offsets of a minimum of 2 feet,
ii. Changes in roof planes,
iii. Varied materials, and
iv. Window pattern variation.

6. Upper stories must include design techniques that reduce perceived height, such as:
a. Step-backs,
b. Dormers,
c. Roof pitch changes,
d. Balcony recesses.

7. Buffering & Privacy Protection
a. A landscaped buffer of 10 feet minimum shall be installed between multifamily development and any adjacent single-family parcel.

8. Noise & Mechanical Equipment Placement

9. Mechanical units, trash enclosures, and tenant service areas shall be located away from 9th Street and adjacent single-family properties.

10. Porch/Door Orientation
a. Require buildings facing 9th Street to include:
i. Primary pedestrian entrances facing the street
ii. Craftsman porch forms
5-34.2 City of Upland Historic Downtown Upland Specific Plan

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Development Code
H. Definitions
This section provides definitions of terms and phrases used in this Downtown Code that are technical or specialized, or that may not reflect common usage.

If any of the definitions in this section conflict with definitions in the Unified Development Code or other provisions of the UMC, these definitions shall control for the purposes of this Development Code. If a word is not defined in this section, or in other provisions of the UMC, the Development Services Director shall determine the correct definition.

Definitions, "A".

A-Frame sign. A portable sign that is designed to stand independently and is intended to attract pedestrians into shopping areas.

Accessory building. A detached subordinate building or a portion of the main building, the use of which is customarily incidental to that of the main building or to the primary use of the land, and which is located on the same lot as the main building or primary use.

Accessory building (habitable). An accessory building, other than a second dwelling unit, which is designed and intended to be regularly used for the purposes of living,sleeping and eating.

Accessory building (nonhabitable). An accessory building which is not designed or intended to be regularly used for the purposes of living, sleeping, or eating.

Accessory Structure, Temporary. A portable, collapsible, or otherwise impermanent structure made of canvas,vinyl,aluminum,wood, metal,or similar materials;subject to the provisions of the UMC.

Accessory use. A use incidental to, related to, appropriate and clearly subordinate to the primary use of the lot or building,which accessory use does not alter the primary use of the lot or building or adversely affect other properties in the area.

Adaptive reuse. The conversion of historic or culturally-significant buildings 5-78 City of Upland I Historic Downtown Upland Specific

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Development Code 3
from their original or most recent use to a new use.

Affordable housing. Housing that costs no more than 30 percent of a household's monthly income. That means rent and utilities in an apartment or the monthly mort-gage payment and housing expenses for a homeowner should be less than 30 percent of a household's monthly income to be considered affordable.

Historic Downtown Upland Specific Plan I City of 5-79

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Development Code
Alcoholic beverage sales. The retail sale of any alcoholic beverage for off- premise consumption.

Alley. A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular and pedestrian access to abutting property.

Animal sales and services (boarding). An establishment that performs on- premise medi-cal and non-medical care of animals, including animal grooming, with overnight care or boarding of animals.

Animal sales and services (non-boarding).An establishment that performs on- premise medical and non-medical care of animals, including animal grooming, without any over-night care or boarding of animals.

Architectural feature. Any portion of the outer surface of a structure, including the kind, color and texture of the building material; the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials; and other fixtures appurtenant to the essential elements of a structure, such as an antenna, tower or chimneys attached to a rooftop.

Automated teller machine (ATM). A computerized, self-service machine that is used for financial transactions such as deposits, withdrawals and fund transfers.

Automotive service related use. A retail or service commercial place of business engaged in the supplying of goods and services associated with the operations and maintenance of motor vehicles and the fulfilling of motorists fleet needs, including, but not limited to, the following: the sale of motor fuels or petroleum products; the per-formance of major or minor automotive maintenance and repair; the sale and servicing of tires, batteries, automotive parts and accessories, and audio-video components and equipment; car washing and oil lubrication services; and the supplying of other incidental customer services and products.

Awning sign. A sign painted onto the canvas or valance of an awning. 5-80 City of Upland I Historic Downtown Upland Specific

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Development Code
Definitions, "B".

Bank or financial services. A financial institution such as a bank, credit agency or lending institution.

Bar or nightclub. A commercial establishment where the primary purpose is the sale and on-site consumption of alcoholic beverages. Entertainment, dancing, music, or social drinking may be provided as principal activities. Any food service offered shall be incidental and subordinate to the sale of alcoholic beverages. Alcoholic beverage sales shall constitute the principal business activity of the establishment and may exceed fifty percent (50%) of the establishment's total gross sales. Such establishments commonly operate under licenses issued by the California Department of Alcoholic Beverage Control authorizing on-sale alcoholic beverage service for drinking establishments, including but not limited to a Type 40 (On-Sale Beer), Type 42 (On-Sale Beer & Wine — Public Premises), Type 48 (On-Sale General — Public Premises), or Type 61 (On-Sale Beer — Public Premises) License or similar license type. The possession of an alcoholic beverage license shall not by itself determine land use classification; the operational characteristics of the establishment shall control.

Beauty salon or barbershop. An establishment providing personal services, such as hairdressing, manicuring, facial treatment, and massage.

Bed and breakfast. An owner- or manager-occupied residence that provides more than five guest rooms.

Block. A parcel of land bounded on all sides by public streets, highways, freeways, railroad rights-of-way, flood control channels, creeks, washes, rivers or acreage unsub-divided into urban lots, or any combination thereof.

Business support services. An establishment within a completely enclosed building that provides services that are necessary to other businesses, such as blueprinting, computer rental and repair,copying, mailing and mailbox services, messenger services,and tem-porary employment.

Building. A permanently located structure having a roof (all forms of vehicles excluded.)
Historic Downtown Upland Specific Plan I City of 5-81

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Development Code
Definitions, "C".

Canopy sign. Any sign placed on or supported entirely by a rigid or nonrigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure; or any sign attached to or suspended under any rigid or nonrigid portion or support of a building or other structure.

Does not include establishments such as bars or restaurants that offer live entertainment, dancing, gaming tables or machines to their customers. Does not include gymnasiums and similar facilities, which are consid-ered "health/fitness facilities." Does not include adult businesses.

Commercial recreation (outdoor). Any establishment that provides outdoor entertain-ment activities for a fee or admission charge, including amusement parks, miniature golf courses and swimming pools. Does not include facilities operated by a public agency, which are considered "park or recreational facilities" regardless of whether they require a fee or admission charge.

Convenience store. A retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience and travelers feet shop-ping needs.

Cultural use (assembly). An auditorium, theater or similar indoor facility that is open to the public and is used primarily for religious services, films, performances or presenta-tions. Includes churches, civic theaters, facilities for live theatrical performances, and concert and movie theaters. Does not include facilities for sporting events, which are considered "commercial recreation." Does not include adult businesses.
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Cultural use (non-assembly). A facility that is open to the public and presents, displays, or exhibits material of cultural interest that are typically available throughout the day, such as an art gallery, aquarium, library, museum or zoo.

Definitions, "D".

Day care center (small). Any facility that provides non-medical care and supervision of less than 15 minor children for periods of less than 24 hours; that does not qualify as a family day care facility; and that meets the licensing requirements of the State.

Day care center (large). Any facility that provides non-medical care and supervision of 15 or more minor children for periods of less than 24 hours;that does not qualify as a family day care facility; and that meets the licensing requirements of the State.

Designated cultural resource. See definition in the UMC.

Development, New. The establishment of a new land use; the construction of a build-ing or structure, and all alterations to existing site improvements or structures.

Development intensity. The number of dwelling units per acre (du/acre) for resi- dential development and the floor-area ratio (FAR) for non-residential development. Residential density is calculated by dividing the total number of dwelling units by site acreage. Density shall be calculated on a project-wide basis.

Floor-area ratio (FAR) is defined as the floor area of the building divided by the total project site area.

Distillery/Brewery (Craft Distillery / Craft Brewery). A facility engaged in the production, fermentation, distillation, and/or packaging of beer, ale, spirits, or other alcoholic beverages that includes a public tasting room or taproom as the primary use, with production activities serving as an accessory component to support on-site consumption. Such establishments may include accessory uses such as retail sales of packaged beverages, merchandise, and limited food service, provided that the establishment primarily functions as a tasting room open to the public. All production, fermentation, distillation, storage, and packaging activities shall occur entirely within an enclosed building and shall be operated in a manner that does not generate excessive noise, odors, or other impacts incompatible with surrounding commercial, residential, or mixed-use properties within the Historic Downtown Upland Specific Plan area.

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Dwelling unit. An integrated assembly of one or more rooms, in addition to a kitchen and bathroom, in a dwelling or apartment house designed for or occupied by one family for living or sleeping purposes, and containing only one kitchen.

Dwelling unit, multi-family residential.A development that provides multiple attached or detached dwelling units for occupancy by more than one family either on a single parcel of land, such as apartment complexes, or within a subdivision, such as condominiums and planned unit developments.

Dwelling unit, single-family residential. A detached residential dwelling unit that provides complete, independent living facilities on a single parcel of land, is designed for occu-pancy exclusively by one family, and has direct vehicular and pedestrian access from a public roadway.

Definitions, "F".

Fully shielded (full cutoff) luminaire. A luminaire emitting no light above the horizontal plane.

Definitions, "G".

Gas station. Any building or site used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of services and minor repairs to vehicles, not including painting, body work or fender work. A gas sta-tion may include food and beverage sales, as well as a car wash, as an accessory use.

Glare. Intense and blinding light that causes visual discomfort or disability.

Government office. Any office development used primarily for government business or operations.

Grocery store. A commercial development that includes one or more of the following uses: grocery department, meat market,drug department, liquor sales department, fruit and vegetable department, and sections or departments for 5-84 City of Upland I Historic Downtown Upland Specific

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the sale of incidental items of a convenient type.

Definitions, "H".

Hanging sign.A sign suspended from or supported from a building or structure project-ing out there from more than 1 foot.

Health/fitness facility. A fitness center, gymnasium, or health and athletic club, which may include any of the following: free weights; a swimming area, sauna, spa or hot tub facilities; indoor tennis, handball, racquet ball, archery or shooting ranges and other indoor sport activities.

Height. The vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof, or does not adversely affect the uses permitted in the district of which it is a part.

Hotel (limited stay). A building designed for temporary occupancy, not to exceed 14 consecutive days, by individuals in guest rooms or suites who are lodged for compensation. A limited stay hotel may include accessory uses including swimming pools and spas, gyms, meeting facilities and retail uses.

Definitions, "I".

Instructional or production studio. A small-scale establishment for the instruction or production of art,including dance, painting, photography, music,sculpture and related arts, and that provides no more than two instructional spaces or facilities for no more than 20 artists at any one time. Larger facilities shall be considered "commercial recre-ation—indoor." The term "instructional or production studio" also includes studios for gymnastics, martial arts, yoga or similar activities, provided that they do not also offer fitness equipment similar to a gym.

Definitions, "L".

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Landscape lighting. Luminaries mounted in or at grade (but not more than 3.5 feet above grade) and used solely for landscape rather than any other area lighting.

Light industrial. A small-scale manufacturing, fabrication, processing, assembly, or repair use conducted entirely within an enclosed building and designed to be compatible with a pedestrian-oriented commercial district. Such uses shall be limited to operations that generate minimal traffic, noise, vibration, dust, smoke, odors, glare, or other environmental impacts and that do not adversely affect adjacent commercial, residential, or mixed-use properties. Typical uses may include artisan manufacturing, small-scale product assembly, food production or packaging, printing and publishing, furniture making or repair, technology fabrication or repair, studio workshops or maker spaces, research and development activities, and office uses associated with the industrial activity. All operations, storage, and processing shall occur within an enclosed building, and outdoor storage of materials or equipment is prohibited. Truck deliveries or freight movements shall be limited to no more than five (5) truck trips per day, excluding standard parcel delivery vehicles. Uses shall not generate excessive noise, odors, vibration, smoke, dust, glare, or hazardous emissions detectable beyond the property boundary and shall be compatible with the historic character and pedestrian-oriented environment of the Historic Downtown Upland Specific Plan area, including compliance with applicable design and operational standards. Heavy manufacturing, warehousing, distribution centers, trucking terminals, recycling facilities, and similar high-impact industrial uses shall not be permitted.

Live/work. A multiple-story, independent dwelling unit, either attached or detached, with a ground floor that is designed and built to be used for non- residential purposes and accommodate the public; the ground floor is not intended to be a home office or accommodate only home-based businesses. 5-86 City of Upland I Historic Downtown Upland Specific

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Live Entertainment/Dancing. A musical, theatrical, dance, cabaret, readings or comedy act performed by or participated in by one or more persons on a site three or more days during a calendar year. This includes disc jockeys playing recorded music and danc-ing by patrons to live or recorded music. Live entertainment does not include the term "adult entertainment facility"or"adult entertainment establishment."
Loading space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley, or other appropriate means of ingress or egress.

Luminaire (light fixture). A complete lighting unit consisting of one or more electric lamps, the lamp holder, any reflector or lens, ballast (if any), and any other components and accessories.

Definitions, "M".

Major alteration. A physical modification to the exterior of a structure or a site that is more extensive in scope than a minor alteration or has a substantial visual impact in relation to the total design of the project. Major alterations typically include changes to building massing, building height, cladding the exterior walls in new materials, and extensive replacement of windows and doors, changes to site layout or landscaping, or other features with a new or unoriginal design in a structure or site.

Marquee sign. Any sign attached to and made part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall, and generally designed and constructed to provide protection against the weather.

Medical or dental laboratory. A facility that provides medical, dental, mental health, surgical and other personal health services for outpatients on a walk-in basis, including urgent care facilities, as well as medical laboratories that perform X-rays and conduct testing of specimens from walk-in patients. Does not include hospitals or other facilities that provide more intensive emergency Historic Downtown Upland Specific Plan I City of 5-87

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or inpatient care.

Medical or dental office. A facility that provides medical, dental, mental health, surgi-cal and other personal health services for outpatients, where appointments are typi-cally scheduled in advance rather than on a walk-in basis. May also include a medical laboratory that performs X-rays and conducts testing of specimens. Does not include hospitals or other facilities that provide more intensive emergency or inpatient care. 5-88 City of Upland I Historic Downtown Upland Specific

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Minor alteration.A physical modification to the exterior of a structure or a site that is limited in scope or has a minor visual impact in relation to the total design of the proj-ect. Minor alterations typically include the repainting of existing buildings and structures and the installation of or replacement of awnings, landscaping, lighting fixtures, roofing, limited portions of building materials, minor mechanical equipment, new storefront systems, and walls and fencing.

Mixed-use development. A development that provides both residential and nonresi-dential uses on the same site. It may include a vertical mix of uses, with dwelling units located above nonresidential uses,as well as a horizontal mix of uses, with dwelling units located adjacent to or behind nonresidential uses.

Monument sign. A low-profile freestanding sign connected to the ground with a solid base, and which reflects and complements the architectural theme of the buildings on the same property.

Motel (limited stay). A building designed primarily for the temporary accommodation of transient automobile travelers, not to exceed 14 consecutive days, by individuals in guest rooms or suites who are lodged for compensation.

Multi-family residential. A development that provides multiple attached or detached dwelling units within one subdivision for occupancy by more than one family. This may include, but is not limited to, condominiums, apartment complexes, and planned unit developments.

Definitions, "0".

Obtrusive light. Spill light that causes glare, annoyance, discomfort, or loss of visual ability. Light Pollution.

Definitions, "P".

Park or recreational facility. A non-commercial, outdoor recreational facility that is open to the general public and provides active or passive recreational opportunities.

Parking space. Any area which is usable and accessible for parking for one motor vehicle. A parking space excludes driveways, ramps, columns, loading areas, and office, laundry or work areas.

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Parking- structured. Any off-street parking structure that is available for public parking or storage of vehicles, whether for free or for compensation. Does not include parking that is designated for a specific business or group of businesses. 5-90 City of Upland I Historic Downtown Upland Specific

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Parking- surface. Any off-street lot that is available for public parking or storage of vehicles, whether for free or for compensation. Does not include parking that is desig-nated for a specific business or group of businesses.

Personal services. An establishment other than a "professional office" that provides services to individuals as a primary use, and that may sell products related to these services as an accessory use, including dry-cleaning services, landromats, clothing rental, home electronics and small appliance repair, shoe repair shops, and tailors.

Plaque sign. A small version of a wall sign that is attached to surfaces adjacent to shop front entries.

Professional office. An establishment providing direct, "over-the-counter" services to consumers (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. This use does not include Banks and Financial Services.

Projecting sign.Any sign other than a wall sign affixed to any building or wall,a portion of which extends beyond such building or wall by more than 1.5 feet.

Projections and encroachments. Architectural elements of a building that may project into required setback areas or encroach into the public right-of-way as specified for each district. Projections and encroachments may include architectural features (cornices, eaves, chimneys, bay windows, mechanical equipment, roof overhang, etc.), awnings, canopies, porches,stoops, balconies, bay windows, fences, hedges and landscape archi-tectural features, as specified for each district.

Public Art. Works of art, such as street sculpture, murals and lighting, as well as the design of street furniture and surfaces to improve the public realm and contribute to the character and identity of a place.

Public facility. A facility operated by a public agency for the purpose of carrying out public services and operations, such as a police station or library.

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Definitions, "Q".

Qualified street frontage. The width of the storefront of a non-residential development fronting on a thoroughfare. In cases of corner or through lots, only one street frontage may be used as qualified street frontage for purposes of calculating permitted sign area.
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Definitions, "R".

Residential care facility. Any family home, group care facility or similar facility for 24-hour nonmedical care of persons in need of personal services, supervision or assis-tance essential for sustaining the activities of daily living or for the protection of the individual. Includes convalescent homes, self-help group homes, non-hospital type care for the mentally and physically handicapped, or drug abuse facilities.

Restaurant (fast food). A restaurant where food is customarily ordered by patrons while standing at a window or counter located inside a building and where food is con-sumed on or off the premises. This use does not include drive-through establishments.

Restaurant (full-service, sit-down).A bona fide eating establishment whose primary use is the preparation and service of meals to the public for on-premises consumption. The establishment shall maintain a fully equipped kitchen located on the premises and a dining area with tables and seating for customers. Meals shall be available and served during all hours the establishment is open for business. The sale of alcoholic beverages may occur in conjunction with the service of meals and shall be incidental to the restaurant use. At no time shall alcoholic beverage sales substantially exceed fifty percent (50%) of the establishment's total gross sales. An establishment with a Type 48 ABC license shall not be considered a restaurant under this definition. Establishments operating as bars, nightclubs, or drinking establishments where the primary activity is the sale or consumption of alcoholic beverages are not considered restaurants.

Restaurant sign. A sign that incorporates a menu containing a listing of products and pricing offered by a business.

Retail store, general.A retail establishment that sells a variety of merchandise and is not otherwise identified in this chapter as a unique retail use, including antique stores, appli-ance and electronics stores, beauty supply stores, bicycle stores with incidental repair, bookstores, camera shops with incidental developing, drugstores, ice cream stores, department stores, dressmaking shops, hardware stores, florists, picture frame shops, retail bakeries, upholstery shops and any use of like kind or character.

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businesses that differentiate themselves from formula or general retail through product type, design, presentation, or customer interaction. The Development Services Director shall determine on a case by case basis if a proposed retail use fits within this definition.

Definitions, "S".

School. Any public or private, grade or secondary school which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state of California,and including high schools, junior high schools and elementary schools.

Second dwelling unit. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A second dwelling unit shall be of a permanent character and shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the permitted single-family main dwelling is situated.

Senior housing. A residential development that provides multiple dwelling units for occupancy exclusively by senior citizens.

Setback. The minimum required distance between any structure and a specified line such as a lot, public or private right-of-way, easement, future street right-of-way or buf-fer line that is required to remain free of structures unless otherwise specified herein.

Sidewalk café. An area adjacent to an existing street level eating establishment within the area of the public right-of-way that is established in conjunction with the use of the abutting property for dining, drinking and circulation therein. A sidewalk cafe may provide either waiter or waitress service or self-service.

Sign. Any device, fixture, surface, or structure of any kind or character, displaying let-ters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows, or lights, or any other illustrative or graphic display designated, constructed, or placed on the ground, on a building canopy, wall, post or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying, or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, 5-94 City of Upland I Historic Downtown Upland Specific

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person or activity, whether located on the site, in any structure on the site, or in any other location.

Sign area. The entire area within a rectangle or series of rectangles enclosing the extreme limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the dis-play or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed, and superfi-cial, nonilluminated column covers, ornamental trim, and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reason- able amount of nonencompassed open area.

Single-family residential (attached or detached). A residential dwelling unit that pro-vides complete, independent living facilities on the property, is designed for occupancy exclusively by one family, and provides direct vehicular and pedestrian access from the roadway.

Specialty food store. A retail establishment that sells only specialized types of foods. This includes but is not limited to imported food stores and general retail stores that specialize in products other than consumable products. A specialty food store is not a grocery store that sells a wide variety of common staple food items to qualify for government supplemental nutrition programs.

Spill light. Light from a lighting installation that falls outside the boundaries of the prop-erty on which it is located. Usually results in obtrusive light.

Street. A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley which affords the principal means of access to abutting property including an avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as Historic Downtown Upland Specific Plan I City of 5-95

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excluded in this Specific Plan.

Structure. Anything which is constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner.

Structural alterations. Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles, or retaining walls or similar components.

Definitions, "T".

Temporary sign. Any sign constructed of wood, paper, cloth, canvas or other similar lightweight material, with or without frames, and all others, including painted windows intended to be displayed for a limited period of time.

Tenant directory sign. A sign on which the names and locations of occupants or the use of a building is given.

Townhouse or townhome. A single-family dwelling with party walls and no side yards between abutting dwellings.

Transparency. The percentage of a wall that is transparent. Ensuring a pedestrian-friendly street frontage requires buildings containing retail, office, or other active ground-level uses to provide a minimum percentage of street wall transparency, in order for these uses to get the amount of visibility required for healthy business operation. The percentage of ground floor transparency is specific to certain uses and must follow the standards defined for each district.

Definitions, "U".

Urgent care facility. A facility dedicated to the delivery of medical care outside of a hospital emergency department, usually on an unscheduled, walk-in basis.
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Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

Used Merchandise. A retail establishment that sells a variety of secondhand merchan-dise, including thrift and antique stores, but excluding pawn shops.

Definitions, "W".

Wall sign. Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building, and which displays only one advertising surface.

Window sign. An advertising sign painted, attached, glued or otherwise affixed to either the exterior or interior side of a window, having copy visible from a public street, right-of-way or parking lot.

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H. Definitions
This section provides definitions of terms and phrases used in this Downtown Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in the Unified Development Code or other provisions of the UMC,these definitions shall control for the purposes of this Development Code. If a word is not defined in this section, or in other provisions of the UMC,the Development Services Director shall determine the correct definition.

Definitions, "A".

A-Frame sign. A portable sign that is designed to stand independently and is intended to attract pedestrians into shopping areas.

Accessory building.A detached subordinate building or a portion of the main building, the use of which is customarily incidental to that of the main building or to the primary use of the land,and which is located on the same lot as the main building or primary use.

Accessory building(habitable).An accessory building,other than a second dwelling unit, which is designed and intended to be regularly used for the purposes of living,sleeping and eating.

Accessory building (nonhabitable). An accessory building which is not designed or intended to be regularly used for the purposes of living, sleeping, or eating.

Accessory Structure,Temporary. A portable,collapsible,or otherwise impermanent structure made of canvas,vinyl,aluminum,wood, metal,or similar materials;subject to the provisions of the UMC.

Accessory use. A use incidental to, related to,appropriate and clearly subordinate to the primary use of the lot or building,which accessory use does not alter the primary use of the lot or building or adversely affect other properties in the area.

Adaptive reuse. The conversion of historic or culturally-significant buildings from their original or most recent use to a new use.

Affordable housing. Housing that costs no more than 30 percent of a household's monthly income. That means rent and utilities in an apartment or the monthly mort- gage payment and housing expenses for a homeowner should be less than 30 percent of a household's monthly income to be considered affordable. 5-78 City of Upland I Historic Downtown Upland Specific Plan

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Alcoholic beverage sales. The retail sale of any alcoholic beverage for off-premise consumption.

Alley. A public or private way,at the rear or side of property,permanently reserved as a means of secondary vehicular and pedestrian access to abutting property.

Animal sales and services(boarding).An establishment that performs on-premise medi- cal and non-medical care of animals,including animal grooming,with overnight care or boarding of animals.

Animal sales and services(non-boarding).An establishment that performs on-premise medical and non-medical care of animals, including animal grooming,without any over- night care or boarding of animals.

Architectural feature. Any portion of the outer surface of a structure,including the kind, color and texture of the building material;the type and style of all windows,doors,lights, signs,walls,fences,awnings,canopies,screens,sculptures,decoration, roof shape and materials;and other fixtures appurtenant to the essential elements of a structure,such as an antenna,tower or chimneys attached to a rooftop.

Automated teller machine (ATM). A computerized, self-service machine that is used for financial transactions such as deposits,withdrawals and fund transfers.

Automotive service related use. A retail or service commercial place of business engaged in the supplying of goods and services associated with the operations and maintenance of motor vehicles and the fulfilling of motorists fleet needs,including,but not limited to,the following:the sale of motor fuels or petroleum products;the per- formance of major or minor automotive maintenance and repair;the sale and servicing of tires, batteries, automotive parts and accessories, and audio-video components and equipment;car washing and oil lubrication services;and the supplying of other incidental customer services and products.

Awning sign. A sign painted onto the canvas or valance of an awning.

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Definitions, "B".

Bank or financial services. A financial institution such as a bank,credit agency or lending institution.

Bar or nightclub.Any bar,cocktail lounge,dancchall or similar establishment that pro vides live entertainment in conjunction with alcoholic beverage sales,and that is not part of a larger restaurant.Includes bars,taverns,pubs and similar establishments where any food service is subordinate to the sale of alcoholic beverages. A commercial establishment where the primary purpose is the sale and on-site consumption of alcoholic beverages. Entertainment, dancing, music, or social drinking may be provided as principal activities. Any food service offered shall be incidental and subordinate to the sale of alcoholic beverages. Alcoholic beverage sales shall constitute the principal business activity of the establishment and may exceed fifty percent (50%) of the establishment's total gross sales. Such establishments commonly operate under licenses issued by the California Department of Alcoholic Beverage Control authorizing on-sale alcoholic beverage service for drinking establishments, including but not limited to a Type 40 (On-Sale Beer), Type 42 (On- Sale Beer&Wine— Public Premises), Type 48 (On-Sale General — Public Premises), or Type 61 (On-Sale Beer — Public Premises) License or similar license type. The possession of an alcoholic beverage license shall not by itself determine land use classification;the operational characteristics of the establishment shall control.

Beauty salon or barbershop. An establishment providing personal services, such as hairdressing, manicuring,facial treatment, and massage.

Bed and breakfast.An owner-or manager-occupied residence that provides more than five guest rooms.

Block. A parcel of land bounded on all sides by public streets, highways, freeways, railroad rights-of-way,flood control channels,creeks,washes, rivers or acreage unsub- divided into urban lots, or any combination thereof.

Business support services. An establishment within a completely enclosed building that provides services that are necessary to other businesses,such as blueprinting, computer rental and repair,copying, mailing and mailbox services, messenger services,and tem- porary employment.

Building. A permanently located structure having a roof(all forms of vehicles excluded.) 5-80 City of Upland I Historic Downtown Upland Specific Plan

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Definitions, "C".

Canopy sign.Any sign placed on or supported entirely by a rigid or nonrigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure;or any sign attached to or suspended under any rigid or nonrigid portion or support of a building or other structure.

Commercial recreation (indoor). Any establishment that provides indoor entertain- ment activities as a primary use for a fee or admission charge, including archery ranges, billiard halls as a primary use,bowling alleys,electronic game arcades with four or more machines,shooting galleries,and skating rinks. Does not include establishments such as bars or restaurants that offer live entertainment, dancing,gaming tables or machines to their customers. Does not include gymnasiums and similar facilities,which are consid- ered "health/fitness facilities." Does not include adult businesses.

Commercial recreation (outdoor). Any establishment that provides outdoor entertain- ment activities for a fee or admission charge, including amusement parks, miniature golf courses and swimming pools. Does not include facilities operated by a public agency, which are considered "park or recreational facilities" regardless of whether they require a fee or admission charge.

Convenience store. A retail store of 3,500 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience and travelers feet shop-ping needs.

Cultural use(assembly). An auditorium,theater or similar indoor facility that is open to the public and is used primarily for religious services, films, performances or presenta-tions.

Includes churches, civic theaters, facilities for live theatrical performances, and concert and movie theaters. Does not include facilities for sporting events,which are considered "commercial recreation." Does not include adult businesses.

Cultural use (non-assembly).A facility that is open to the public and presents,displays, or exhibits material of cultural interest that are typically available throughout the day, such as an art gallery, aquarium, library, museum or zoo.

Definitions, "D".

Day care center(small).Any facility that provides non-medical care and supervision of less than 15 minor children for periods of less than 24 hours;that does not qualify as a family day care facility; and that meets the licensing requirements of the State.

Day care center(large). Any facility that provides non-medical care and supervision of 15 or more minor children for periods of less than 24 hours;that does not qualify as a family day care facility; and that meets the licensing requirements of the State.

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Designated cultural resource.See definition in the UMC.

Development, New. The establishment of a new land use;the construction of a build- ing or structure,and all alterations to existing site improvements or structures.

Development intensity. The number of dwelling units per acre (du/acre) for resi- dential development and the floor-area ratio (FAR)for non-residential development.

Residential density is calculated by dividing the total number of dwelling units by site acreage. Density shall be calculated on a project-wide basis. Floor-area ratio(FAR) is defined as the floor area of the building divided by the total project site area.

Distillery/Brewery (Craft Distillery / Craft Brewery). A facility engaged in the production, fermentation, distillation, and/or packaging of beer, ale, spirits, or other alcoholic beverages that includes a public tasting room or taproom as the primary use, with production activities serving as an accessory component to support on- site consumption. Such establishments may include accessory uses such as retail sales of packaged beverages, merchandise, and limited food service, provided that the establishment primarily functions as a tasting room open to the public. All production, fermentation, distillation, storage, and packaging activities shall occur entirely within an enclosed building and shall be operated in a manner that does not generate excessive noise, odors, or other impacts incompatible with surrounding commercial, residential, or mixed-use properties within the Historic Downtown Upland Specific Plan area.

Dwelling unit. An integrated assembly of one or more rooms,in addition to a kitchen and bathroom,in a dwelling or apartment house designed for or occupied by one family for living or sleeping purposes, and containing only one kitchen.

Dwelling unit, multi-family residential.A development that provides multiple attached or detached dwelling units for occupancy by more than one family either on a single parcel of land, such as apartment complexes,or within a subdivision,such as condominiums and planned unit developments.

Dwelling unit, single-family residential.A detached residential dwelling unit that provides complete, independent living facilities on a single parcel of land, is designed for occu- pancy exclusively by one family,and has direct vehicular and pedestrian access from a public roadway.

Definitions, "F".

Fully shielded(full cutoff) luminaire.A luminaire emitting no light above the horizontal plane.
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Definitions, "G".

Gas station. Any building or site used primarily for the retail sale and dispensation of motor fuels,lubricants and motor vehicle accessories,and the rendering of services and minor repairs to vehicles,not including painting,body work or fender work.A gas sta- tion may include food and beverage sales, as well as a car wash, as an accessory use.

Glare. Intense and blinding light that causes visual discomfort or disability.

Government office. Any office development used primarily for government business or operations.

Grocery store. A commercial development that includes one or more of the following uses:grocery department, meat market, drug department, liquor sales department,fruit and vegetable department,and sections or departments for the sale of incidental items of a convenient type.

Definitions, "H".

Hanging sign.A sign suspended from or supported from a building or structure project- ing out there from more than I foot.

Health/fitness facility. A fitness center,gymnasium, or health and athletic club,which may include any of the following:free weights;a swimming area,sauna,spa or hot tub facilities; indoor tennis, handball, racquet ball, archery or shooting ranges and other indoor sport activities.

Height. The vertical distance measured from the adjoining curb level to the highest point of the structure,exclusive of chimneys and ventilators;provided,however,that where buildings are set back from the street line,the height shall be measured from the average elevation of the finished grade at the front of the building.

Home occupation. Any use customarily conducted entirely within a dwelling and car- ried on by the inhabitants thereof,which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof, or does not adversely affect the uses permitted in the district of which it is a part.

Hotel (limited stay). A building designed for temporary occupancy, not to exceed 14 consecutive days,by individuals in guest rooms or suites who are lodged for compen- sation. A limited stay hotel may include accessory uses including swimming pools and spas,gyms, meeting facilities and retail uses.

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1 Development Code
Definitions, "I".

Instructional or production studio. A small-scale establishment for the instruction or production of art,including dance,painting,photography,music,sculpture and related arts,and that provides no more than two instructional spaces or facilities for no more than 20 artists at any one time. Larger facilities shall be considered"commercial recre- ation—indoor."The term"instructional or production studio"also includes studios for gymnastics, martial arts,yoga or similar activities, provided that they do not also offer fitness equipment similar to a gym.

Definitions, "L".

Landscape lighting. Luminaries mounted in or at grade (but not more than 3.5 feet above grade) and used solely for landscape rather than any other area lighting.

Light industrial.Any officc and industrial uses that produce minimal traffic,noise,odors, or pollutants. Permitted land uses include light manufacturing,assembly,processing and office. A small-scale manufacturing, fabrication, processing, assembly, or repair use conducted entirely within an enclosed building and designed to be compatible with a pedestrian-oriented commercial district. Such uses shall be limited to operations that generate minimal traffic, noise, vibration, dust, smoke, odors, glare, or other environmental impacts and that do not adversely affect adjacent commercial, residential, or mixed-use properties.Typical uses may include artisan manufacturing, small-scale product assembly, food production or packaging, printing and publishing, furniture making or repair, technology fabrication or repair, studio workshops or maker spaces, research and development activities, and office uses associated with the industrial activity. All operations, storage, and processing shall occur within an enclosed building, and outdoor storage of materials or equipment is prohibited.

Truck deliveries or freight movements shall be limited to no more than five (5) truck trips per day, excluding standard parcel delivery vehicles. Uses shall not generate excessive noise, odors, vibration, smoke, dust, glare, or hazardous emissions detectable beyond the property boundary and shall be compatible with the historic character and pedestrian-oriented environment of the Historic Downtown Upland Specific Plan area, including compliance with applicable design and operational standards. Heavy manufacturing, warehousing, distribution centers, trucking terminals, recycling facilities, and similar high-impact industrial uses shall not be permitted.

Live/work. A multiple-story, independent dwelling unit, either attached or detached, with a ground floor that is designed and built to be used for non-residential purposes and accommodate the public;the ground floor is not intended to be a home office or accommodate only home-based businesses.
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Live Entertainment/Dancing.A musical,theatrical,dance,cabaret,readings or comedy act performed by or participated in by one or more persons on a site three or more days during a calendar year.This includes disc jockeys playing recorded music and danc- ing by patrons to live or recorded music.Live entertainment does not include the term "adult entertainment facility"or"adult entertainment establishment." Loading space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings,for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley, or other appropriate means of ingress or egress.

Luminaire (light fixture). A complete lighting unit consisting of one or more electric lamps,the lamp holder,any reflector or lens,ballast(if any),and any other components and accessories.

Definitions, "M".

Major alteration. A physical modification to the exterior of a structure or a site that is more extensive in scope than a minor alteration or has a substantial visual impact in relation to the total design of the project. Major alterations typically include changes to building massing, building height, cladding the exterior walls in new materials, and extensive replacement of windows and doors,changes to site layout or landscaping,or other features with a new or unoriginal design in a structure or site.

Marquee sign. Any sign attached to and made part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall,and generally designed and constructed to provide protection against the weather.

Medical or dental laboratory. A facility that provides medical, dental, mental health, surgical and other personal health services for outpatients on a walk-in basis,including urgent care facilities,as well as medical laboratories that perform X-rays and conduct testing of specimens from walk-in patients.Does not include hospitals or other facilities that provide more intensive emergency or inpatient care.

Medical or dental office. A facility that provides medical, dental, mental health, surgi- cal and other personal health services for outpatients, where appointments are typi- cally scheduled in advance rather than on a walk-in basis. May also include a medical laboratory that performs X-rays and conducts testing of specimens. Does not include hospitals or other facilities that provide more intensive emergency or inpatient care.

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1 Development Code
Minor alteration.A physical modification to the exterior of a structure or a site that is limited in scope or has a minor visual impact in relation to the total design of the proj- ect.Minor alterations typically include the repainting of existing buildings and structures and the installation of or replacement of awnings, landscaping, lighting fixtures, roofing, limited portions of building materials, minor mechanical equipment, new storefront systems, and walls and fencing.

Mixed-use development. A development that provides both residential and nonresi- dential uses on the same site. It may include a vertical mix of uses,with dwelling units located above nonresidential uses,as well as a horizontal mix of uses,with dwelling units located adjacent to or behind nonresidential uses.

Monument sign. A low-profile freestanding sign connected to the ground with a solid base,and which reflects and complements the architectural theme of the buildings on the same property.

Motel (limited stay). A building designed primarily for the temporary accommodation of transient automobile travelers,not to exceed 14 consecutive days,by individuals in guest rooms or suites who are lodged for compensation.

Multi-family residential. A development that provides multiple attached or detached dwelling units within one subdivision for occupancy by more than one family. This may include, but is not limited to, condominiums,apartment complexes, and planned unit developments.

Definitions, "0".

Obtrusive light. Spill light that causes glare, annoyance, discomfort, or loss of visual ability. Light Pollution.

Definitions, "P".

Park or recreational facility. A non-commercial,outdoor recreational facility that is open to the general public and provides active or passive recreational opportunities.

Parking space. Any area which is usable and accessible for parking for one motor vehicle. A parking space excludes driveways, ramps,columns, loading areas,and office, laundry or work areas.

Parking-structured. Any off-street parking structure that is available for public parking or storage of vehicles,whether for free or for compensation. Does not include parking that is designated for a specific business or group of businesses. 5-86 City of Upland I Historic Downtown Upland Specific Plan

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Development Code I
Parking- surface. Any off-street lot that is available for public parking or storage of vehicles,whether for free or for compensation. Does not include parking that is desig- nated for a specific business or group of businesses.

Personal services. An establishment other than a"professional office"that provides services to individuals as a primary use, and that may sell products related to these services as an accessory use, including dry-cleaning services, landromats, clothing rental, home electronics and small appliance repair, shoe repair shops, and tailors.

Plaque sign. A small version of a wall sign that is attached to surfaces adjacent to shop front entries.

Professional office.An establishment providing direct,"over-the-counter"services to consumers (e.g., insurance agencies, real estate offices,travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. This use does not include Banks and Financial Services.

Projecting sign.Any sign other than a wall sign affixed to any building or wall,a portion of which extends beyond such building or wall by more than 1.5 feet.

Projections and encroachments.Architectural elements of a building that may project into required setback areas or encroach into the public right-of-way as specified for each district. Projections and encroachments may include architectural features (cornices, eaves, chimneys, bay windows, mechanical equipment, roof overhang, etc.), awnings, canopies, porches,stoops, balconies, bay windows,fences, hedges and landscape archi- tectural features, as specified for each district.

Public facility. A facility operated by a public agency for the purpose of carrying out public services and operations, such as a police station or library.

Definitions, "Q".

Qualified street frontage.The width of the storefront of a non-residential development fronting on a thoroughfare. In cases of corner or through lots,only one street frontage may be used as qualified street frontage for purposes of calculating permitted sign area.

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1 Development Code
Definitions, "R".

Residential care facility. Any family home, group care facility or similar facility for 24-hour nonmedical care of persons in need of personal services,supervision or assis- tance essential for sustaining the activities of daily living or for the protection of the individual. Includes convalescent homes,self-help group homes, non-hospital type care for the mentally and physically handicapped, or drug abuse facilities.

Restaurant (fast food). A restaurant where food is customarily ordered by patrons while standing at a window or counter located inside a building and where food is con- sumed on or off the premises. This use does not include drive-through establishments.

Restaurant(full-service,sit-down).A restaurant where food is customarily prepared on the premises and food orders arc taken by and served to patrons by a waiter or wait ress while the patron is seated at a table or dining counter located inside the restaurant.

A bona fide eating establishment whose primary use is the preparation and service of meals to the public for on-premises consumption. The establishment shall maintain a fully equipped kitchen located on the premises and a dining area with tables and seating for customers. Meals shall be available and served during all hours the establishment is open for business. The sale of alcoholic beverages may occur in conjunction with the service of meals and shall be incidental to the restaurant use. At no time shall alcoholic beverage sales substantially exceed fifty percent (50%) of the establishment's total gross sales. An establishment with a Type 48 ABC license shall not be considered a restaurant under this definition. Establishments operating as bars, nightclubs, or drinking establishments where the primary activity is the sale or consumption of alcoholic beverages are not considered restaurants.

Restaurant sign. A sign that incorporates a menu containing a listing of products and pricing offered by a business.

Retail store,general.A retail establishment that sells a variety of merchandise and is not otherwise identified in this chapter as a unique retail use,including antique stores,appli- ance and electronics stores, beauty supply stores, bicycle stores with incidental repair, bookstores, camera shops with incidental developing, drugstores, ice cream stores, department stores,dressmaking shops,hardware stores,florists,picture frame shops, retail bakeries, upholstery shops and any use of like kind or character.

Retail Store, Unique. A retail establishment that offers specialty, handcrafted, locally produced, or niche goods, or provides a distinct customer experience that contributes to the character and vitality of a pedestrian-oriented commercial district. Unique retail uses are typically independently operated or small-scale businesses that differentiate themselves from formula or general retail through product type, design, presentation, or customer interaction. The Development Services Director shall determine on a case by case basis if a proposed retail use fits within this definition.

Definitions, "S".

School. Any public or private, grade or secondary school which offers instruction in the several branches of learning and study required to be taught in the public schools 5-88 City of Upland I Historic Downtown Upland Specific Plan

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Development Code 1
by the Education Code of the state of California,and including high schools,junior high schools and elementary schools.

Second dwelling unit. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons.A second dwelling unit shall be of a permanent character and shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the permitted single- family main dwelling is situated.

Senior housing. A residential development that provides multiple dwelling units for occupancy exclusively by senior citizens.

Setback. The minimum required distance between any structure and a specified line such as a lot, public or private right-of-way, easement,future street right-of-way or buf-fer line that is required to remain free of structures unless otherwise specified herein.

Sign. Any device, fixture, surface, or structure of any kind or character, displaying let-ters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows, or lights, or any other illustrative or graphic display designated, constructed, or placed on the ground,on a building canopy,wall, post or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying, or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site,in any structure on the site,or in any other location.

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1 Development Code
Single-family residential (attached or detached). A residential dwelling unit that pro- vides complete, independent living facilities on the property, is designed for occupancy exclusively by one family, and provides direct vehicular and pedestrian access from the roadway.

Specialty food store. A retail establishment that sells only specialized types of foods.

This includes but is not limited to imported food stores and general retail stores that specialize in products other than consumable products. A specialty food store is not a grocery store that sells a wide variety of common staple food items to qualify for government supplemental nutrition programs.

Spill light. Light from a lighting installation that falls outside the boundaries of the prop- erty on which it is located. Usually results in obtrusive light.

Street. A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such,other than an alley which affords the principal means of access to abutting property including an avenue,place,way,drive,lane,boulevard,highway,road and any other thoroughfare, except as excluded in this Specific Plan.

Structure. Anything which is constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner.

Structural alterations. Any change in the supporting members of a building,such as in a bearing wall,column,beam or girder,floor or ceiling joists,roof rafters,roof diaphragms, roof trusses,foundations,piles,or retaining walls or similar components.

Definitions, "T".

Temporary sign. Any sign constructed of wood, paper,cloth,canvas or other similar lightweight material,with or without frames, and all others, including painted windows intended to be displayed for a limited period of time.

Tenant directory sign. A sign on which the names and locations of occupants or the use of a building is given.

Townhouse or townhome. A single-family dwelling with party walls and no side yards between abutting dwellings.
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Development Code I
Transparency. The percentage of a wall that is transparent. Ensuring a pedestrian- friendly street frontage requires buildings containing retail, office,or other active ground- level uses to provide a minimum percentage of street wall transparency, in order for these uses to get the amount of visibility required for healthy business operation. The percentage of ground floor transparency is specific to certain uses and must follow the standards defined for each district.

Definitions, "U".

Urgent care facility. A facility dedicated to the delivery of medical care outside of a hospital emergency department, usually on an unscheduled,walk-in basis.

Use. The purpose for which land or a building is arranged,designed,or intended,or for which either land or building is or may be occupied or maintained.

Used Merchandise. A retail establishment that sells a variety of secondhand merchan- dise, including thrift and antique stores, but excluding pawn shops.

Definitions, "W".

Wall sign. Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of,the outside wall of any building and supported by such wall or building, and which displays only one advertising surface.

Window sign.An advertising sign painted,attached,glued or otherwise affixed to either the exterior or interior side of a window,having copy visible from a public street, right- of-way or parking lot.

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I DEVELOPMENT CODE
Table 5-1 Permitted Land Uses
Key to Permit Requirements P=
Permitted Use
4 C=Conditional Use Permit Required 2 3 U
LE 1- 2 .

A=Administrative Use Permit Required LE O w x
3 a = a = a = a = a = a = a a Cs' a
ILo a o a o a o a o a o a o a o a o a o a
0 CD CD CD CD CD C7 CD CD CD Residential
Multi-family Residential P P p2 P P P P PPP PPPP P Residential Care Facility P P P P
Accessory Dwelling Unit12 PPPP
Senior Housing P P P P P P PPP PPPP P
Single-Family Residential P P P P P3 P3 P P Institutional
Cultural Use(Assembly) A A A A A A A A A A AA A A Cultural Use(Non-Assembly) P PP P P P PP PP PP P P Government Office P PP P P P PP PP P PP
Park or Recreational Facility P P P P P PP P 41 P P Public Facility P PP P P P PP PP PPP P
School CCCCCCCC CCCCCC
Commercial
i
Adult Business Subject to Chapter 17.20 of the Municipal Code Alcoholic Beverage Sales(Off-Site, 25%GFA C CC CCC CC C C devoted to sale of alcohol)
Animal Sales&Services(boarding) P P P P P Animal Sales&Services(non-boarding) P PP P P P PP P P ATM PPPPPPPP PPPP
Bank or Financial Services P Ir PP P P PP P P Bar or Night Club C CC C C C CC C C
Commercial Recreation/Entertainment (indoor) P PP P P P PP P P Commercial Recreation/Entertainment (outdoor) P P P P P P Convenience Store P PP P P P PP P P
Distillery/Brewery A A A A A A A A A A
Grocery Store P PP P P P P P P
Health/Fitness Facility Pr P P P PIP P P P P Pi L Instructional or Production Studio P PP P P P PP P PI I Live Entertainment/Dancing4 C CC CC C CC C C Personal Services(excluding salon/barbershop) P PP P P P PP P P Restaurant(fast food,excluding drive-through) P PP P A A PP P P Restaurant(full service,sit-down,serving no P PP P P P PP P P� alcohol)
1 DEVELOPMENT CODE

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Historic Downtown Upland Specific Plan I City of Upland 5-4

Table 5-1 Permitted Land Uses (Continued)
Land Us- Permitted Uses by District
L
Key to Permit E
Requirements P=
o
Permitted Use
c.

C=Conditional Use Permit Required
m=Minor Conditional Use Permit
Required
-c a1 c a1 c a1 c a c a c a c a cI c iu c a0 = o_ = o_ = o_ = o_ = o_ = o_ = o_ = = o = no o o o o o o o o o o o o o o o o o o 1 ° 0 ° C1 ° 0DODODODO )
CD D
Commercial(Continued) _ _
Restaurant(full service,sit-down,serving alcohol) A AA A AA A A A A Retail Store,General PP PP PP PP P P
Retail Store,Unique A A AA AA A A A A
Salon/Barbershop A A AA AA A A A A
Sidewalk Cafes P P P P
Specialty Food Store PP PP PP PP P P
Unique Retail A A AA AA A A A A
Office/Professional
Business Support Services PP PP P PPP P P P
Medical or Dental Laboratory P PA P P P P C C Medical or Dental Office PP PP P P P P P Urgent Care Facility P P P P
Home Occupation6 P P P P P P P PP PP PPP PP Professional Office PP PP P P P P P
Other
Accessory Uses(habitable) P P P P P P P P P P P P Accessory Uses(nonhabitable) P P P P P P P P P P P P Bed&Breakfast' PP PP P P P
Day Care Center-Small C C C CCCC
Day Care Center-Large C C C C C
Hotel(limited stay) P PP PPP P P
Motel(limited stay) P
Light Industrial A A A
Live/Work6 PP PP PP PP P P
Mixed-Uses PP PP PP PP P P
Outdoor Display of Merchandise10 P P
Parking-Surface P P P P P PP P P Parking-Structured PP PP PPP P P PP PPP PP
Wireless Communication Facilities11 PP PP PPP P P P P P 'Includes 1st Avenue Overlay 'Per Chapter 17.23 of Municipal Code '1st Avenue Overlay only 'Per Chapter 17.28 of Municipal Code 3Single-Family Residential in the Residential Transit District is subject to 'All habitable areas of the ground floor shall be devoted to and constructed to the Multi-Family Residential standards in Section E.2.Detached Single- accommodate non-residential uses as permitted in Table 5-1.Residential USE Family Residential shall comprise no more than 1/3 of total shall be on upper floors only. development in the Residential Transit District.
'Either as the sole use or in conjunction with a permitted or conditionally 10Per development standards within HDUSP Section(5)(F)(9) permitted use.
6Per Chapter 17.32 of Municipal Code Per Chapter 17.40 of Municipal Code 6Per Chapter 17.27 of Municipal Code 'Per Chapter 17.37 of Municipal Code

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5-I 0 City of Upland I Historic Downtown Upland Spotific Plan

1 DEVELOPMENT CODE
Table 5-1 Permitted Land Uses
IIII=Mllr-
Key to Permit Requirements P=
Permitted Use
C=Conditional Use Permit Required
= Administrative
mit Required
-
c dl c N c N c N c N c N c N c N c '6 c N a o a o a o a o a o a o a o Q 7 a O a
o a o a o a o a o a o a o a o a o a o a
0 Residential
Multi-family Residential P P p2 P P P P PPP PPPPP Residential Care Facility P P P P
Sec..ouidAccessory Dwelling Unit12 PPPP
Senior Housing P P P P P P PPP PPPPP
Single-Family Residential P P P P P3 P3 P P Institutional I
Cultural Use(Assembly) i M M in m m m ra m m m in m m A A A AAAAAAAAA A A
Cultural Use(Non-Assembly) P PP P P P PP PP PP P P Government Office P PPP PP PP PP P P
Park or Recreational Facility P P P P P P P P PP Public Facility P .P P P P P PP PP PPP P
School CCCCCCCC CCCCCC
Commercial
Adult Business Subject to Chapter 17.20 of the Municipal Code Alcoholic Beverage Sales(Off-Site, 25%GFA C CC CCC CC C C devoted to sale of alcohol)
Animal Sales&Services(boarding) P 1 P P P P P
il
Animal Sales&Services(non-boarding) P PPP PP PP P P ATM PPPPPPPP PPPP
Bank or Financial Services P PPP PP PP P P
Bar or Night Club C Cm m m m C C m m
CCCC C C
Commercial Recreation/Entertainment(indoor) P PPP PP PP P P Commercial Recreation/Entertainment P P P P P P (outdoor)
Convenience Store P PPP PP PP P P
Distillery/Brewery A AA A A A AA A A
Grocery Store P PP P P P P P P
Health/Fitness Facility P PPP PP PP PPP P
Instructional or Production Studio P PP P P P PP P P Live Entertainment/Dancing4 C CC C C C CC C C Personal Services(excluding salon/barbershop) P PP P P P PP P P Restaurant(fast food,excluding drive-through) P PP Pm in P P P P A A
Restaurant(full service,sit-down,serving no P PPP PP PP P P alcohol)

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Historic Downtown Upland Specific Plan l City of Upland 5.9

DEVELOPMENT CODE
Table 5-1 Permitted Land Uses(Continued)
Key to Permit
Requirements P
=Permitted Use
LL
to I
C=Conditional Use Permit Required d
m=Minor Conditional Use Permit a
Required

C C C C N C C C N C C N C = a = a = a = a 7 a 7 a 7 a = a = a = a
2 a o a o a o a o a o a o a o a o a o a
Commercial(Continued)
Restaurant(full service,sit-down,serving alcohol) m m m m m m m m m m AAAAAAAA A A
Retail Store,General PP PP PP PP P P
Retail Store,Unique A A AA AA A A A A
Salon/Barbershop m m m m mmmm m m
AAAAAAAA A A
Sidewalk Cafes P P P P
Specialty Food Store PP PP PP PP P P
Unique Retail A A AA AA A A A A
Office/Professional
Business Support Services PP PP P PPP P P P Medical or Dental Laboratory P P m P P P P C C A
Medical or Dental Office PP PP P P P P P Urgent Care Facility P P P P
Home Occupation° P P P P P P P PP PP PPP PP Professional Office PP PP P P P P P
Other
Accessory Uses(habitable) P P P P P P P P P P P P Accessory Uses(nonhabitable) P P P P P P P P P P P P Bed&Breakfast' PP PP P P P
Day Care Center-Small C C C CCCC
Day Care Center-Large C C C C C
Hotel(limited stay) PP PP P P P P P
Motel(limited stay) P P
Light Industrial PA PA PA
Live/Work8 PP PP PPPP P P
Mixed-Use9 PP PP PPPP P P
Outdoor Display of Merchandise10 P P
Parking-Surface P P P P P P P P P Parking-Structured PP PP PPP P P PP PPP PP
Wireless Communication Facilities1o11 PP PP PPP P P PP P 'Includes 1st Avenue Overlay 'Per Chapter 17.23 of Municipal Code 21st Avenue Overlay only 'Per Chapter 17.28 of Municipal Code 'Single-Family Residential in the Residential Transit District is subject to 'All habitable areas of the ground floor shall be devoted to and constructed to the Multi-Family Residential standards in Section E.2. Detached accommodate non-residential uses as permitted in Table 5-1.Residential uses Single-Family Residential shall comprise no more than 1/3 of total shall be on upper floors only. development in the Residential Transit District.
'Either as the sole use or in conjunction with a permitted or 10Per development standards within HDUSP Section(5)(F)(9) conditionally permitted use.
'Per Chapter 17.32 of Municipal Code 11Per Chapter 17.40 of Municipal Code 'Per Chapter 17.27 of Municipal Code 12Per Chapter 17.37 of Municipal Code

Page 225 of 480 ends

S-10 City of Upland I Historic Downtown Upland Specific Plan

°v °p`q� cITFUP LAND
oid "The City of Gracious Living"
DATE: May 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER

STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING UPLAND MUNICIPAL CODE CHAPTER 2.04 REGARDING POWERS AND DUTIES OF THE CITY MANAGER RECOMMENDED ACTION:

It is recommended that the City Council hold a first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 2.04 of the Upland Municipal Code as follows: 1)amending Section 2.04.070 subsection C and 2)adding Section 2.04.070 subsection D.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring that the Upland Municipal Code("UMC")is consistent with State Law and compliments current City practices,regulations,and policies.

BACKGROUND
Section 2.04.070 of the Upland Municipal Code establishes the powers and duties of the City Manager,which includes delegated authority to approve and execute certain"no cost" contracts on behalf of the City. The current ordinance authorizes the City Manager to approve and sign contracts for equipment,materials, supplies,and services provided the expenditure is authorized in the adopted budget and does not exceed$50,000 for any one vendor in the same fiscal year.

ISSUES AND ANALYSIS
Staff have identified opportunities to clarify the application of the City Manager's contracting authority and improve administrative efficiency for lower-dollar operational agreements. The proposed ordinance amends Section

2.04.070(C)to clarify that the City Manager's$50,000 contracting authority applies by project/event within the same fiscal year.The ordinance also adds a new subsection 2.04.070(D)authorizing Department Heads to approve and sign contracts up to $25,000 for budgeted expenditures, subject to reporting requirements to the City Manager and City Council.

Staff believe the proposed amendments will improve operational efficiency while maintaining appropriate fiscal oversight and accountability.

The proposed ordinance is intended to clarify administrative contracting authority and improve the efficiency of routine City operations while maintaining oversight and reporting requirements.

The amendment to Section 2.04.070(C) clarifies that the City Manager's existing $50,000 signing authority applies on a"by project/event"basis for any one vendor or professional during the same fiscal year.This clarification provides clearer guidance for the administration of contracts associated with separate projects,events,or operational activities and improves project-level accountability and expenditure tracking.

The proposed addition of Section 2.04.070(D) authorizes Department Heads to approve and sign contracts up to $25,000, provided the expenditures are authorized within the adopted budget. The proposed authority is limited in scope and includes administrative safeguards requiring Department Heads to notify the City Manager following contract execution and requiring the City Manager to continue providing monthly reports to the City Council regarding executed contracts.

The proposed amendments are intended to reduce administrative delays associated with lower-dollar routine contracts and operational purchases while preserving City Council oversight through the annual budget process and ongoing

Page 226 of 480 ends

reporting requirements. The ordinance does not authorize additional appropriations or expenditures beyond those approved by the City Council through the adopted budget.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA.The proposed action is not included within the definition of a"project" and thus is exempt.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 227 of 480 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, AMENDING CHAPTER 2.04 OF

THE UPLAND MUNICIPAL CODE REGARDING THE

POWERS AND DUTIES OF THE CITY MANAGER
WHEREAS, California Government Code Section 40602 permits city councils to authorize city officers other than the mayor to enter into written contracts on behalf of the city; and
WHEREAS, the City Council previously amended Chapter 2.04 of the Upland Municipal Code to authorize the City Manager to approve and sign certain contracts on behalf of the City when the expenditure is authorized in the current budget and the contract amount does not exceed $50,000; and
WHEREAS, the City Council finds that clarifying the application of delegated contracting authority by project or event will improve contract administration and operational efficiency; and
WHEREAS, the City Council further desires to authorize Department Heads to approve and sign certain contracts not exceeding $25,000 when the expenditure is authorized in the current budget; and
WHEREAS, the City Council finds that limited Department Head contracting authority, subject to City Manager notification and City Council reporting requirements, will improve administrative efficiency and maintain oversight and transparency; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

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

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

SECTION 2, Section 2.04.070 of Chapter 2.04 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:
"2.04.070. Powers and duties.

In addition to his or her general powers as administrative head, and not as limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.200, inclusive.

B. Under Government Code Section 40602(b), the mayor is vested with the

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authority to sign all written contracts and conveyances made or entered into by the city while the city council may provide by ordinance that written contracts and conveyances may be signed by an officer other than the mayor. Therefore, the city manager may sign any written contract or conveyance on behalf of the city whenever the city council so authorizes the city manager by motion or resolution subject to such condition or limitation that the city council may impose upon such authority to the city manager.

C. The city manager also may approve and sign a contract on behalf of the city for the purchase of equipment, materials, supplies or services provided the expenditure for same is authorized by the current annual budget and the contract amount does not exceed $50,000.00 for any one vendor or professional, by project/event, in the same fiscal year. Additionally, the city manager may also approve and sign contracts between the city and other government agencies and non-profit organizations that are "no cost" to the city and do not impose or assume any liability to the city that it would not otherwise have in the absence of the contract. The city manager shall notify the city council in writing at least once per month of the execution of any contracts executed by the city manager for the city.

D. Department heads may approve and sign contracts on behalf of the city for the purchase of equipment, materials, supplies or services provided the expenditure is authorized by the current annual budget and the contract amount does not exceed $25,000.00 for any one vendor or professional, by project, in the same fiscal year. Department heads shall notify the city manager in writing immediately following the execution of any contracts in accordance with this subsection. The city manager shall notify the city council in writing at least once per month of contracts executed in accordance with this subsection."
SECTION 3. Certification. City Clerk of the City of Upland shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 4. CEQA. The Mayor and City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision,

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paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED, and ADOPTED this day of 2026.

Bill Velto, Mayor
City of Upland
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 26th 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:

Keri Johnson, City Clerk

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2.04.070. Powers and duties.

A. The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this code. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.200, inclusive.

B. Under Government Code Section 40602(b), the mayor is vested with the authority to sign all written contracts and conveyances made or entered into by the city while the city council may provide by ordinance that written contracts and conveyances may be signed by an officer other than the mayor. Therefore, the city manager may sign any written contract or conveyance on behalf of the city whenever the city council so authorizes the city manager by motion or resolution subject to such condition or limitation that the city council may impose upon such authority to the city manager.

Additionally, the city manager may also approve and sign contracts between the city and other government agencies and non-profit organizations that are "no cost" to the city and do not impose or assume any liability to the city that it would not otherwise have in the absence of the contract. The city manager shall notify the city council in writing at least once per month of the execution of any contracts executed by the city manager for the city.

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ADMINISTRATIVE POLICY AND PROCEDURE Number 214
Effective 09/12/2022
Revised 05/06/2026
Previous Number

PURCHASING POLICY
Table of Contents

1. PURPOSE 1

2. POLICY 1

3. PURCHASING SYSTEM OVERVIEW 2

4. PURCHASING AUTHORITY 3

5. UNAUTHORIZED PURCHASES 4

6. PURCHASING EXEMPTIONS 4

7. FACTORS CONSIDERED WHEN SELECTING A VENDOR 5

8. REQUISITION / PO PROCESS 5

8.1. Purchase Requisition 5

8.2. Requisition Converted to Purchase Order 6

8.3. New Vendor 6

8.4. Change Orders 6

9. PURCHASING / BID PROCESS AND DOCUMENTATION 6

9.1. General 7

9.2. Blanket Purchase Orders 7

9.3. Contract Purchases Orders 8

9.4. Purchases Less Than or Equal to $10,000 8

9.5. Purchases Between $10,000 and $50,000 9

9.6. Purchases Over$50,000 9

10. BIDDING FOR PUBLIC PROJECTS 10

10.1. General Instructions 11

10.2. Notice Inviting Bids 11

10.3. Bid Opening Procedure 13

10.4. Award of Bids 14

10.5. Lowest Responsible Bidder 14

10.6. Tie Bids 15

10.7. Rejection of Bids 15

10.8. Bid Protest 16

11. VENDOR REQUIREMENTS 16

11.1. Business License 16

11.2. Insurance 16

11.3. Secretary of State Registration 17

11.4. Contractor License 17

11.6. California Department of Industrial Relations (DIR) Registration 17

12. BID PROCESS EXCEPTIONS AND DOCUMENTATION 17

12.1. Professional Services 17

12.2. Computer Software and Computer Repair 18

12.3. Sole Source & Exemption Procurement 18

12.4. Competitive Bidding Completed by Another Agency 18

12.5. Failure of the Successful Bidder to Execute the Contract 18

12.6. Bid Requirements Waived in Local Emergency Page 232 0480

12.7. Authority to Waive Any Step of Selection Process 18

13. PAYMENT METHODS AND DOCUMENTATION 19

13.1. Payment Request Form 19

13.2. Purchase Order 19

13.3. Equipment Purchases 20

14. CRITICAL SITUATION PROCUREMENT 20

14.1. Critical Situation During Regular Business Hours 20

14.2. Critical Situation During Non-Regular Business Hours 21

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PURCHASING POLICY

1. PURPOSE
In accordance with Chapter 2.48 of the Upland Municipal Code ("UMC"), the purpose of this Purchasing Policy (the "Policy") is to implement procedures to provide the City of Upland (the "City") a means of assuring continuity and uniformity in its purchasing operation, and to define the responsibilities for purchasing supplies, equipment, vehicles, maintenance, public works projects, and professional services for the City. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of purchasing activities. The basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources, including keeping within the budget authorized by the City Council.

2. POLICY
All purchases of supplies, equipment, vehicles, maintenance, public works projects, and professional services are governed by Chapter 2.48 of the UMC. This policy applies to all purchases, projects and services approved by the City Council through the annual budget process. Staff shall make reasonable efforts to contact qualified vendors.

All bid documents and contract agreements for projects or services purchased with federal grants as a full or partial funding mechanism will include all federal requirements and stipulations as mandated by the funding organization.

No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal, State, or City funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the City shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to sub agreements (UMC

2.56.060).

All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition (UMC 2.48.050). The City of Upland shall be alert to organizational conflicts of interest, as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. An exception to this is when at least two contractors have given proposals or when the contractor has been identified as a unique sole source provider. Awards shall be made to the bidder whose offer is responsive to the solicitation and is most advantageous to the City, where price, quality and other factors are considered. Solicitations shall clearly set forth all requirements that the bidder shall fulfill in order for the bid or offer to be evaluated by the City. Any and all bids or offers may be rejected when it is in the City's best interest to do so.

Some form of cost or price analysis shall be made and documented in the procurement files in connection with every procurement action. Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts. Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocability and allowability.

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PURCHASING POLICY
In almost all cases when using any type of purchasing procedure, departments must receive bids from at least three vendors. In situations when fewer than three bids are received, a written explanation needs to accompany the requisition.

The recognized methods for procurement are: Cal Card, Purchase Order, Blanket Purchase Order, Demand for Payment, and Petty Cash.

3. PURCHASING SYSTEM OVERVIEW
➢ Prudent judgment required;
Less Than comparative pricing whenever
10,000 practical
$
(ovethe-c0nter) ➢ Bid award by department head via demand request or purchase
order
➢ Department solicits at least 3
General $10,000 to quotes(may be verbal as long
Purchases $50,000 — as documented)
(open market) ➢ Award by purchase order or
contract signed by City Manager
Includes supplies,
equipment,operating
or maintenance
services,and
construction projects ➢ Formal bidding required unless other than"Public exempted; encumber via
Projects". Over$50,000 contract or purchase order (formal) ➢ City Council approval for award
of bid or exemption required
➢ Prudent judgment required;
comparative pricing whenever
Less Than practical
$10,000 ➢ Bid award by department head
(over-the-counter) via demand request or purchase
order
➢ Department solicits at least 3
Professional quotes (may be verbal as long
Services $10,000 to as documented)
$50,000 ➢ Follow purchasing authority;
(open market) award by purchase order or
These are general contract signed by City Manager guidelines. The
Evaluation and
Selection of
professional services
may vary on a case- ➢ Formal bidding recommended; by-case basis. Over$50,000 encumber via contract and (formal) purchase order
➢ City Council approval required

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➢ Prudent judgment required;
Less Than comparative pricing whenever
$75,000 practical
(over-the-counter) ➢ Award by purchase order or contract signed by City Manager
Public $75,000 to ➢ Department solicits at least 3 written quotes
Projects $220,000
(open market) ➢ Award by purchase order or
contract signed by City Manager
> Formal bidding required unless
Over$220,000 exempted; encumber via
(formal) contract or purchase order
➢ City Council approval for award
of bid required

4. PURCHASING AUTHORITY
The following table defines the suggested purchasing authority by position. All approved signers need to have an Authorized Signature Form on file with the Purchasing Official which has been approved by their supervisor.

Purchasing Authority Position
Up to $10,000 Supervisory-Level Employees
Up to $15,000 Manager-Level Employees
Up to $25,000 Director-Level Employees
Up to $50,000 for non-public projects
Up to $220,000 for public projects City Manager
Purchases for non-public projects, services, vehicles, equipment, and supplies less than or equal to$25,000 are subject to a direct purchasing procedure and may be awarded by the Department Head. Managers may award purchases less than or equal to $15,000.

Purchases for non-public projects, services,vehicles, equipment, and supplies that are greater than $25,000 and less than or equal to $50,000 are awarded by the City Manager.

Purchases for non-public projects, services, vehicles, equipment, and supplies over$50,000 are subject to the purchasing procedures outlined in the UMC and are awarded by the City Council.

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Purchases of equipment, materials, supplies or services provided by any one vendor or professional, by project/event, over $50,000 in the same fiscal year are awarded by the City Council (UMC §2.04.070).

Purchases for public projects less than or equal to $220,000 are awarded by the City Manager.

Purchases for public projects greater than $220,000 are subject to the purchasing procedures outlined in the UMC and are awarded by the City Council.

This policy applies to all budgeted purchases, projects, and services.

5. UNAUTHORIZED PURCHASES
Except for urgencies, departmental purchases, or other authorized exemptions stated in these guidelines, no purchase of supplies, services, or equipment shall be made without an authorized purchase order. Otherwise:
• such purchases are void and not considered an obligation of the city. • invoices without an authorized purchase order may be returned to the vendor unpaid. • the person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract.

Purchase orders shall be issued prior to ordering supplies, equipment, and services and not"after the fact" for work already done or materials already ordered.

6. PURCHASING EXEMPTIONS
Certain purchases are not readily adaptable to the informal and formal bidding process. These purchases are generally for items where the competitive bid process is not applicable. In these instances, a purchase order would not be required. The following is a list of allowable exemptions to the purchasing process requirements:
• Advertisements and Notices • Petty Cash Replenishment • Attorney Services • Postage
• Bond Issuance Related Services • Property Rentals • City Attorney Services • Publications
• Courier/Delivery/Messenger • Public Agency Cost Shares Services • Real property/easement acquisition • Fuel • Subscriptions
• General Supply Stores • Trade Circulars or Books • Instructional Services Agreements • Training/Professional Development • Insurance Claims and Premiums Courses/Technical Licenses • Medical Payments • Travel Expenses
• Membership Dues • Utility Payments
• Organization Meetings • Water and Wastewater Treatment • Payments to Government Chemicals
Entities/Regulatory Agencies • Water Purchases/Assessments • Performing Arts Agreements

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7. FACTORS CONSIDERED WHEN SELECTING A VENDOR
Factors that may be considered when awarding bids shall include, but are not limited to:
• Clarity and understanding of project scope and how the project will benefit the community.
• The ability to meet requirements or bid specifications. • Familiarity with the type of project being undertaken. • Knowledge of and responsibility for and complying with pertinent laws and regulations governing the purchasing process.
• Experience providing the specified service, equipment, product, or vehicle. • List of references and past record of performance, including quality of work, ability to meet timelines, and cost control.
• Capacity to meet timelines of project or product delivery. • Cost of service or product to be provided relative to the timeframe proposed. • Local vendor preference. Local preference is desirable because it stimulates the local economy. All orders/contracts are awarded on the basis of quality, previous performance, ability to meet the contract requirements, availability of service and parts, delivery schedule, and payment terms/discounts. When all these factors are equal except price, a preference will be given to local vendors equal to one (1) percent or less (up to $1,000.00) of the quoted price. This applies to the purchase of goods/services, contracts and professional services; not public projects (as defined by California Public Contract Code Section 22002). The rationale is that the sales tax returns to the city general fund as revenue, effectively reducing the cost. (UMC Sec.

2.48.130).

8. REQUISITION / PO PROCESS

8.1. Purchase Requisition
The Purchase Requisition is used for authorizing the purchase of all materials, equipment, supplies and services cumulatively greater than $10,000 per vendor per department. The Purchase Requisition provides a space for vital information required before an order may be placed, and provides authorization to the Purchasing Official to make a commitment. Without this authorization, the Purchasing Official cannot commit funds.

1. The Purchase Requisition is the only order form used by the City of Upland.

2. To control spending by unauthorized users, Purchase Requisitions are to be used for all procurements where a Cal Card or Petty Cash have not been used.

3. The requesting party is to complete all requested information in the purchasing module. The Purchase Order Form is available to assist the requesting party to ensure all accounts numbers are included, as well as department approvals have been received.

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4. Information should be entered on the requisition as follows:
a. Department
b. Vendor No.
c. Ship to Code
d. Requested By
e. Comments, if needed
f. Account#
g. Under Detail Lines, requestor completes description, quantity, unit of measure, pricing, etc.

5. Contingency amounts should not be included in the original Purchase Requisition. Usage of contingency amounts should be submitted as Change Orders along with the justification for increased expenditures in the purchasing module.

6. The Department Head or Authorized Signer needs to approve the requisition.

7. The requesting party needs to send a copy of the approved requisition along with the quoted information to the Purchasing Official.

8.2. Requisition Converted to Purchase Order
Upon receipt of a requisition, the Purchasing Official will review the supplied documents for Purchase Order generation. If a Purchase Order is issued, a copy will be forwarded to the original requester.

8.3. New Vendor
If the supplier is a new vendor to the City, then a New Vendor Information Form will need to be completed and forwarded onto the Purchasing Official prior to ordering. A W-9 form on file with the City shall be verified or obtained.

8.4. Change Orders
Purchase Orders represent a contract between the City and the Vendor. Any substantial change to a Purchase Order shall be documented as a change order.

Change orders shall be reviewed by the Purchasing Official and shall be approved by the City Manager, if greater than $25,000. Any change order that results in the purchase order exceeding $50,000 must be approved by City Council.

A Purchase Order may not be increased by more than 10% or $2,500, whichever is less, without a change order, except for taxes, shipping and handling. Taxes, shipping, and handling may cause the Purchase Order to exceed the authorized purchase order amount. These items do not require a change order, even if they exceed 10% of the original purchase order amount.

The Purchase Order Form shall be used to change a quantity, description, size, color, vendor name or address, unit price, delivery location, terms and conditions, and to delete or add to the order. It shall also be used to terminate a Purchase Order and to correct errors in the original Purchase Order.

9. PURCHASING / BID PROCESS AND DOCUMENTATION

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PURCHASING POLICY

9.1. General
• Department Heads or their designees shall maintain a list of local vendors who have requested to be notified when bids for services, projects, equipment, and vehicles will be occurring.
• It is considered unlawful to split or separate purchases into smaller work units for the purpose of evading the provisions of UMC 2.48.160, requiring work to be done by contract after competitive bidding. A formal Request for Proposal (RFP) is to be added to the City's website to allow for public participation in the bidding process.
• For the purpose of determining which type of purchasing procedure should be used, project cost shall include the basic cost for the goods or services, as well as taxes, freight fees and any other incidental charges. • All departments shall procure printing and writing paper that contains at least 30% post-consumer recycled content and is recyclable in the City's curbside or commercial recycling program. This applies to all internal use and external print jobs, wherever practicable. Policy 220- Green Procurement

9.2. Blanket Purchase Orders
A Blanket Purchase Order is an agreement whereby the City contracts with a vendor to provide equipment or supplies on an as-needed and often over-the- counter basis. Blanket Purchase Orders provide a mechanism whereby items which are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials. Blanket Purchase Orders shall not be used to purchase services, capital assets, or items maintained in stock.

If used at the beginning of the fiscal year, departments may make arrangements with certain vendors to have open accounts. The Purchasing Official will need an appropriate requisition completed and all quotes and competitive bid backup documents prior to a Purchase Order being issued. Blanket Purchase Orders follow the same purchasing rules and authority levels as any other Purchase Order (UMC 2.48.060). Requests for Blanket Purchase Orders may also be submitted to the Finance Division on an as-needed basis. The Finance Division shall review Blanket Purchase Order requests based upon the following criteria:

1. Geographic location.

2. Responsiveness and capabilities.

3. Average dollar value and type of items to be purchased.

4. Frequency of need.

All Blanket Purchase Orders shall include the following information:
• A general description of the equipment or supplies which may be charged.
• The period of time the order will remain open, not to exceed one year. • The maximum total amount which may be charged on the purchase order.
• Requirement that the employee show City identification. • Requirement that employees print and sign their names when picking up goods.

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• Account number(s) to be charged.

Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.

9.3. Contract Purchases Orders
Contract Purchase Orders are the preferred method of purchasing repetitive-use items or services which may be common to several departments or within one department. Establishing Contract Purchase Orders provides a means of obtaining volume pricing based upon the combined needs of all departments, reduces the administrative costs associated with seeking redundant competitive bids and processing a Purchase Order each time an order is placed, and allows departments to order as needed, reducing the requirement to maintain large inventories of stock.

If a Contract Purchase Order exists, departments shall order all of their requirements from the successful vendor. No other source shall be used without prior approval of the Purchasing Officer. Departments shall submit, in writing to the Purchasing Division, any performance problem encountered immediately following the occurrence so that corrective action may be taken.

Contract Purchase Orders are annual and may include option for renewal for specific products, product types, or services at agreed upon prices or pricing structure and for a specified period of time.

As appropriate, Contract Purchase Orders should include:

1. Insurance certificate(s) naming the City of Upland as additional insured shall be obtained at a coverage level that is applicable to the City's exposure to liability (if any).

2. Copy of contractors or other type(s) of license(s) as applicable.

3. A valid City of Upland Business License or qualified vendor exception certificate shall be verified or obtained for any service performed or goods delivered.

9.4. Purchases Less Than or Equal to $10,000
(Over-the-counter: a purchase, usually of a limited dollar amount, made by buying from an available source, as opposed to buying from a vendor who has responded to an invitation to bid.)

1. Pricing quotes should be obtained but are not required for purchases less than $10,000. If price quotes are obtained, the department making the purchase must provide competitive pricing information from three vendors for a specified item and quantity thereof.

2. Prior to requesting a requisition for equipment purchases that will be made with federal funds, City staff shall perform a search of the Federal Excluded Parties List System (EPLS), available online at https://www.sam.gov , to ensure that vendor(s) are not listed. This task is to comply with Federal

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PURCHASING POLICY
procurement program policies and requirements. A screen print of the search results shall be used as supporting documentation to provide proof that the listing was checked. The screen print needs to be attached to the requisition for purchase order approval.

9.5. Purchases Between $10,000 and $50,000
(Open market: a request for price quotations for a commodity or services that does not require a sealed bid, public opening, or public reading of bids.)

1. Pricing quotes shall be obtained for all purchases, excluding professional services, greater than $10,000 and less than or equal to $50,000. The department making the purchase must provide competitive pricing information from three vendors for a specified item and quantity thereof.

The Quote/Bidding Summary Form should be used to summarize the bidding process and identify the lowest responsive bidder.

2. In the event that competitive bids are not obtained, a Sole Source & Exemption Form must be completed.

3. Insurance certificate(s) naming the City of Upland as additional insured shall be obtained at a coverage level that is applicable to the City's exposure to liability (if any).

4. Copy of contractors or other type(s) of license(s) as applicable.

5. A valid City of Upland Business License or qualified vendor exception certificate shall be verified or obtained for any service performed or goods delivered.

6. Prior to requesting a requisition for equipment purchases that will be made with federal funds, City staff shall perform a search of the Federal Excluded Parties List System (EPLS)—available online at https://www.sam.gov - to ensure that vendor(s) are not listed. This task is to comply with Federal procurement program policies and requirements. A screen print of the search results shall be used as supporting documentation to provide proof that the listing was checked. The screen print needs to be attached to the requisition for purchase order approval.

9.6. Purchases Over$50,000
(Formal: an RFP must be submitted in a sealed envelope and in conformance with a prescribed format to be opened publicly at a specified time, or submitted electronically through the electronic bidding system that the City utilizes UMC Sec.

2.48.090).

A. Notice Inviting Bids. Notices inviting bids shall include a general description of the article(s) to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

1. Posted notices. Notices inviting bids shall be posted at least ten (10) days before the date of the bid opening on the city's website. Notices inviting bids, requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable.

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B. Bidder's Security. When deemed necessary by the purchasing official, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within 10 days after the notice of award of the contract has been mailed unless, in the latter event, the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest responsible bidder, the amount of the lowest bidder's security differential shall be applied by the city to the contract price differential between the lowest and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects the remaining bids presented and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.

C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing official and shall be identified as "bid" on the envelope. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city utilizes, unless the purchasing official determines otherwise. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented, re-advertise for bids or authorize the purchasing official to award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any or all bids is expressly reserved to the city. The decision of the city council shall be final.

E. Award of Contracts. Except as otherwise stated in this section, contracts shall be awarded to the lowest responsible bidder. Contracts which involve public works exceeding the bid limits or are formally bid shall be awarded by the city council.

F. Tie Bids. If two or more bids received are for the same total or unit price, quality and service being equal, the city council may, at its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders.

G. Performance Bonds. The city council shall have authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids and the form of the bond shall be as determined by the city attorney.

H. Waiver of Defects. The city council shall have the right to waive any irregularities or informalities in the bidding or in the procedures as set forth in this chapter. No irregularity or informality shall void any contract.
a. Bidder's List. The Purchasing Official shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list or who have made a written request that their names be added to the bidder's list maintained by the Department Heads.

10. BIDDING FOR PUBLIC PROJECTS
Formal bidding for"public projects" is defined in the California Public Contract Code (PCC) Section 22002 and therefore requires substantively different procedures than those followed for projects

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Upland City CouncilMay 26, 2026

Upland City Council
May 26, 2026