Upland’s Tawdry Neighbor

City leaders take pride in Upland’s tree-lined streets, the town’s annual Lemon Festival and the farmers market that attracts families on Thursday nights.

But the “City of Gracious Living” has a problem with what some city officials consider an uncouth neighbor: a 342-acre unincorporated community that runs counter to Upland’s tranquil, family-friendly charm.

It is a mish-mash of aging homes, crammed alongside strip clubs, adult book stores, tattoo parlors, industrial parks and weed-covered lots.

For more than three decades, Upland has tried to annex all or part of the neighborhood known as College Heights in hopes of cleaning it up and collecting more property tax revenue.

But residents and business owners in the unincorporated community -- fearing that a city takeover could lead to higher utility bills and stricter building codes -- have rejected those advances, twice quashing the city’s annexation efforts.

Like a stubborn suitor, Upland is not giving up. It has filed plans to annex a 30-acre chunk of the area.

“We feel strongly that ultimately that area has to be developed and brought up to code,” said Upland Councilman Ray Musser.

Upland officials concede that money is a motivating factor.

If the city were to annex the entire 342-acre neighborhood, Upland could collect an additional $144,000 a year in property taxes, according to the Local Agency Formation Commission, the government agency that oversees annexations. By annexing just 30 acres, the city would gain nearly $33,000 a year in property taxes, according to LAFCO.

But Upland officials say residents and property owners in the unincorporated area would also benefit. They promise improved police and fire services, well-maintained streets, new sidewalks and gutters and a development plan that would push out some of the adult businesses.

The adult businesses and clubs in the area create an uninviting gateway into the western edge of Upland, said Councilman Kenneth W. Willis. “We would like to make that a much more attractive entrance to the city.”

Tony Burgess, manager of Sensations Love Boutique, an adult novelty shop in the area, said he has never had problems with the police and doesn’t know why city officials object to adult businesses.

“If they have a problem with adult businesses, they should talk to the adult businesses,” he said.

A spokesman for the San Bernardino County Sheriff’s Department said there has been no serious crime problem associated with the adult businesses in the unincorporated area.

It wouldn’t be the first time Upland has attempted to close an adult business. In 1990, it lost a legal fight to close the Tropical Lei, an all-nude club on Foothill Boulevard in the city of Upland, just across the street from the unincorporated area.”There is nothing to clean up because these businesses are doing no harm to the community,” said Roger Diamond, an attorney who represented Tropical Lei.

The 342-acre area -- bounded by Foothill Boulevard on the north, Benson Avenue on the east, Arrow Route on the south and the county border on the west -- has only 55 residents. About half of the land is vacant, with most of the rest used for commercial and industrial enterprises.

Since 1978, Upland has tried six times to annex all or part of the unincorporated area. In four of those efforts, the city succeeded in incorporating slivers of county land, for a total of about 26 acres. But voters in the community have twice rebuffed Upland’s plans to annex their neighborhood, in 1982 and again in November.

Under state law, an annexation plan can be killed if 50% of the voters object. During the last try, 85% of the voters signed letters of protest, ending the annexation effort.

Undaunted, Upland recently convinced LAFCO to waive a rule that requires a one-year waiting period between annexation efforts, allowing it to file plans to annex the 30-acre area near the corner of Benson Avenue and Arrow Route.

It has only five residents. When an area has fewer than 12 registered voters, state law says the authority to abort the annexation rests with landowners, not voters.

Stanley Hoffman, who owns an industrial park in the unincorporated area and opposes the annexation plan, charges that the city is now trying to annex the area piecemeal to nullify residents’ opposition.

“We are not going to be able to stop them if they take it small pieces at a time,” he said.

City officials concede that their goal is to annex the entire 342-acres one piece at a time, but they promise to do so with the support of the residents and landowners.

But getting that support has been difficult, because many say they are happy with their community’s unrefined feel.

“I like the way it is,” said Robert James Woodward, a souvenir salesman who rents a small home next to an industrial park. He has been there for five years. “I think it still looks nice.”

Residents also say they fear that an Upland takeover could mean higher fees for some municipal services.

A LAFCO study concluded that fees for sewer services, trash collection and business licenses would increase, while water rates would decline if Upland takes over.

“If it ain’t broken, why fix it?” said one longtime resident.