Applicant Award Amount
Mariposa County $75,000
Mendocino County $165,846
Merced County $242,717
Midway City Sanitary District $274,786
Modoc County $75,000
Montara Water & Sanitary District $75,000
Monterey County $277,986
Monterey Regional Waste Management District (dba ReGen
Monterey)
• City of Carmel-by-the-Sea
• City of Del Rey Oaks
• City of Marina
• City of Monterey
• City of Pacific Grove
• City of Sand City
• City of Seaside
• Pebble Beach Community Services District
$612,849
Mountain House Community Service District $75,000
Nevada County $182,132
Novato Sanitary District $163,454
Orange County $350,165
Oro Loma Sanitary District $357,637
Phelan Pinon Hills Community Services District $75,360
Placer County $297,821
Plumas County $75,000
Rancho Murieta Community Services District $75,000
Regional Waste Management Authority
• City of Live Oak
• City of Marysville
• City of Wheatland
• City of Yuba City
• Sutter County
• Yuba County
$667,656
Riverside County $1,048,132
Rodeo Sanitary District $75,000
Sacramento County $1,557,735
Salinas Valley Solid Waste Authority
• City of Gonzales
• City of Greenfield
• City of King City
• City of Salinas
• City of Soledad
$722,025
Applicant Award Amount
San Benito County Integrated Waste Management Regional
Agency
• City of Hollister
• City of San Juan Bautista
• San Benito County
$269,157
San Bernardino County $778,319
San Diego County $1,328,221
San Gabriel Valley Council of Governments
• City of Arcadia
• City of Azusa
• City of Baldwin Park
• City of Covina
• City of Duarte
• City of Glendora
• City of Irwindale
• City of La Canada Flintridge
• City of Monrovia
• City of Pomona
• City of Rosemead
• City of San Marino
• City of Sierra Madre
• City of South El Monte
• City of South Pasadena
• City of Temple City
• City of Walnut
• City of West Covina
$2,314,899
$2,389,899
San Joaquin County $416,125
San Luis Obispo County $321,734
San Luis Obispo County Integrated Waste Management
Authority
• Avila Beach Community Services District
• California Valley Community Service District
• Cambria Community Services District
• Cayucos Sanitary District
• City of Arroyo Grande
• City of Atascadero
• City of Grover Beach
• City of Morro Bay
• City of Paso Robles
• City of Pismo Beach
• City of San Luis Obispo
• Heritage Ranch Community Service District
• Los Osos Community Services District
• Nipomo Community Service District
$1,430,723
Applicant Award Amount
• Oceano Community Service District
• San Miguel Community Services District
• San Simeon Community Services District
• Templeton Community Service District
San Mateo County $165,976
Santa Barbara County $365,114
Santa Clara County $245,397
Santa Cruz County $338,133
Santa Lucia Community Services District $75,000
Shasta County
• City of Anderson
• City of Shasta Lake
$328,282
Siskiyou County
• City of Dorris
• City of Dunsmuir
• City of Etna
• City of Fort Jones
• City of Montague
• City of Mount Shasta
• City of Tulelake
• City of Weed
• City of Yreka
$750,000
Solano County $75,000
Sonoma County Waste Management Agency
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Sonoma County
• Town of Windsor
$1,537,564
Stanislaus County $292,184
Tamalpais Community Services District
• Almonte Sanitary District
• Alto Sanitary District
• Bolinas Community Public Utility District
• Homestead Valley Sanitary District
• Las Gallinas Valley Sanitary District
• Strawberry Recreation District
$535,781
Applicant Award Amount
Tehama County Solid Waste Management Agency
• City of Corning
• City of Red Bluff
• City of Tehama
• Tehama County
$340,333
Town of Apple Valley $202,280
Town of Atherton $75,000
Town of Colma $75,000
Town of Hillsborough $75,000
Town of Loomis $75,000
Town of Mammoth Lakes $75,000
Town of Paradise $75,000
Town of Portola Valley $75,000
Town of Truckee $75,000
Town of Woodside $75,000
Town of Yucca Valley $75,000
Tulare County $354,476
Tuolumne County
• City of Sonora
$211,328
Upper Valley Waste Management Agency
• City of Calistoga
• City of St Helena
• Napa County
• Town of Yountville
$300,000
Ventura County $246,469
West Contra Costa Integrated Waste Management Authority • City of Hercules
$76,194
West Valley Solid Waste Management Authority
• City of Campbell
• City of Monte Sereno
• City of Saratoga
• Town of Los Gatos
$374,757
Yolo County $99,195
Total Award $109,515,543
$109,590,543
Revisions were made to the RFA because one of the participating jurisdictions was not able to resolve the outstanding debt issue in time and were subsequently removed from the grant award.
Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the grant awards for the SB 1383 Local Assistance Grant Program as listed in Table 2. Each proposed grantee’s award is subject to three conditions:
1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.
2. The recommended grantee is responsible for submitting all outstanding documents required by CalRecycle during the application process, as well as those identified in the Application Guidelines and Instructions, prior to the release of funding.
3. The recommended grantee must have a valid Resolution in place within 60 days of the date of the award email.
Signed By: Karen Kayfetz, Acting Deputy Director May 30, 2024 Karen Kayfetz Dated
Acting Deputy Director
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRISTOPHER ALANIS, INTERIM PUBLIC WORKS DIRECTOR
NICOLE DEMOET, ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER SUBJECT: CONSIDER APPROVAL OF A RESOLUTION AMENDING THE REGIONAL SEWERAGE
SUPPLEMENTAL CAPITAL OUTLAY ANNUAL PASS-THROUGH FEE
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution amending the annual Regional Supplemental Capital Outlay Pass-Through fee to reflect an increase in the Inland Empire Utilities Agency fee from $8,132 to $8,620 per equivalent dwelling unit (EDU).
GOAL STATEMENT
The proposed action supports the City’s goal of establishing fair and equitable fees and charges for the use of the community’s sewers.
BACKGROUND
The City of Upland, together with three other cities/agencies, is a party to the “Regional Sewage Service Contract” with Inland Empire Utilities Agency (IEUA), for the treatment and disposal of its sewage. Under contract, U pland is obligated to fund its fair share of regional sewerage interceptor and treatment capacity improvements to mitigate impacts from new development. The City has consequently established a “Regional Sewerage Supplemental Capita l Outlay Fee” which is essentially a pass-through fee collected by the City for payment to IEUA. The fee is a sewer connection fee on development projects that will increase sewage effluent and does not apply to existing sewer utility customers.
The adoption of a sewer connection fee is subject to Government Code Sections 66013 and 66016, which do not have publication requirements. Staff worked with the City Clerk to provide notice to interested parties.
ISSUES AND ANALYSIS
On April 19th, 2023, the IEUA Board of Directors adopted Resolution No. 2023-4-3, increasing the capacity fee from $8,132 to $8,620 per EDU (a 6% increase), effective July 1, 2024. The City is required to adjust its capital outlay fee the same amount, to ensure that money will be available when IEUA makes capital calls or to ensure timely payment to IEUA upon requests for the funds held in the City’s Capital Capacity Reimbursement Account. The revenue is collected by the City from new development as a pass-through fee at the time of permit issuance, until IEUA formally makes a request for a withdrawal of the funds. The City is obligated under the provisions of the Regional Contract to provide the new connection fees on demand by IEUA.
ENVIRONMENTAL DETERMINATION
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 not potential for resulting in physical change to the environment, directly or indirectly.
FISCAL IMPACTS
The increase of the “Regional Sewerage Supplemental Capacity Outlay Fee” in the amount of $488 per EDU (From $8,132 to $8,620 per EDU) is fiscally neutral to the City of Upland. The pass-through fee will be collected from new development for payment to IEUA.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF UPLAND, CALIFORNIA,
AMENDING THE REGIONAL SEWERAGE SUPPLEMENTAL CAPITAL
OUTLAY FEE TO REFLECT AN INCREASE IN THE IEUA RATE
WHEREAS, the City of Upland is a party to the Regional Sewerage Service Contract, thereby necessitating the collection of certain fees needed to finance the maintenance and expansion of regional sewerage facilities operated by the Inland Empire Utilities Agency (hereinafter “IEUA”) and which serve the City of Upland; and
WHEREAS, on April 19, 2023, the Board of Directors of IEUA adopted new reimbursement rates applicable to the contracting agencies, including the City of Upland for Fiscal Year 2024/25 at $8,620/EDU effective July 1, 2024; and
WHEREAS, the City of Upland established a Regional Sewerage Supplemental Capital Outlay Fee for the purposes of funding its obligations under the Regional Sewerage Service Contract. Section 13.24.040 of the Upland Municipal Code provides that said fee may be set by resolution of the City Council. Based upon the increase of the Capital Capacity Reimbursement Payment referred to above, the City Council has determined that it is necessary to increase in a like amount, the City’s Regional Supplemental Capital Outlay Fee.
NOW, THEREFORE, the City Council of the City of Upland, California, hereby finds, determines and resolves as follows:
Section 1. All of the facts set forth in the recitals part of the Resolution, are true and correct.
Section 2. The Regional Sewerage Supplemental Capital Outlay Fee rate is set to $8,620 per EDU effective July 1, 2024.
Section 3. The new rates shall be paid prior to the issuance of a building permit or a sewer connection permit, whichever would be first issued.
Section 4. These rates shall remain in effect until amended by subsequent resolution of the City Council.
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book or original resolutions.
Section 8. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 24th day of June, 2024.
Bill Velto, Mayor
Resolution No.
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 24th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRISTOPHER ALANIS, INTERIM PUBLIC WORKS DIRECTOR
NICOLE DEMOET, ENVIRONMETAL COMPLIANCE PROGRAMS MANAGER
TANYA GARCIA, MANAGEMENT ANALYST
SUBJECT: SOLID WASTE RATE ANNUAL CPI INCREASE FOR SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council receive and file the notification of the solid waste annual CPI increase for services.
GOAL STATEMENT
The proposed action supports the City’s goal to ensure customer rates are cost effective, equitable, and generate the necessary revenue to cover operational, debt service, capital investments, and reserves to meet program requirements.
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 a not-for-profit public utility, the City of Upland establishes solid waste rates that provide sufficient revenue to cover operational, debt service, capital investments, and reserves necessary to meet program requirements.
These rates serve a multifaceted purpose. First and foremost, they are designed to provide sufficient revenue to cover the day-to-day operational costs of collecting, transporting, and disposing of solid waste in an environmentally responsible manner. Additionally, they allocate funds to franchise fees and service fees paid to the contracted waste hauler, Burrtec Waste Industries Inc. (Burrtec) for solid waste collection, processing, and disposal services.
ISSUES AND ANALYSIS
In the City’s contract with Burrtec, the hauler may request an increase annually for franchise and service fees based on the Consumer Price Index (CPI) – not to exceed five percent (5%). The disposal and processing fee adjustments are considered pass-thru fees. Burrtec has submitted the required documentation to the City requesting the CPI adjustment as provided for within the approved contract.
ENVIRONMENTAL DETERMINATION
This action 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 156060(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, directly or indirectly.
FISCAL IMPACTS
The fiscal impact associated with this action will be offset by the annual increases to the franchise agreement.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR
ALAN FRENCH, PRINCIPAL ENGINEER
SUBJECT: CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC.
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 2 to the agreement with TRANSTECH Engineers, Inc., increasing the annual contract amount by $20,000 for a total amount of $80,000 for FY 23/24.
GOAL STATEMENT
The proposed action supports the City’s goal of providing reliable, timely and efficient traffic engineering services for the Upland citizens.
BACKGROUND
The City of Upland utilizes on-call contract consultants to provide professional services and to augment existing staff levels. On September 27, 2021, the City Council approved a professional services agreement with TRANSTECH Engineers, Inc. (TRANSTECH) for services and staff augmentation. The original contract was for a five-year term with two City-optional one-year extensions and was for a contract amount of $60,000 for the five-year term for a total contract amount of $300,000.
Due to the value of the service, on June 30, 2022, the City Council approved Amendment No. 1 to the agreement with TRANSTECH which increased the annual contract amount by $8,000 for total annual amount of $68,000 per year.
This amendment allowed for additional plan check services to be done to complete projects already in process.
ISSUES AND ANALYSIS
TRANSTECH provides cost-effective services and has performed satisfactorily for the term of the contract. The services provided by TRANSTECH are dependent on the development activity and TRANSTECH was assigned work for several development projects that were in process. This was done to ensure continuity by allowing the process to be completed by the same plan checkers who have been reviewing the pro jects and avoiding unnecessary re-checks by a new plan checker. When assigning projects, there is no certainty when they will be submitted or re -submitted.
This can cause some lag in the process and skews time estimates used to assign projects to consultan ts. As a result, for the work assigned in FY 2023-24, TRANSTECH assignments exceeded the $68,000 as approved in Amendment No. 1 amount by an estimated $20,000.
Staff is requesting to reallocate $20,000 from the contract amount approved for Willdan’s contract for FY 2023-24 (reducing the total FY 2023-24 contract amount to $38,000) as Willdan’s projects have not been active or have been completed and they did not expend their contract amount. This will cover the TRANSTECH contract overage of FY 2023-24 (increasing the total FY 2023-24 contract amount to $85,000 and the total TRANSTECH contract to $368,000). The reallocation would not affect the overall budget amount and it will not affect either fiscal year budgets, as adequate funds were budgeted and are available.
ENVIRONMENTAL DETERMINATION
This contract amendment for plan checking servicing with the City is not considered a project under the California Environmental Quality Act (CEQA) regulations.
FISCAL IMPACTS
Funds have been adequately budgeted in the current fiscal year under the plan check account number 1015302-5252.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
AMENDMENT NO. 2 TO AGREEMENT
FOR PROFESSIONAL SERVICES WITH TRANSTECH CORPORATION
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of June 10, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and TRANSTECH Engineers, INC., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking and staff augmentation services (the "Original Agreement").
B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated June 30, 2022, to the Original Agreement “(the Original Agreement and Amendment No. 1 are hereafter collectively referred to as the “Amended Agreement”)” for the purpose of providing additional plan checking and staff augmentation services for an additional compensation of $8,000 for City fiscal year 2021/22 and the future fiscal years.
C. WHEREAS, the Parties now desire to amend the Amended Agreement in order to include additional plan checking and staff augmentation services and to include additional funds for the performance of the additional plan checking services in the amount of $20,000 for the City’s fiscal year 2023/24 for the performance of the additional plan checking services otherwise in accordance with the compensation provisions of the Amended Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Amended Agreement to the contrary, commencing July 1, 2023 for City fiscal year 2023/24 only, and for services rendered to City, (a) the fiscal year compensation shall not exceed $80,000, (b) the Schedule of Charges shall be as set forth in Exhibit “A-1” attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation for City fiscal year 2023/24 only, including Additional Work, shall not exceed $80,000 without approval by the City Council
3. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
4. Counterparts. This Amendment No. 2 may be signed in counterparts, each Page 126 of 201
of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF UPLAND CONSULTANT
TRANSTECH Engineers, Inc.
Michael Blay,
City Manager
APPROVED AS TO FORM:
Stephen Deitsch
Best Best & Krieger LLP
City Attorney
Name:
Title:
TRANSTECH Engineers, Inc.
Name:
Title:
ATTEST:
Keri Johnson
City Clerk
EXHIBIT A-1
ADDITIONAL PLAN CHECKING AND STAFF
AUGMENTATION SERVICES
[RATE SHEET ATTACHED]
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR
JAMIE DAVIDSON, MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC.
RECOMMENDED ACTION:
It is recommended that the City Council approve the Second Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. and authorize the City Manager to execute the Amendment.
GOAL STATEMENT
The proposed action supports the City’s goal to provide timely customer service and ensure an expedited development review process.
BACKGROUND
Since 2011, the Development Services Department has utilized professional consulting services to provide improved customer services and to provide flexible contract staffing in a fluctuating project workload environment. The professional services under the Agreement have helped to streamline the plan review and building permitting process.
Building permit fees and vacant positions’ salaries off-set general fund expenditures for the consultant services. The decision to utilize consultant services was based on a 2014 Blue Ribbon Committee’s recommendation and Upland’s staffing levels being typically lower than similar sized cities. Using contract employees allows the Development Services Department to better respond to changing demands for services from the development community.
On June 13, 2022, City Council approved a three-year Agreement with Interwest Consulting Group, Inc. (Interwest) for the service period of July 1, 2022 through June 31, 2025 (Exhibit C). The initial year (FY 2022-23) was not to exceed $230,000. The subsequent years two and three were to establish their annual limits in writing and approved as an amendment to the agreement. The First Amendment established year two (FY 2023-2024) was not to exceed $249,000 (see Exhibit B).
Currently, Interwest provides professional services for one contractor who provides Senior Plan Check Engineer services in the Building & Safety Division. Additionally, Interwest occasionally provides per diem consultant Building Official, Permit Technician, and Building Inspection services when employee vacations/sick leave and project workload necessitate temporary services, as defined within the agreement.
ISSUES AND ANALYSIS
To ensure the services that Interwest provides to the Development Services Department and community continue uninterrupted, staff is seeking City Council approval of the Second Amendment to the Professional Services Agreement with Interwest to establish a payment amount not to exceed $215,280 for the third year (FY 2024-25) (See Exhibit A). This will enable staff to continue to utilize Interwest’s services for Senior Plan Check Engineer.
Interwest’s assigned staff member is an experienced building plan check engineer who provides excellent Plans Examiner services and is a licensed Civil Engineer and certified Plans Examiner. He is well known in the Building & Safety industry and significantly contributes to the Department’s ability to efficiently serve our customers.
The cost of $215,280 is based on the for the Senior Plan Check Engineer at (approximately $138/hour for up to 40/hours a week for 48 weeks) which includes a 4% CPI increase from the prior year’s rate. In staff’s experience, and based on a recent survey from other consulting firms, the hourly rate is superior as the Senior Plan Check Engineer position with other consulting firms generally ranges from a minimum of $135 per hour to $200 per hour.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. This section defines what projects are, and are not, subject to CEQA. The proposed action to award a contract to provide Building & Safety contract services is not considered a project. The proposed action is considered an organization or administrative activity of the local government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACTS
Funds have been appropriated within the Adopted Fiscal Year 2024-25 Professional Services budget for the Development Services Department, Building & Safety Division. No additional appropriations are needed.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
1 SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSUTANT SEVRICES
BETWEEN THE CITY OF UPLAND
AND
INTERWEST CONSULTING GROUP, INC.
THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES (the “Second Amendment”) is made as of the 24th day of June 2024, by and between the City of Upland (the “City”), and Interwest Consulting Group, Inc. a Colorado corporation (the “Consultant”). Collectively, City and Consultant are referred to as the “Parties” in this Second Amendment.
WITNESSETH THAT:
WHEREAS, City and Consultant previously entered into an Agreement for Professional Consultant Services dated June 13, 2022 (the “Original Agreement”) for the service delivery period of July 1, 2022 to June 30, 2025 (the “Term”); and
WHEREAS, compensation for the first year of the Original Agreement (FY 2022-2023) was not to exceed the sum of $230,000.00; and
WHEREAS, pursuant to the Original Agreement, budget allotment for years two and three were to be addressed annually as an amendment to the Original Agreement, upon mutual written consent; and
WHEREAS, the Parties amended the Original Agreement by means of the First Amendment dates as of October 23, 2023, pursuant to which compensation for the second year of the Original Agreement (FY 2023-2024) was not to exceed the sum of $249,000, the Original Agreement and the First Amendment are hereafter collectively referred to as the “Agreement”; and
WHEREAS, pursuant to the Agreement, during the Term the Consultant is to provide a variety of professional services in support of the City’s Development Services Department primarily related to Building Official, Building Plan Check, Building Inspection, and Permit Technician related activities, as set forth in within Exhibit “A” to the Agreement; and
WHEREAS, Consultant’s services and charges are provided on an as-needed hourly basis in response to the demand for such services and are to be in accordance with the fee schedule and applicable hourly CPI increase, not to exceed 4% each fiscal year within the term of the Agreement (see attachment A); and
WHEREAS, to ensure that Consultant’s services continue on an uninterrupted basis, it is necessary to amend the Agreement to provide one year of compensation for FY 2024-25; and
WHEREAS, Consultant’s costs are included within the City’s FY 2024-2025 adopted budget; and
WHEREAS, the Parties desire and intend to amend the Agreement concerning compensation to be paid to Consultant for the third year (FY 2024-25) of the Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties agree as follows:
2 Section 1. Amendment of Section 2.
Section 2 of the Agreement is amended by adding the following at the end of subsection b.: “In no event shall the total amount paid for services rendered by Consultant for the third year (FY 2024-25) of this Agreement exceed the sum of $215,280.00.”
Section 2 of the Agreement is further amended by adding the following at the end of subsection c.: “For the third year (FY 2024-25) of this Agreement, the City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or twenty-one thousand five hundred and twenty-eight dollars ($21,528.00). In no event shall the total sum of the Agreement (original compensation amount and Additional Work) exceed two-hundred thirty-six thousand eight hundred and eight dollars ($236,808.00). Any additional work in excess of this amount shall be approved by the City Council.”
Section 2. Reaffirmation of Remaining Provisions.
All provisions of the Agreement not amended pursuant to this Second Amendment shall remain in full force and effect.
(Signatures on Following Page)
3 SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SEVRICES AGREEMENT
BETWEEN THE CITY OF UPLAND
AND INTERWEST CONSULTING GROUP, INC.
IN WITNESS WHEREOF, the City and Consultant have approved this Second Amended Agreement effective the day and year above written.
CITY: CONSULTANT:
City of Upland Interwest Consulting Group, Inc.
By: ________________________________ By: _______________________________ Michael Blay,
City Manager Its: _______________________________
Printed Name: _________________________
ATTEST:
By: ________________________________ By: _______________________________ Keri Johnson,
City Clerk Its: _______________________________
Printed Name: _________________________
APPROVED AS TO FORM:
By: ________________________________
Stephen Deitsch,
City Attorney
4 Attachment A
CITY of UPLAND
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
BUILDING DEPARTMENT SERVICES
HOURLY BILLING RATES
2024/2025 Billing Rates
Deputy Building Official 113.36$
Building Official 138.32$
Permit Technician I 55.12$
Permit Technician II 62.40$
Permit Techician III 71.76$
Plan Check Specialist I 90.48$
Plan Check Specialist II 101.92$
Plan Check Specialist III 113.36$
Plan Check Engineer 126.88$
Senior Plan Check Engineer 132.08$
Structural Plan Check Engineer 143.52$
Building Inspector I 83.20$
Building Inspector II 91.52$
Building Inspector III 98.80$
CASP Specialist 115.44$
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR
TANYA GARCIA, MANAGEMENT ANALYST
SUBJECT: CONSIDER ACCEPTING THE CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM FY 2023-24 GRANT AWARD
RECOMMENDED ACTION:
It is recommended that the City Council accept the CalRecycle Beverage Container Recycling City/County Payment Program FY 2023-24 grant award of $19,935 and appropriate the funds.
GOAL STATEMENT
The proposed action supports the City’s goal of pursuing grant funding to supplement local funding sources and exercise prudent fiscal management of the City’s Solid Waste Fund .
BACKGROUND
The Department of Resources Recycling and Recovery (CalRecycle) administers the Beverage Container Recycling City/County Payment Program (CCPP) to provide opportunities for beverage container recycling. CalRecycle distributes $10,500,000 each year to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. Grant awards are based on city or county population, with cities eligible for a minimum of $5,000 and counties eligible for a minimum of $10,000 per grant award.
ISSUES AND ANALYSIS
On December 21, 2023, the City applied for the Beverage Container Recycling CCPP FY 2023 -24 grant to support the City’s efforts to collect and properly recycle beverage containers. In April 2024, the City was awarded $19,935 for the FY 2023-24 grant cycle, and the City received the grant check on June 11, 2024.
Grant fund expenditures include supplies, educational materials, and personnel expenses associated with administering the beverage container recycling collection program. Grant funds are also used for the p urchase of trash bags and litter abatement activities in parks and City right of ways.
ENVIRONMENTAL DETERMINATION
This project is for grant funding, which is not considered a project under California Environmental Quality Act (CEQA).
FISCAL IMPACTS
The Beverage Container Recycling CCPP grant award funds will be tracked in Fund 641 (Solid Waste) with project number 40055. With this action, the revenues and expenditures relating to this grant award will be added to the Fiscal Year 2024-25 operating budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
Request for Approval
To: Zoe Heller
Deputy Director, Division of Circular Economy
From: Michelle Martin
Branch Chief, Financial Resources Management Branch
Request Date: March 4, 2024
Decision Subject: Awards for the Beverage Container Recycling City/County Payment Program (California Beverage Container Recycling Fund, Fiscal Year 2023–24)
Action By: March 11, 2024
Summary of Request
Staff requests approval of payments for the Beverage Container Recycling City/County Payment Program (Program) for fiscal year (FY) 2023–24. Staff received 395 eligible Funding Requesting that included 429 jurisdictions, requesting a total of $9,564,504 in eligible costs for this program. The funding available for FY 2023-24 is $10,500,000.
Funding
The Beverage Container Recycling City/County Payment Program has a continuous appropriation from the California Beverage Container Recycling Fund of $10,500,000 per fiscal year. The amount remaining reflects the total of all eligible funds from jurisdictions that did not apply or were denied funding.
Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
California Beverage
Container Recycling Fund
(FY 2023–24)
$10,500,000 $9,564,504 $935,496 Local
Assistance/Grants
Background and Findings
Statutory Authority
Public Resources Code section 14581(a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act, authorizes CalRecycle to expend $10,500,000 annually for payments to cities and counties for beverage container recycling and litter cleanup activities. Payments are calculated on a per capita basis, with a minimum payment of $5,000 to cities and $10,000 to counties.
Program Background
The program provides annual funding to California cities and counties for beverage container recycling projects that assist in achieving an 80 percent recycling rate for the state.
Incorporated areas of a city, city and county, or the unincorporated area of a county as reported by the California Department of Finance’s annual population report (Report E-1 Population Estimates for Cities, Counties, and the State Population Estimates with Annual Percent Change (January 1, 2022 and 2023), are eligible to receive funding. Jurisdictions receive funding on a per capita basis, or a minimum of $5,000 for cities and $10,000 for counties, whichever is greater. All funds shall be available for expenditure until March 1, 2026, and are subject to reporting requirements.
Criteria and Process
The Notice of Funds Available was posted on the CalRecycle website on October 19, 2023, with an appropriate notice sent to stakeholders. Funding Requests were due January 17, 2024.
There are 539 jurisdictions statewide. CalRecycle received 395 eligible Funding Requests, including 12 regional Funding Requests comprising of 34 participating jurisdictions. Of the remaining 110 jurisdictions, 1 declined funding, 1 had an outstanding balance from Fiscal Year 2020-21, and 108 did not submit a Funding Request and therefore were disqualified. Any remaining funds will revert back to the California Beverage Container Recycling Fund. All funds shall be available for expenditure until March 1, 2026 and are subject to reporting requirements.
Listed below are the types of projects recommended for funding.
The types of projects recommended for funding include implementation of new or existing curbside or neighborhood drop-off beverage container recycling programs, the purchase and/or installation of recycling bins for collection of California Refund Value (CRV) materials, public education and outreach promoting beverage container recycling, cooperative regional efforts among two or more cities and counties, purchase and installation of water refill stations, litter reduction and cleanup where the waste stream includes beverage containers, and in some instances, the expansion of current recycling collection activities in underserved areas and locations.
Recommendation
Staff recommends approval of 395 payment awards as listed below for $9,564,504.
Table 2. Recommended Awards
Applicant Award Amount
Alameda County $37,436
Alpine County $10,000
Amador County $10,000
Butte County $15,747
City of Alameda $19,663
City of Alhambra $20,665
City of Aliso Viejo $13,043
City of American Canyon $5,698
City of Anaheim $82,386
City of Antioch $29,186
City of Arcadia $14,225
City of Arcata $5,036
City of Arroyo Grande $5,000
City of Atascadero $7,911
City of Auburn $5,000
City of Avalon $5,000
City of Azusa $12,723
City of Bakersfield $102,303
City of Baldwin Park $17,936
City of Banning $8,172
City of Barstow $6,591
City of Beaumont $14,497
City of Bell $8,701
City of Bell Gardens $9,968
City of Belmont $7,059
City of Benicia $6,906
City of Berkeley $31,213
City of Beverly Hills $8,274
City of Big Bear Lake $5,000
City of Biggs $5,000
City of Blue Lake $5,000
City of Bradbury $5,000
City of Brawley $7,245
City of Brea $12,399
City of Brentwood $16,474
City of Brisbane $5,000
City of Buellton $5,000
City of Buena Park $21,218
City of Burbank $26,464
City of Burlingame $7,894
City of Calabasas $6,065
City of Calexico $10,031
City of California City $5,000
City of Calimesa $5,000
City of Calipatria $5,000
Applicant Award Amount
City of Camarillo $17,671
City of Capitola $5,000
City of Carlsbad $28,963
City of Carmel-by-the-Sea $5,000
City of Carpinteria $5,000
City of Cathedral City $13,209
City of Ceres $12,285
City of Cerritos $12,324
City of Chico $27,178
City of Chino $23,619
City of Chino Hills $19,606
City of Chowchilla $5,075
City of Chula Vista $68,959
City of Citrus Heights $21,797
City of Claremont $9,547
City of Clearlake $5,000
City of Clovis $31,453
City of Coachella $10,970
City of Coalinga $5,000
City of Colton $13,639
City of Colusa $5,000
City of Compton $23,764
City of Concord $30,842
City of Corning $5,000
City of Coronado $5,900
City of Costa Mesa $28,123
City of Covina $12,939
City of Culver City $10,276
City of Cupertino $15,137
City of Cypress $12,806
City of Daly City $25,699
City of Davis $16,370
City of Del Mar $5,000
City of Delano $13,283
City of Desert Hot Springs $8,511
City of Diamond Bar $13,696
City of Dos Palos $5,000
City of Downey $28,143
City of Duarte $6,062
City of Dublin $18,281
City of Dunsmuir $5,000
City of East Palo Alto $7,507
City of Eastvale $17,723
City of El Cajon $26,485
City of El Centro $11,465
Applicant Award Amount
City of El Cerrito $6,732
City of El Monte $26,924
City of El Paso De Robles (Paso Robles) $8,032
City of El Segundo $5,000
City of Elk Grove $44,553
City of Emeryville $5,000
City of Encinitas $15,619
City of Escondido $37,762
City of Eureka $6,896
City of Fairfield $30,206
City of Ferndale $5,000
City of Folsom $21,712
City of Fontana $53,750
City of Foster City $8,534
City of Fountain Valley $14,596
City of Fowler $5,000
City of Fremont $57,647
City of Fresno $136,013
City of Fullerton $36,033
City of Galt $6,751
City of Garden Grove $43,100
City of Gardena $15,300
City of Gilroy $15,367
City of Glendale $48,117
City of Glendora $13,141
City of Goleta $8,469
City of Gonzales $5,000
City of Grass Valley $5,000
City of Greenfield $5,343
City of Grover Beach $5,000
City of Half Moon Bay $5,000
City of Hanford $15,072
City of Hawaiian Gardens $5,000
City of Hawthorne $21,763
City of Hayward $40,258
City of Hemet $22,815
City of Hercules $6,935
City of Hermosa Beach $5,119
City of Hesperia $25,342
City of Hidden Hills $5,000
City of Highland $14,345
City of Holtville $5,000
City of Hughson $5,000
City of Huntington Beach $49,223
City of Huntington Park $13,671
Applicant Award Amount
City of Huron $5,000
City of Imperial $5,737
City of Imperial Beach $6,827
City of Indio $23,045
City of Inglewood $26,891
City of Irvine $76,014
City of Isleton $5,000
City of Jackson $5,000
City of Jurupa Valley $26,576
City of Kerman $5,000
City of King City $5,000
City of Kingsburg $5,000
City of La Cañada Flintridge $5,346
City of La Habra $15,806
City of La Mesa $15,452
City of La Mirada $12,327
City of La Palma $5,000
City of La Puente $9,696
City of La Quinta $9,851
City of La Verne $8,373
City of Lafayette $6,613
City of Laguna Beach $5,974
City of Laguna Niguel $16,521
City of Lake Elsinore $18,336
City of Lake Forest $22,119
City of Lakeport $5,000
City of Lakewood $20,378
City of Lancaster $43,647
City of Larkspur $5,000
City of Lawndale $8,080
City of Lemon Grove $7,216
City of Lemoore $7,013
City of Lincoln $13,429
City of Livermore $21,536
City of Lodi $16,919
City of Loma Linda $6,669
City of Lompoc $11,228
City of Long Beach $114,746
City of Los Angeles $940,407
City of Los Banos $12,190
City of Malibu $5,000
City of Manhattan Beach $8,929
City of Marina $5,880
City of Martinez $9,493
City of Maywood $6,498
Applicant Award Amount
City of Mendota $5,000
City of Menifee $27,836
City of Merced $22,865
City of Mill Valley $5,000
City of Millbrae $5,984
City of Milpitas $20,606
City of Mission Viejo $23,297
City of Modesto $54,534
City of Monrovia $9,741
City of Montebello $15,758
City of Monterey $7,072
City of Monterey Park $15,170
City of Moorpark $9,145
City of Moreno Valley $52,361
City of Morgan Hill $11,826
City of Morro Bay $5,000
City of Mountain View $21,239
City of Murrieta $27,828
City of Napa $19,546
City of National City $15,591
City of Nevada City $5,000
City of Newport Beach $21,191
City of Norwalk $25,620
City of Novato $13,199
City of Oakland $105,094
City of Oakley $11,603
City of Oceanside $43,070
City of Ontario $45,479
City of Orange $35,082
City of Orinda $5,170
City of Oroville $5,216
City of Oxnard $49,663
City of Pacifica $9,627
City of Palm Desert $13,005
City of Palmdale $41,785
City of Paramount $13,395
City of Parlier $5,000
City of Pasadena $34,564
City of Patterson $6,441
City of Perris $20,077
City of Pico Rivera $15,591
City of Piedmont $5,000
City of Pittsburg $19,044
City of Placerville $5,000
City of Pleasant Hill $8,708
Applicant Award Amount
City of Pleasanton $19,456
City of Plymouth $5,000
City of Pomona $37,743
City of Port Hueneme $5,702
City of Porterville $15,994
City of Poway $12,473
City of Rancho Cordova $20,619
City of Rancho Cucamonga $43,689
City of Rancho Mirage $5,000
City of Rancho Palos Verdes $10,613
City of Rancho Santa Margarita $12,119
City of Red Bluff $5,000
City of Redding $23,451
City of Redlands $18,336
City of Redondo Beach $17,446
City of Redwood City $20,713
City of Reedley $6,707
City of Rialto $26,077
City of Richmond $28,706
City of Rio Dell $5,000
City of Rio Vista $5,000
City of Riverbank $6,536
City of Riverside $78,666
City of Rocklin $18,138
City of Rolling Hills Estates $5,000
City of Rosemead $12,857
City of Roseville $38,543
City of Sacramento $129,707
City of San Bernardino $56,091
City of San Bruno $10,868
City of San Buenaventura (Ventura) $27,164
City of San Carlos $7,734
City of San Clemente $16,156
City of San Diego $341,928
City of San Dimas $8,878
City of San Francisco $207,968
City of San Gabriel $9,973
City of San Jacinto $13,876
City of San Joaquin $5,000
City of San Jose $239,805
City of San Juan Capistrano $9,130
City of San Leandro $22,211
City of San Luis Obispo $12,300
City of San Marcos $23,967
City of San Mateo $26,160
Applicant Award Amount
City of San Pablo $8,184
City of San Rafael $15,268
City of San Ramon $21,056
City of Sanger $6,921
City of Santa Ana $75,160
City of Santa Barbara $21,692
City of Santa Clara $33,438
City of Santa Clarita $57,945
City of Santa Cruz $16,153
City of Santa Maria $27,697
City of Santa Monica $23,265
City of Santa Paula $8,215
City of Santee $15,155
City of Sausalito $5,000
City of Scotts Valley $5,000
City of Seaside $7,807
City of Signal Hill $5,000
City of Simi Valley $31,366
City of Solana Beach $5,000
City of Soledad $6,919
City of Solvang $5,000
City of South El Monte $5,229
City of South Gate $23,492
City of South Lake Tahoe $5,500
City of South San Francisco $16,427
City of Stockton $80,178
City of Suisun City $7,478
City of Sunnyvale $39,389
City of Susanville $5,000
City of Sutter Creek $5,000
City of Taft $5,000
City of Tehama $5,000
City of Temecula $27,553
City of Thousand Oaks $31,065
City of Torrance $36,079
City of Tracy $24,237
City of Tulare $17,763
City of Tulelake $5,000
City of Turlock $18,058
City of Tustin $20,230
City of Twentynine Palms $6,844
City of Union City $17,034
City of Upland $19,935
City of Vacaville $25,533
City of Vallejo $30,738
Applicant Award Amount
City of Victorville $34,615
City of Villa Park $5,000
City of Visalia $36,073
City of Vista $25,291
City of Walnut $7,249
City of Walnut Creek $17,655
City of Wasco $7,017
City of Watsonville $12,821
City of Weed $5,000
City of West Covina $27,302
City of West Hollywood $9,056
City of West Sacramento $13,897
City of Westlake Village $5,000
City of Westmorland $5,000
City of Whittier $22,160
City of Wildomar $9,441
City of Williams $5,000
City of Winters $5,000
City of Woodlake $5,000
City of Woodland $15,318
City of Yorba Linda $17,112
City of Yucaipa $13,848
Contra Costa County $44,252
Del Norte County
• City of Crescent City
$15,000
El Dorado County $40,149
Fresno County $40,392
Glenn County
• City of Orland
• City of Willows
$20,000
Humboldt County $18,438
Imperial County $10,000
Inyo County $10,000
Kern County $76,504
Lake County $12,092
Los Angeles County $249,847
Madera County $19,155
Mariposa County $10,000
Merced County $23,361
Modoc County $10,000
Monterey County $26,761
Napa County
• City of Calistoga
• City of St. Helena
• Town of Yountville
$25,000
Applicant Award Amount
Placer County $28,673
Riverside County $101,007
Sacramento County $150,136
San Benito County
• City of Hollister
• City of San Juan Bautista
$26,077
San Bernardino County $74,996
San Diego County $128,009
San Joaquin County
• City of Escalon
• City of Manteca
• City of Ripon
$72,615
San Luis Obispo County $30,978
San Mateo County $15,963
Santa Barbara County $35,161
Santa Clara County $23,619
Shasta County
• City of Anderson
• City of Shasta Lake
$27,149
Sierra County
• City of Loyalton
$15,000
Siskiyou County
• City of Etna
• City of Fort Jones
• City of Mount Shasta
• City of Yreka
$30,000
Solano County
• City of Dixon
$15,119
Sonoma County
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Town of Windsor
$135,330
Stanislaus County $28,130
Tehama County $11,080
Town of Apple Valley $19,091
Town of Atherton $5,000
Town of Colma $5,000
Town of Corte Madera $5,000
Town of Danville $11,060
Applicant Award Amount
Town of Fairfax $5,000
Town of Hillsborough $5,000
Town of Loomis $5,000
Town of Los Altos Hills $5,000
Town of Los Gatos $8,634
Town of Mammoth Lakes $5,000
Town of Moraga $5,000
Town of Paradise $5,000
Town of San Anselmo $5,000
Town of Tiburon $5,000
Town of Truckee $5,000
Town of Woodside $5,000
Town of Yucca Valley $5,772
Trinity County $10,000
Tulare County $34,135
Tuolumne County
• City of Sonora
$18,104
Yolo County $10,000
Yuba County
• City of Live Oak
• City of Marysville
• City of Wheatland
• City of Yuba City
• Sutter County
$59,996
Total Award $9,564,504
Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the payments for the Beverage Container Recycling City/County Payment Program FY 2023–24 as listed in Table 2. Each proposed applicant’s payment is subject to two conditions:
1. The recommended jurisdictions must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award.
2. Compliance with the Beverage Container Recycling City/County Payment Program Guidelines, Fiscal Year 2023–24, which included a Funding Request due date of January 17, 2024.
___________________________ ____________________________ Zoe Heller Dated
Deputy Director
Zoe Heller Digitally signed by Zoe Heller
Date: 2024.04.09 11:26:03
-07'00'
DATE: June 24, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR
DIANE COTTO, HOUSING MANAGER
JULIE HERNANDEZ, WEED ABATEMENT COORDINATOR
SUBJECT: CONSIDER APPROVAL OF THE 2024 ANNUAL WEED ABATEMENT PROGRAM
INFRACTION LOG AND NUISANCE ABATEMENT
RECOMMENDED ACTION:
It is recommended that the City Council approve the Weed Abatement Program Infraction Log and authorize staff to abate the public nuisance.
GOAL STATEMENT
The proposed action supports the City’s goal to promote and enhance the quality of life in Upland by removing the potential for any fire or safety hazards or public nuisance that may exist from weed growth and combusti ble debris accumulations on private and public property.
BACKGROUND
On February 26, 2024, City Council adopted Resolution No. 6764 declaring unmaintained weeds, grasses and vegetation, dead or dying and combustible debris a public nuisance, as well as a fire hazard posing a danger to persons and parcels within the City. This program is referred to as the Weed Abatement Program and it is intended to protect the health, safety, and welfare of the community, and to minimize fire hazards.
ISSUES AND ANALYSIS
City Council authorized staff to initiate an inspection program to identify private properties in violation of the City’s Municipal Code (Section 8.12.020, entitled Maintenance of property – Nuisances). Inspections were conducted from mid-February 2024 through mid-June 2024. The Weed Abatement Program was implemented in the following way:
Courtesy Notices
Upland implements a weed abatement program that highly encourages voluntary compliance. The first courtesy notice is issued to the property owner informing them of the City’s intent to start property inspections. This notice is sent to the property owner by U.S. Post along with their water bill. If the property owner has registered to receive their water bill using the City’s electronic bill pay s ystem, they will have also received an email notice. There were 22,488 Courtesy Notices sent out initially.
The second courtesy notice is issued to those parcels that have been inspected by the City’s Weed Abatement Coordinator and found to be out of compliance with the City municipal code. A letter is sent to the property owner via U.S. Post. The property owner has 15 days to comply before the property is reinspected by the Weed Abatement Coordinator. There were 599 notices sent to property owners after the initial inspection.
Notice to Comply
A Notice to Comply is issued to those properties that have not complied after two courtesy notices have been sent.
The property owner is assessed an administrative fee of $115.00 and given 15 days to bring their property into compliance. After the 15-days, the parcel is reassessed by the Weed Abatement Coordinator for compliance. Those parcels that fail to comply are then placed on a 2024 Weed Abatement Program Infraction Log (Attachment 1). The notice of public hearing was posted on the City’s website and published in the Inland Valley Daily Bulletin 10 days prior to the City Council Meeting. A public hearing is held before the City Council to approve the Weed Abatement Infraction Log and authorize staff to abate the public nuisance. There were 114 Notice to Comply sent to property owners.
Notice to Abate
A Notice to Abate is issued when several attempts have been made to urge the property owner to voluntarily comply with the City’s Municipal Code. Before a Notice to Abate can be issued, the City must publish a 10-day public notice and a public hearing before the City Council must be conducted. The purpose of the public hearing is to request City Council’s authority to approve the Weed Abatement Program Infraction Log. Property owners who wish to appeal their Notice to Abate may do so before City Council by submitting a public comment card prior to the start of the public hearing.
For 2024, thirty-three (33) parcels have been placed on the infraction log. Once approved, city staff will obtain written consent from the property owner or an administrative warrant to abate the property using competitively procured landscape service providers. All fees and costs for removing the public nuisance(s) from the properties will be charged to the property owner.
Warrants
Pursuant to Section 8.12.20 of the Upland Municipal Code (entitled Service of Order to Abate) it is necessary for the City to either obtain the property owner’s written permission or an administrative warrant to complete an abatement on private property. In those instances where written permission is not provided by owner, an administrative abatement warrant will be obtained by the City.
Warrants will be posted 24 hours before the city and a landscape contractor arrives at the location to remedy the violation. Any costs (e.g., cost to secure warrant, staff time, landscape contractor services, administrative fee or fines) accrued by the City to address this issue will be charged to the owner as a special assessment on the owners’ property tax. Should the owner complete the abatement work within the posted 24 hours, then costs to abate the property will be waived and the owner will be charged certain administrative costs for obtaining the warrant, scheduling the landscape contractor, travel time to the location, staff cost, etc.
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. The action only concerns the commencement of the City’s Weed Abatement Program, which is intended to protect the health, safety, and welfare of the community, and to minimize fire hazards by inspecting all parcels within the city limits and notifying the property owners of their responsibility of maintaining their property free of weeds and rubbish.
FISCAL IMPACTS
This program is supported by the City’s General Fund (101-2202). Any fees collected by the Weed Abatement Program are returned to the program to partially offset the costs of administering the program.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a project
2024 WEED ABATEMENT PROGRAM – INFRACTION LOG
The parcels list below have been inspected and found to be in violation of the City’s Municipal Code Section 8.12.180, entitled Weed and Rubbish Abatement. Property owners wishing to file an appeal may do so at the June 24, 2024 City Council meeting. Those wishing to address the City Council must file a public comment card with the City Clerk prior to the beginning of the meeting.
ADDRESS CITY ZIP APN
1. 619 W VERNON DR Upland 91786 104634101
2. 1579 PALOMINO AVE Upland 91786 100612204
3. 649 W VERNON DR Upland 91786 104634102
4. 1001 GOLDEN RAIN ST Upland 91786 100716104
5. 1476 SALINA ST Upland 91786 104649122
6. 1434 E 9TH ST Upland 91786 104650121
7. 676 N EUCLID AVE Upland 91786 104626104
8. 654 WINN DR Upland 91786 104631318
9. 394 WINN DR Upland 91786 104629117
10. 1346 RANDY ST Upland 91786 100749213
11. 609 JUNIPER AVE Upland 91786 100720103
12. 1523 CARNATION WAY Upland 91786 104504405
13. 1403 N TULARE WAY Upland 91786 104528216
14. 171 FERN AVE Upland 91786 104661126
15. 1626 WILSON AVE Upland 91786 100542409
16. 2167 KELLY AVE Upland 91786 100423139
17. 2267 SHIRLEY WAY Upland 91786 100407141
18. 216 WINN DR Upland 91786 104629127
19. 1921 N VALLEJO WAY Upland 91786 104403121
20. 2121 N LAUREL AVE Upland 91786 104331126
21. 1088 E 8TH ST Upland 91786 104710309
22. 629 E 7TH ST Upland 91786 104708421
23. 236 1ST AVE Upland 91786 104706208
24. 200 E 13TH ST Upland 91786 104554217
25. 492 N 8TH AVE Upland 91786 104644322
26. 1382 E FOOTHILL BLVD Upland 91786 104614108
27. 1382 SHELLEY AVE Upland 91786 104537133
28. 719 VALADEZ ST Upland 91786 104551121
29. 1425 N GROVE AVE Upland 91786 104517603
30. 1467 DIEGO WAY Upland 91786 104519137
31. 1770 N EUCLID AVE Upland 91786 104437103
32. 2134 N 1ST AVE Upland 91786 104333108
33. 2305 SECOND AVE Upland 91786 104306138