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EETING OF THE CITY COUNCIL
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Bill Velto,Mayor
Rudy Zuniga, Mayor Pro Tern-District 4 Michael Blay, City Manager James Breitling, Couucilmember• District 2 Stephen P. Deitsch,City Attorney Carlos A.Garcia,Couucilmember- District 3 Keri Johnson,City Clerk Shannan Maust,Councilmember-District 1
Monday, March 24, 2025
Open session begins at 6:00 p.m.
City Council Chamber
460 N. Euclid Avenue, Upland, CA 91786
and Kaiser Regional Reference Laboratory, 13000 Peyton Dr Chino Hills CA, 91709 (Room 2201) Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.
City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.
Pages
1. CALL TO ORDER AND ROLL CALL
2. ADDITIONS-DELETIONS TO AGENDA
3. ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.
CLOSED SESSION BEGINS AT 4:30 P.M.
4. CLOSED SESSION
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED
LITIGATION
California Government Code Section 54956.9 (d)(2) - 1 or more potential cases b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 906 Sycamore Court in the City of Upland (Assessor Parcel Number:
1047-192-12)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: Bonnie Cole, Foothill Family Shelter Under Negotiation: Price and terms of payment
c. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 227 N. Vallejo Way in the City of Upland (Assessor Parcel Number:
1046-351-32)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: First Team Real Estate
Under Negotiation: Price and terms of payment
5. INVOCATION
Pastor Noel Anderson, First Presbyterian Church
6. PLEDGE OF ALLEGIANCE
7. PRESENTATIONS
Proclamation declaring April 2025 as Child Abuse Prevention Month, accepted by Ashley Brooksher, Children's Network Officer
Proclamation recognizing Police K9 Rudy upon his retirement
8. CITY ATTORNEY
9. ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.
Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.
Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.
CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to
a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.
Recommended Action:
Approve the Consent Calendar
a. APPROVAL OF MINUTES 6
Recommended Action:
Approve the Regular Meeting Minutes of March 10, 2025. (Staff Person: Keri Johnson)
b. CONSIDER RATIFYING AN APPOINTMENT TO THE PUBLIC WORKS 11
COMMITTEE
CEQA: Not a Project.
Recommended Action:
Ratify the appointment of Todd D'Braunstein to the Public Works Committee, term to expire in December 2028. (Staff Person: Keri Johnson) c. TREASURER'S REPORT FEBRUARY 2025 15
CEQA: Not a Project.
Recommended Action:
Receive and file the February 2025 Treasurer's Report. (Staff Person: Stephen Parker)
d. CONSIDER APPROVAL OF FEBRUARY WARRANT AND PAYROLL 32
REGISTERS
CEQA: Not a Project.
Recommended Action:
Approve the February warrant registers totaling $9,143,021.52 (check numbers 51676 — 52017 and direct disbursements) and payroll registers totaling $1,974,825.91 (check numbers 164156 - 164161 and electronic fund transfers 53107 — 53684). (Staff person: Stephen Parker)
e. CONSIDER APPROVAL OF AGREEMENTS WITH THE UPLAND UNIFIED 43
SCHOOL DISTRICT FOR USE OF ATHLETIC FACILITIES AT GREENBELT
AND MEMORIAL PARKS
CEQA: Not a Project.
Recommended Action:
Approve agreements with the Upland Unified School District for use of athletic facilities at Greenbelt Park and Memorial Park; and authorize the City Manager to execute the agreements. (Staff Person: Stephen Parker)
f. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 70 BETWEEN THE CITY OF UPLAND AND LWP CLAIMS SOLUTIONS, INC.
CEQA: Not a Project.
Recommended Action:
Approve a Professional Services Agreement between the City of Upland and LWP Claims Solutions, Inc. (LWP) for the administration of existing workers' compensation claims in an amount not to exceed $75,000; and authorize the City Manager to execute the agreement. (Staff Person: Stephen Parker) g. CONSIDER APPROVAL OF THE PURCHASE OF A 6" GODWIN NC150S 90
TRAILER-MOUNTED TRASH PUMP
CEQA: Not a Project.
Recommended Action:
Approve the purchase of a 6" Godwin NC150S trailer-mounted trash pump from Xylem Dewatering Solutions as a sole-source procurement to enhance emergency response capabilities for wastewater management. (Staff Person:
Chris Alanis)
11. PUBLIC HEARINGS
a. CONSIDER ZONING CODE AMENDMENT NO. 25-0001 TO AMEND CHAPTER 97
17.37 AND DETERMINE AMENDMENT IS EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CEQA: Determine to be Exempt.
Recommended Action:
The City Council will conduct a public hearing to consider Zoning Code Amendment No. 25-0001 to amend Chapter 17.37 and determine amendment is exempt from California Environmental Quality Act. (Staff Person: Robert Dalquest)
1. Staff Presentation
2. Hold Public Hearing
3. Close Public Hearing
4. Hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and determine the Zoning Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17.
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
15. CITY MANAGER
16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, April 14, 2025.
NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.
All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].
To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.
On March 19, 2025, a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov
MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL March 10, 2025
6:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, Assistant City Attorney Thomas Rice, Deputy City Clerk Jennifer Rodriguez
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:00 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS-DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
CLOSED SESSION - 5:00 P.M.
4. CLOSED SESSION
At 5:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jessica Schultz V. City of Upland
San Bernardino County Superior Court of California Case No. CIV SB 2213164 b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Edward Ventura V. City of Upland
1
San Bernardino County Superior Court of California Case No. CIV SB 2400261 The City Council reconvened in open session at 6:01 p.m.
5. INVOCATION
Councilmember Shannan Maust
6. PLEDGE OF ALLEGIANCE
Led by Assistant Fire Chief Birchfield
7. PRESENTATIONS
None.
8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received reports and provided direction to staff, but there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Laura Cayley, Claremont, thanked the City for the opportunity to expand her business, 42nd Street Bagel, to Upland and stated she looks forward to a long relationship with the City.
10. CONSENT CALENDAR
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of February 24, 2025. b. DESIGNATION OF PROXIES AND PROPOSED SLATE OF DIRECTORS FOR
SAN ANTONIO WATER COMPANY BOARD AND WEST END CONSOLIDATED
WATER COMPANY BOARD
Appoint Mayor Pro Tern Rudy Zuniga as proxy to vote all shares at the annual stockholder's meeting of the San Antonio Water Company for the slate of directors; and to include the reappointment of Bob Bowcock, Bob Cable, Kati Parker, and Bill Velto to the proposed Board slate. Appoint Councilmember Shannan Maust as proxy to vote all shares at the annual stockholder's meeting for the West End Consolidated Water Company Board of Directors and to include the appointment of James Breitling and the reappointment of Carlos Garcia and Shannan Maust to the proposed Board slate.
c. SINGLE AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024 Receive and file the Single Audit Report on Federal Award Programs for the Fiscal Year ended June 30, 2024.
2
d. CONSIDER ADOPTION OF A RESOLUTION APPROVING THE TRANSFER OF FUND BALANCE TO SECTION 115 TRUSTS AND OTHER CITY COUNCIL
DESIGNATED ACCOUNTS
Adopt Resolution No. 6822 approving a transfer of fund balance to Section 115 Trusts and other City Council designated accounts in conjunction with the General Fund Reserve Policy for the Fiscal Year ended June 30, 2024. e. CONSIDER ACCEPTING COMMUNITY PROJECT FUNDING GRANT AWARD FOR FISCAL YEAR 2024 FROM CONGRESSMEMBER NORMA TORRES.
Accept the Fiscal Year 2024 Community Project Funding Grant award from Congressmember Norma Torres in the amount of $850,000 for rehabilitation of the Historic Downtown Santa Fe Depot Station and appropriate the funds. f. CONSIDER APPROVAL OF A LEASE AGREEMENT WITH 42ND STREET BAGEL FOR 220 E. A STREET; AND DETERMINE THE LEASE AGREEMENT
IS CATEGORICALLY EXEMPT FROM CEQA
Find that the Lease Agreement with 42nd Street Bagel Upland, Inc. is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, and direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board; and Approve the Lease Agreement with 42nd Street Bagel Upland, Inc and authorize the City Manager to execute the Lease Agreement for a restaurant to operate at 220 E. A Street within the Santa Fe Depot. g. CONSIDER PROPERTY MANAGEMENT SERVICES AGREEMENT WITH RPM
COMPANY FOR MANAGEMENT OF CITY-OWNED RESIDENTIAL RENTAL
PROPERTIES
Approve the Property Management Services Agreement with RPM Company and authorize the City Manager to execute the Agreement and any future amendments for management of the City-owned residential rental properties; and find the Agreement is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. h. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR CITYWIDE
SLURRY SEALS
Approve the work; authorize the City Manager or designee to record the Notice of Completion; reduce the Faithful Performance Bond to 10% for the Citywide Slurry Seals Project; and authorize a change order increase of $19,522.86 to cover the final construction cost.
CONSIDER THE APPROVAL OF THE PURCHASE OF NEW CITY VEHICLES Approve the purchase of five (5) 2025 model year Dodge Durango Police Patrol vehicles, one (1) 2025 model year Ford F-150 Police Responder, and one (1) 2025 model year Ford F-550 Super Duty Truck with National Auto Fleet Group of Watsonville, California, for a total amount of $405,492.44; and authorize the City Manager execute all necessary documents related to the vehicle purchases.
11. PUBLIC HEARINGS
3
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Mayor Velto stated that an IEUA pass through charge will come before Council in the future.
13. BUSINESS ITEMS
a. FISCAL YEAR 2024-25 MID-YEAR BUDGET REVIEW AND PROPOSED
BUDGET ADJUSTMENTS
Assistant City Manager Stephen Parker and Finance Manager Staci Sullivan presented a PowerPoint presentation.
City Manager Blay stated that staff is recommending a restructuring and reclassification of current Assistant City Manager duties, reclassifying the position to Public Works Director to an Assistant City Manager/Public Works Director.
Assistant City Manager Parker answered questions posed by the Council regarding the duties of the Assistant City Manager/Public Works Director and changes to fund balance.
The Council directed staff to bring future mid-year budget adjustments to the Finance Committee prior to bringing it to Council for approval.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Receive and file the Fiscal Year 2024-25 Mid-Year Budget Review; approve the Mid-Year Budget Review's Proposed Budget Adjustments; approve the updated Schedule of Positions; approve an increase to the capital assets depreciation threshold from $5,000 to $10,000; and approve the recommended Mid-Year Fund Balance Designations.
Motion: Carried Unanimously
b. RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS IN REPORT TITLED "WHEN IS A POTHOLE A POTHOLE? LOOKING AT POTHOLES IN THE CITY OF UPLAND"
Assistant City Attorney Rice presented the staff report.
The Council provided comments and the grand jury report, the City's response, and steps the City has taken to address infrastructure needs.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the response letter to the San Bernardino County Grand Jury and authorize the City Manager to sign the response letter.
Motion: Carried Unanimously
4
14. COUNCIL COMMUNICATIONS
Councilmember announced various events and activities throughout the community.
15. CITY MANAGER
City Manager Blay thanked the Library Director Tuckerman for doing an excellent job.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:48 p.m. The next regularly scheduled City Council meeting is Monday, March 24, 2025.
Keri Johnson, City Clerk
5
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"The City of Gracious Lining"
Staff
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER RATIFYING AN APPOINTMENT TO THE PUBLIC WORKS COMMITTEE RECOMMENDED ACTION:
It is recommended that the City Council ratify the appointment of Todd D'Braunstein to the Public Works Committee, term to expire in December 2028.
GOAL STATEMENT
The proposed action supports the City's goal to provide opportunities for the citizenry to participate in local government through service on various committees,commissions,and boards.
BACKGROUND
The Public Works Committee(Committee)is a standing legislative committee of the City Council and consists of two Councilmembers and five citizen advisory members. The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in public works operations prior to consideration by the entire Council. Citizen Advisory Members of the Committee are the reviewing body for street tree removal requests.
ISSUES AND ANALYSIS
Councilmember Maust has chosen to appoint Todd D'Braunstein as her representative on the Public Works Committee,term to expire in December 2028.
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.
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� , ‘,. . ° City of Upland ii?‘ � •_ � •
Id Public Service Application for Commissions , c - •
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Committees , or Boards
1 i I am applying to serve on the following commission , committee, and/or board . 1 . .,._____ZEO_ _ M_L- le ep, _ WO 44-.0 0 v _Prift52A-vtifrioWe Name : �t� D t l *A-L41."
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Home Address :
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Which district do you live in?
District 1 0 District 3
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Current occupation : TR42, wzzlig 4 ,sf,w,L AT73c7pfl' �T� - • Professional / educational background :
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4 Ary p - Apr . . .... ceria,,,, ni: A IL AI 4,414-#2.3 Why are you interested in serving on a commission, committee, or board? 4 .5 A ke,A11 o r ?iv' ,/,' bAe �- 4v 7'�A Gv�iytk.vi�c �4y" �Yl /.0/ F sAAD X A/11/W /i• ✓ cd0For c4m �_ Ale iii* Arr ''' ' F 4 112.--5 __=..._. _ ._ _____ ___ . __ Describe any other skill experience that you possess that will qualify you for the commission, committee, or board desired :� -�R�f Pt-�►aPer3' o � �h � � �a v ,� C �rvie c1k
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List three ( 3 ) community references :
1 . NAME : ylf�Af1V ' PLI4Q ONE :
2 . NAME : 3‘ekik B�_.
K ‘�= omplime—r - PHONE :
3 . NAME :jevc
ilvisi, i - cnjd. : Islek PHONE :
On a separate sheet please answer the following :
what do you feel are the most important issues facing the City of Upland? ( 300 words or less)
............
I declare , under penalty of disqualification and termination , that all statements in this 1 application are true and correct to the best of my knowledge . I further declare that if I am appointed , I will serve fairly , impartially , and to the best of my ability .
I am available at the time of the regularly scheduled meetings of the commission , committee , or board to which I am applying .
I further acknowledge that information contained in this application is a public record and may be subject to public inspection pursuant to the California Records Act ( CA Gov . Code § 6250 et seq . ) . Applications are kept on file in the City Clerk's office for a period of three years .
Signatur Date : 3P- 13e7.-492. � I read and understand the above staternVit
Please return your completed , signed application to uplandcityclerk@uplandca .gov or submit to :
City of Upland
1 Office of the City Clerk
1 460 N Euclid Ave
Upland , CA 91786
Unsigned applications will not be accepted .
_. &'i'rti�. 4 y�� 11.i. ikY.. i 4 �;, . . a 4 *Pi ' ,jg• .� r , 9L' �i .t�XtigfrItALtMilied1414V4it'?"� aT."�14.�'L k�`.+J�:.�d S9'1 • M� +. � .- Todd D ' Braunstejn
The irnpoant issues facing the City of Upland are representative of our future and the planning that goes into each tough decision . Being married for nearly 30 years and diving in Upland for almost as long , I clearly realize that planning for the long term while making choices that might be uncomfortable in the beginning or shod term must be done .
� The City' s top issues like : Public Safety, Community Engagement , City Services , Infrastructure and Environmental Management along with Housing and Affordability requires a balanced approach . Considering the benefits and drawbacks to ensure sustainable development and an improved quality of life for all residents is not just a quick discussion towards a decision but a directional plan towards the goal .
Being flexibly to make the incremental changes as our City's future and goals develop will helpto support the final decision makers . It is the discussions at a committee level that provide opportunities for the stakeholder voices , pros and cons to be heard and then later refined and expressed to a full City Council . The pain of a drastic change causes the uncomfortable shock that no resident likes to experience . improving on how the business of the City was carried out in the past for our residents •
will ease the uncomfortableness of the change resulting in acceptance white increasing the ease or enjoyment for that the resident experiences.
My role on one of the City' s committees will be to provide the voice built from all of my past experiences . Serving on multiple Boards , leading and sensing on other Statewide and coca { committees has helped to prepare me for this role . •
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. . • • � � • � - -- - .. Pa.e 14 of 127
, trpl" CITY FUPLAND
„.;
"The City of Gracious Living"
tIFOBS
1. Staff(kr°ill
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,CPA,ASSISTANT CITY MANAGER
STACI SULLIVAN,FINANCE MANAGER
DARREN CHAN,ACCOUNTING TECHNICIAN
SUBJECT: TREASURER'S REPORT FEBRUARY 2025
RECOMMENDED ACTION
It is recommended that the City Council receive and file the February 2025 Treasurer's Report.
GOAL STATEMENT
The proposed action supports the City's goal to manage the City's resources in a fiscally responsible manner.
BACKGROUND
Per California Government Code Section 53646(b),the City's treasurer or chief fiscal officer may render a treasurer's report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland's Investment Policy(Approved June 10, 2024) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity,par, and dollar amount invested on all securities, current market value as of the date of the report,investments and monies held by the local agency and shall additionally include a description of any of the local agency's funds,investments,or programs,that are under the management of contracted parties,including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City's ability to meet its expenditure requirements for the next six months.
ISSUES AND ANALYSIS
The submission of the monthly Treasurer's Report is a compliance measure.
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.
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority For Period Ended
February 28,2025
Investment Portfolio Cost Par Value Market Value %of Portfolio State Local Agency Investment Fund 1,289,607 1,289,607 1,302,381 1.0% California Asset Management Plan 32,051,655 32,051,655 32,051,655 23.7% Negotiable Certificates of Deposit 19,726,003 19,704,000 19,626,946 14.5% Money Market Fund 2,612,689 2,612,689 2,612,689 1.9% Municipal Bonds 5,413,106 5,555,000 5,435,679 4.0% Government Agency Securities 70,163,453 71,145,969 69,451,576 51.4% US Treasury 4,593,925 4,750,000 4,628,525 3.4% Total Investments $ 135,850,439 $ 137,108,921 $ 135,109,452 100.0% Weighted Average Days to Maturity 586.81
Blended Yield: 3.05%
Cash Cost Market Value
Bank Accounts and Change Funds 5,623,619 5,623,619 Total Cash $ 5,623,619 $ 5,623,619
Total Cash and Investments $ 141,474,058 $ 140,733,071 PARS Investment Portfolio Cost Market Value
115 Trust-OPEB Investment 1,800,968 2,403,858 115 Trust-Pension Investment 7,457,904 8,481,040 Total Restricted Funds Held in Trust $ 9,258,872 $ 10,884,899 Benchmarks:
LAIF 4.33% _
CAMP 4.50% _
2yr U.S.Treasury 3.99% _
5yr U.S.Treasury 4.03%
Restricted Funds with Fiscal Agent Book Value Market Value Water Revenue Bonds 2022 15,502,213 15,502,213 Water System Lease Revenue Refunding Bonds 2021 - - Successor Agency TARBS 2013/2016-Merged Project 163,469 163,469 Colonies CFD Area#1 2022 462,072 462,072
Colonies CFD Area#2 2015 1,540,571 1,540,571
Upland 54 CFD 2004 150,953 150,953
Sycamore Hills CFD 2015-1 905,735 905,735
Harvest at Upland CFD 2016-1 Area#1 740,309 740,309 Harvest at Upland CFD 2016-1 Area#2 2,306,852 2,306,852 Enclave at Upland CFD 2022-1 4,228,570 4,228,570 Sycamore Hills CFD 2015-1-2 STB 2022A 952,712 952,712 Total Restricted Funds $ 26,953,456 $ 26,953,456
1. I hereby certify that the investments are in compliance with the investment policy adopted by the City Council in June 10,2024.
2. The City has the ability to meet its budgeted expenditures for the next six months.
3. The market values for funds held in banking institutions do not change. The amounts listed as market values for these items are the same as their book values.
4. The book value for the State Pool is the withdrawal value provided by the State Treasurer.The market value of funds held by the State Treasurer equates to the City's pro-rata share of the market value of the entire State Pool.
5. Sources for current market valuation are Account Statements and the Wall Street Journal GNMA Mortgage rates on the last trading day of the month.
6. This report meets the requirements of Government Code Section 53646.
LDocuSigned by:
S yule.,. Pam, 3/12/2025 I 6:19 AM PDT
111 rBJ6Br6Y..CrB 68
Assistant City Manager(Finance Director) Date
DocuSigned by:
3/12/2025 1 3:27 PM PDT
City Treasurer Date Pgd b,® ri217n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For Period Ended
February 28,2025
Account
Fund or Account Balance
City 98-36-942 1,289,607
Market
Value
Totals $ 1,289,607 $ 1,302,381 *
Yield for Period Ended 2/28/2025 4.33%
*Due to timing delay in receiving February LA/F Market Valuation Report, Market Value is calculated using Market Valuation data as of 1/31/25
Prepariggp6 Rairr P 0,r
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority California Asset Management Plan
For Period Ended
February 28, 2025
Account
Fund or Account Balance
City of Upland 6113-001 32,051,655
Market
Value
Totals $ 32,051,655 $ 32,051,655
Yield for Period Ended 2/28/2025 4.50%
PrepareOa�e� e l
5 Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
February 28,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Negotiable Certificates of Deposit
A+FCU CD 00224TAN6 250,000 250,000 251,103 4.68% 02/17/2026 Alabama CU CD 01025RAF6 250,000 250,000 251,610 5.02% 12/22/2025 Ally Bank Utah CD 02007GH22 250,000 250,000 250,058 4.65% 12/22/2025 American Equity Bank CD 02568KAJ4 250,000 250,000 239,250 0.73% 05/27/2026 American Exp CD 02589AEZ1 250,000 250,000 252,608 4.55% 09/13/2028 BMW Bank North America CD 05580AXF6 250,000 250,000 244,670 0.51% 09/25/2025 Bank Hapoalim CD 06251A6Z8 244,000 244,000 247,038 4.44% 05/21/2029 BankUnited NA CD 066519RW1 249,000 249,000 236,717 1.42% 12/08/2026 Baxter CU CD 07181JAY0 250,000 250,000 251,225 4.48% 01/25/2027 Burke Herbert Finanical Services CD 121331AT9 249,000 249,000 249,172 4.75% 02/13/2026 California CD 130162BB5 250,000 250,000 252,193 5.60% 10/27/2025 Capital One NA CD 14042RQN4 250,000 250,000 237,248 1.32% 12/08/2026 Chartway FCU CD 16141 BAD3 248,000 248,000 249,562 5.02% 12/16/2025 Citibank CD 17325FBK3 513,250 500,000 504,795 4.79% 08/06/2029 City FCU Tax CD 17783PAJ0 249,000 249,000 246,209 3.99% 01/12/2029 City National Bank CD 178180GU3 250,000 250,000 250,235 4.35% 01/12/2026 Clearpath FCU CD 18507MAB7 250,000 250,000 250,195 5.10% 04/27/2026 Communitywide FCU CD 20416TAX0 250,000 250,000 250,950 4.68% 01/06/2026 Connex CU CD 208212601 250,000 250,000 252,973 5.34% 03/18/2026 Connexus CU CD 20825WBR0 250,000 250,000 250,730 5.14% 06/23/2025 Continental Bank CD 211163MG2 250,000 250,000 236,905 0.63% 08/24/2026 Cornerstone CD 21923MAB7 249,000 249,000 243,119 3.79% 10/01/2029 Customers Bank CD 23204HPB8 250,000 250,000 251,620 4.47% 06/14/2028 Discover Bank CD 254676AR0 250,000 250,000 253,135 4.59% 09/18/2028 Dort FCU CD 25844MBC1 250,000 250,000 252,208 4.91% 06/22/2026 Empower FCU CD 291916AE4 250,000 250,000 254,825 5.35% 10/23/2026 Essential CU CD 29669XAP3 250,000 250,000 252,470 4.65% 06/15/2027 Fahey Banking Co CD 303117DG7 250,000 250,000 247,520 3.94% 01/12/2028 First Carolina Bank CD 31944MBJ3 250,000 250,000 242,468 0.52% 12/23/2025 First Foundation Bank CD 32026U5U6 244,000 244,000 247,040 4.54% 05/22/2029 FirstBank of Nebraska CD 32116PAR9 248,000 248,000 234,913 0.63% 08/27/2026 1st Security Bank of Washington CD 33625CDR7 250,000 250,000 248,720 0.30% 04/16/2025 1st Source Bank CD 33646CNW0 250,000 250,000 250,123 4.60% 01/19/2027 First Technology FCU CD 33715LEB2 249,000 249,000 245,531 3.70% 08/05/2027 Generations Bank C D 37149CAV9 250,000 250,000 244,030 3.18% 05/06/2027 Gesa CU CD 37424PAH7 250,000 250,000 253,390 5.18% 07/31/2026 Global FCU CD 37892MAM6 248,000 248,000 250,363 4.95% 06/16/2026 Great Midwest CD 39083PDQ2 249,000 249,000 251,204 4.46% 04/27/2029 Greenstate CU CD 39573LCC0 250,000 250,000 243,923 0.92% 11/24/2025 Gulf Cap Bank CD 40219MAY0 248,000 248,000 244,513 3.90% 09/27/2028 Ideal CU CD 45157PAY6 125,000 125,000 124,828 4.01% 08/29/2025 Industrial Commercial Bank China CD 45581ECJ8 250,000 250,000 249,178 0.45% 03/31/2025 Iriquois Fed CD 46355PDQ8 249,000 249,000 251,694 4.65% 09/17/2027 Jeanne D Arc CD 472207AK5 249,000 249,000 249,981 4.38% 07/31/2028 JPMorgan Chase Bank CD 48128URC5 250,000 250,000 243,553 0.51% 11/10/2025 Kemba FCU CD 48836LBK7 248,000 248,000 248,533 5.39% 05/29/2029 Liberty FED CD 53052LAU3 248,000 248,000 248,578 5.09% 06/09/2025 Live Oak Banking Company CD 538036NV2 250,000 250,000 244,925 0.56% 09/16/2025 Prepaggl6ylliyirtrp2r7n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
February 28,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Malaga Bank CD 56102ABK1 250,000 250,000 235,920 0.90% 11/19/2026 Medallion Bank CD 58404DGK1 250,000 250,000 249,430 1.30% 03/27/2025 Meritrust FCU MTN CD 59001PARO 225,000 225,000 224,145 3.21% 06/30/2025 Milestone Bk CD 59934MAK4 244,000 244,000 244,744 4.39% 12/15/2026 Morgan Stanley CD 616900RE0 244,000 244,000 247,509 4.58% 05/22/2029 Morgan Stanley CD 61768E4B6 244,000 244,000 247,509 4.58% 05/22/2029 NBC Bancorp Inc CD 633398AA0 248,000 248,000 250,277 4.81% 09/14/2026 New York Community Bank CD 649447UY3 250,000 250,000 246,770 0.51% 07/01/2025 Optum Bank Draper CD 68405VAU3 244,000 244,000 246,484 4.65% 09/13/2027 Partners Bank of California CD 70212YAZ5 250,000 250,000 249,233 1.00% 04/02/2025 People's Bank CD 710275AH1 250,000 250,000 249,150 4.06% 01/12/2027 Popular Bank CD 73317ABL5 250,000 250,000 249,683 4.11% 01/08/2026 Poppy Bank CD 73319FAF6 235,893 229,000 228,647 1.10% 03/18/2025 Preferred CU CD 74043RAA2 250,000 250,000 254,480 4.91% 09/15/2027 Red Crown Fed CD 756558AB8 200,000 200,000 203,630 5.30% 10/13/2026 Solarity CU CD 83418NAG6 248,000 248,000 250,557 5.00% 06/23/2026 Southeast Bank CD 84133PFC7 250,000 250,000 247,090 0.46% 06/17/2025 Southern First CD 84287PJB9 244,000 244,000 249,263 4.75% 10/17/2028 Souther States Bank CD 843879EZ6 249,000 249,000 249,127 4.45% 04/14/2025 State Employees CD 85678LAA3 249,000 249,000 251,943 4.74% 05/24/2027 Tandem Bank CD 87537YAB0 250,000 250,000 247,195 0.56% 06/23/2025 Texas Exchange Bank CD 88241TMG2 249,000 249,000 236,343 1.21% 11/13/2026 Third Federal Savings&Loan CD 88413QDE5 250,000 250,000 247,960 0.81% 05/23/2025 Toyota Financial Savings Bank CD 89235MLE9 249,860 248,000 236,795 0.99% 07/29/2026 True Sky Credit CD 89786MAH7 250,000 250,000 251,415 4.47% 11/30/2027 TTCU Federal CU CD 89854LAD5 250,000 250,000 255,798 4.89% 07/26/2028 Tucson FCU CD 898812AC6 250,000 250,000 255,988 4.88% 09/08/2028 USAlliance FCU CD 90352RCD5 100,000 100,000 97,377 1.39% 01/28/2026 USAlliance FCU CD 90352RDL6 149,000 149,000 151,567 4.62% 06/28/2029 Union Bank CD 90520VAX1 250,000 250,000 240,583 0.62% 03/19/2026 Utah First CD 91739JAJ4 249,000 249,000 251,657 4.50% 04/30/2029 Vibrant CU CD 92559TAL2 248,000 248,000 250,854 5.29% 03/20/2026 Negotiable Certificates of Deposit Subtotal $ 19,726,003 $ 19,704,000 $ 19,626,946 Cash and Equivalents(Money Market Fund)
First American Govt OB Fund-Y 31846V203 2,612,689 2,612,689 2,612,689 3.98% Money Market Fund Subtotal $ 2,612,689 $ 2,612,689 $ 2,612,689 Municipal Bond Fund
Burbank Glendale,CA 120827EJ5 2,029,661 1,990,000 2,049,581 5.02% 07/01/2029 Corona, CA 21969AAH5 924,000 1,000,000 915,270 2.23% 05/01/2029 Klamath Trinity, CA-2021 B 498422JJ4 15,075 15,000 14,837 1.54% 08/01/2025 Riverside,CA 769036BR4 944,250 1,000,000 934,220 3.02% 06/01/2029 Pregiyfprnn
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
February 28,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Riverside Cnty,CA 76913CBA6 950,120 1,000,000 986,270 2.90% 02/15/2026 San Bernardino,CA 796720PA2 300,000 300,000 295,902 0.85% 08/01/2025 San Bernardino, CA 796720PB0 250,000 250,000 239,600 1.14% 08/01/2026 Municipal Bond Fund Subtotal $ 5,413,106 $ 5,555,000 $ 5,435,679 Government Securities
Federal Home Ln Bks DEB 3130AKLH7 1,500,000 1,500,000 1,467,165 0.77% 12/30/2025 Federal Home Ln Bks DEB 3130AKQX7 2,000,000 2,000,000 1,938,020 0.72% 01/28/2026 Federal Home Ln Bks DEB 3130AKWK8 2,000,000 2,000,000 1,931,940 0.53% 02/12/2026 Federal Home Ln Bks DEB 3130AL6A7 1,000,000 1,000,000 969,660 0.83% 02/26/2026 Federal Home Ln Bks DEB 3130AL6L3 1,000,000 1,000,000 969,060 0.77% 02/26/2026 Federal Home Ln Bks DEB 3130ALN34 1,100,000 1,100,000 1,097,679 0.70% 03/24/2025 Federal Home Ln Bks DEB 3130ALPJ7 1,000,000 1,000,000 988,440 0.83% 06/30/2025 Federal Home Ln Bks DEB 3130ALZ80 1,300,000 1,300,000 1,277,432 0.76% 04/29/2026 Federal Home Ln Bks DEB 3130AMBD3 1,500,000 1,500,000 1,462,650 1.03% 05/12/2026 Federal Home Ln Bks DEB 3130AMET5 2,000,000 2,000,000 1,956,760 1.79% 05/27/2026 Federal Home Ln Bks DEB 3130AN3R9 1,500,000 1,500,000 1,437,180 1.18% 07/20/2026 Federal Home Ln Bks DEB 3130APJ55 1,600,000 1,600,000 1,527,776 1.31% 10/26/2026 Federal Home Ln Bks DEB 3130APU37 1,500,000 1,500,000 1,429,410 1.36% 11/24/2026 Federal Home Ln Bks DEB 3130APV51 2,000,000 2,000,000 1,960,780 1.28% 11/24/2026 Federal Home Ln Bks DEB 3130AQ5D1 1,500,000 1,500,000 1,464,075 1.23% 12/22/2025 Federal Home Ln Bks DEB 3130ARCL3 1,000,000 1,000,000 966,940 2.59% 03/30/2027 Federal Home Ln Bks DEB 3130ARKL4 591,600 600,000 602,466 4.23% 04/21/2027 Federal Home Ln Bks DEB 3130AWBZ2 998,300 1,000,000 1,002,670 4.11% 06/11/2027 Federal Home Ln Bks DEB 3130AWTR1 1,991,760 2,000,000 2,024,420 4.32% 09/08/2028 Fed Home Ln Mort Corp#WN1356 3132XFQJ0 1,481,250 1,500,000 1,493,940 4.32% 04/01/2029 Fed Home Ln Mort Corp#WN2560 3132XGZ25 994,688 1,000,000 1,004,250 4.83% 01/01/2029 Fed Home Ln Mort Corp#WN5034F 3132XKSY4 2,012,500 2,000,000 1,965,820 4.21% 07/01/2029 Federal Farm Credit Bks DEB 3133EMBK7 1,500,000 1,500,000 1,494,090 0.45% 04/07/2025 Federal Farm Credit Bks DEB 3133EMTQ5 1,100,000 1,100,000 1,098,196 0.70% 03/17/2025 Federal Farm Credit Bks DEB 3133ENAF7 1,235,150 1,250,000 1,189,813 1.05% 10/07/2026 Federal Farm Credit Bks DEB 3133ENHW3 1,250,000 1,250,000 1,237,163 1.18% 06/23/2025 Federal Farm Credit Bks DEB 3133EPN50 998,000 1,000,000 1,007,220 4.22% 12/15/2028 Federal Farm Credit Bks DEB 3133EPPR0 750,803 750,000 753,998 4.60% 04/10/2026 Federal Home Ln Corp MTN 3134GW4C7 1,379,420 1,400,000 1,326,486 0.84% 10/27/2026 Federal Home Ln Corp MTN 3134GWH82 1,500,000 1,500,000 1,472,100 0.64% 09/08/2025 Federal Home Ln Corp MTN 3134GWWT9 1,500,000 1,500,000 1,468,275 0.56% 09/30/2025 Federal Home Ln Corp MTN 3134GWZG4 2,000,000 2,000,000 1,954,520 0.61% 10/20/2025 Federal Home Ln Corp MTN 3134GXAP9 1,500,000 1,500,000 1,463,130 0.62% 11/12/2025 Federal Home Ln Corp MTN 3134GXBM5 1,500,000 1,500,000 1,463,055 0.62% 11/12/2025 Fed Natl Mortgage Assoc 3136G4A45 1,500,000 1,500,000 1,478,835 0.72% 07/22/2025 Fed Natl Mortgage Assoc#AN1614 3138LDYL1 1,896,875 2,000,000 1,952,360 2.53% 06/01/2026 Fed Natl Mortgage Assoc#BL4424 3140HV4J0 1,427,389 1,589,852 1,451,026 2.34% 10/01/2029 Fed Natl Mortgage Assoc#BL3660 3140HVB60 1,869,060 1,981,117 1,854,425 2.90% 08/01/2029 Fed Natl Mortgage Assoc#BL5322 3140HW4G4 1,568,438 1,750,000 1,592,658 2.67% 01/01/2030 Fed Natl Mortgage Assoc#BS1416 3140LBSE4 594,825 660,000 601,372 1.20% 03/01/2028 Prepagl6Vlartrp2r7n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority US Bank Investments
For Period Ended
February 28,2025
Par Market Stated Maturity
Investment Name CUSIP Cost Value Value Rate Date Fed Natl Mortgage Assoc#BS5506 3140LGDL3 772,922 825,000 781,754 3.27% 06/01/2029 Fed Natl Mortgage Assoc#BS5552 3140LGE24 1,995,544 2,130,000 2,035,194 3.50% 05/01/2029 Fed Natl Mortgage Assoc#BS8656 3140LKTN3 659,588 660,000 664,904 4.81% 06/01/2028 Fed Natl Mortgage Assoc#BZ0815 3140NU3Z0 1,499,063 1,500,000 1,515,075 4.60% 04/01/2029 Fed Natl Mortgage Assoc#BZ1806 3140NWAG0 1,463,438 1,500,000 1,476,885 4.11% 09/01/2029 Fed Natl Mortgage Assoc#BZ1969A 3140NWFK6 689,719 700,000 687,967 4.08% 10/01/2029 Fed Natl Mortgage Assoc#BA2127A 3140NWLH6 1,473,750 1,500,000 1,477,545 4.25% 10/01/2029 Fed Natl Mortgage Assoc#BZ2336 3140NWS22 1,491,563 1,500,000 1,502,640 4.47% 11/01/2029 Fed Natl Mortgage Assoc#BZ2399 3140NWUZ6 492,656 500,000 497,660 4.30% 11/01/2029 Fed Natl Mortgage Assoc#BZ2524 3140NWYW9 1,492,969 1,500,000 1,506,675 4.76% 12/01/2029 Fed Natl Mortgage Assoc#BZ2748 3140NXBS1 494,688 500,000 498,785 4.37% 01/01/2030 Fed Natl Mortgage Assoc#BZ2776 3140NXCN1 997,500 1,000,000 1,009,240 4.58% 01/01/2030 Government Securities Subtotal $ 70,163,453 $ 71,145,969 $ 69,451,576 US Treasury
US Treasury Note 2.625% 9128286B1 928,900 1,000,000 950,000 2.76% 02/15/2029 US Treasury Note 0.625% 912828ZE3 220,875 250,000 233,370 0.67% 03/31/2027 US Treasury Note 0.375% 91282CBC4 1,476,450 1,500,000 1,454,175 0.39% 12/31/2025 US Treasury Note 3.750% 91282CJR3 978,600 1,000,000 991,060 3.78% 12/31/2028 US Treasury Note 4.000% 91282CJW2 989,100 1,000,000 999,920 4.00% 01/31/2029 US Treasury Subtotal $ 4,593,925 $ 4,750,000 $ 4,628,525 Total Portfolio $ 102,509,176 $ 103,767,658 $ 101,755,416 Pre 6 323t n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
February 28,2025
No.of
days until Days to maturity Total by
February 28,2025 Market Value Availability maturity Weight weighted average maturity Petty Cash 32,898 2/28/2025 0 0.0% - Checking Account 5,372,836 3/1/2025 1 3.8% 0.04 Utility&Credit Cards Account 42,820 3/1/2025 1 0.0% 0.00 Successor Agency 175,066 3/1/2025 1 0.1% - Total Bank Accounts 5,623,619 5,623,619 State Local Agency Investment Fund 1,302,381 3/1/2025 1 0.9% 0.01 1,302,381 California Asset Management Plan 32,051,655 2/28/2025 0 22.8% - 32,051,655 First American Govt OB Fund-Y 2,612,689 3/1/2025 1 1.9% 0.02 Money Market Accounts 2,612,689 2,612,689 Federal Home Ln Bks DEB 1,097,679 3/24/2025 24 0.8% 0.19 Federal Farm Credit Bks DEB 1,098,196 3/17/2025 17 0.8% 0.13 Government Securities 2,195,875 2,195,875 Medallion Bank CD 249,430 3/27/2025 27 0.2% 0.05 Poppy Bank CD 228,647 3/18/2025 18 0.2% 0.03 Negotiable Certificates of Deposit 478,077 478,077 $ 44,264,297 1 -30 days
Federal Farm Credit Bks DEB 1,494,090 4/7/2025 38 1.1% 0.40 Government Securities 1,494,090 1,494,090 1st Security Bank of Washington CD 248,720 4/16/2025 47 0.2% 0.08 Industrial Commercial Bank China CD 249,178 3/31/2025 31 0.2% 0.05 Partners Bank of California CD 249,233 4/2/2025 33 0.2% 0.06 Souther States Bank CD 249,127 4/14/2025 45 0.2% 0.08 Negotiable Certificates of Deposit 996,257 996,257 $ 2,490,347 31 -60 days
Federal Farm Credit Bks DEB 1,237,163 6/23/2025 115 0.9% 1.01 Government Securities 1,237,163 1,237,163 Connexus CU CD 250,730 6/23/2025 115 0.2% 0.20 Liberty FED CD 248,578 6/9/2025 101 0.2% 0.18 Southeast Bank CD 247,090 6/17/2025 109 0.2% 0.19 Tandem Bank CD 247,195 6/23/2025 115 0.2% 0.20 Third Federal Savings&Loan CD 247,960 5/23/2025 84 0.2% 0.15 Negotiable Certificates of Deposit 1,241,553 1.241,553 $ 2,478,715 61 -120 days
Federal Home Ln Bks DEB 988,440 6/30/2025 122 0.7% 0.86 Fed Natl Mortgage Assoc 1,478,835 7/22/2025 144 1.1% 1.51 Government Securities 2,467,275 2,467,275 Meritrust FCU MTN CD 224,145 6/30/2025 122 0.2% 0.19 New York Community Bank CD 246,770 7/1/2025 123 0.2% 0.22 Negotiable Certificates of Deposit 470,915 470,915 Klamath Trinity,CA-2021 B 14,837 8/1/2025 154 0.0% 0.02 San Bernardino,CA 295,902 8/1/2025 154 0.2% 0.32 Municipal Bonds 310,739
$ 2,938,190 121 -180 days
Federal Home Ln Bks DEB 1,467,165 12/30/2025 305 1.0% 3.18 Federal Home Ln Bks DEB 1,938,020 1/28/2026 334 1.4% 4.60 Federal Home Ln Bks DEB 1,931,940 2/12/2026 349 1.4% 4.79 Federal Home Ln Bks DEB 969,660 2/26/2026 363 0.7% 2.50 FRa;..- 213) ri12h7n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
February 28,2025
No.of
days until Days to maturity Total by
February 28,2025 Market Value Availability maturity Weight weighted average maturity Federal Home Ln Bks DEB 969,060 2/26/2026 363 0.7% 2.50 Federal Home Ln Bks DEB 1,464,075 12/22/2025 297 1.0% 3.09 Federal Home Ln Corp MTN 1,472,100 9/8/2025 192 1.0% 2.01 Federal Home Ln Corp MTN 1,468,275 9/30/2025 214 1.0% 2.23 Federal Home Ln Corp MTN 1,954,520 10/20/2025 234 1.4% 3.25 Federal Home Ln Corp MTN 1,463,130 11/12/2025 257 1.0% 2.67 Federal Home Ln Corp MTN 1,463,055 11/12/2025 257 1.0% 2.67 Government Securities 16,561,000 16,561,000 A+FCU CD 251,103 2/17/2026 354 0.2% 0.63 Alabama CU CD 251,610 12/22/2025 297 0.2% 0.53 Ally Bank Utah CD 250,058 12/22/2025 297 0.2% 0.53 BMW Bank North America CD 244,670 9/25/2025 209 0.2% 0.36 Burke Herbert Finanical Services CD 249,172 2/13/2026 350 0.2% 0.62 California CD 252,193 10/27/2025 241 0.2% 0.43 Chartway FCU CD 249,562 12/16/2025 291 0.2% 0.52 City National Bank CD 250,235 1/12/2026 318 0.2% 0.57 Communitywide FCU CD 250,950 1/6/2026 312 0.2% 0.56 First Carolina Bank CD 242,468 12/23/2025 298 0.2% 0.51 Greenstate CU CD 243,923 11/24/2025 269 0.2% 0.47 Ideal CU CD 124,828 8/29/2025 182 0.1% 0.16 JPMorgan Chase Bank CD 243,553 11/10/2025 255 0.2% 0.44 Live Oak Banking Company CD 244,925 9/16/2025 200 0.2% 0.35 Popular Bank CD 249,683 1/8/2026 314 0.2% 0.56 USAlliance FCU CD 97,377 1/28/2026 334 0.1% 0.23 Negotiable Certificates of Deposit 3,696,306 3,696,306 US Treasury Note 0.375% 1,454,175 12/31/2025 306 1.0% 3.16 US Treasury 1,454,175 1,454,175
Riverside Cnty,CA 986,270 2/15/2026 352 0.7% 2.47 Municipal Bonds 986,270 986,270
$ 22,697,751 181 -1 year
Federal Home Ln Bks DEB 1,277,432 4/29/2026 425 0.9% 3.86 Federal Home Ln Bks DEB 1,462,650 5/12/2026 438 1.0% 4.55 Federal Home Ln Bks DEB 1,956,760 5/27/2026 453 1.4% 6.30 Federal Home Ln Bks DEB 1,437,180 7/20/2026 507 1.0% 5.18 Federal Home Ln Bks DEB 1,527,776 10/26/2026 605 1.1% 6.57 Federal Home Ln Bks DEB 1,429,410 11/24/2026 634 1.0% 6.44 Federal Home Ln Bks DEB 1,960,780 11/24/2026 634 1.4% 8.83 Federal Farm Credit Bks DEB 1,189,813 10/7/2026 586 0.8% 4.95 Federal Farm Credit Bks DEB 753,998 4/10/2026 406 0.5% 2.18 Federal Home Ln Corp MTN 1,326,486 10/27/2026 606 0.9% 5.71 Fed Natl Mortgage Assoc#AN1614 1,952,360 6/1/2026 458 1.4% 6.35 Government Securities 16,274,644 16,274,644 American Equity Bank CD 239,250 5/27/2026 453 0.2% 0.77 BankUnited NA CD 236,717 12/8/2026 648 0.2% 1.09 Baxter CU CD 251,225 1/25/2027 696 0.2% 1.24 Capital One NA CD 237,248 12/8/2026 648 0.2% 1.09 Clearpath FCU CD 250,195 4/27/2026 423 0.2% 0.75 Connex CU CD 252,973 3/18/2026 383 0.2% 0.69 Continental Bank CD 236,905 8/24/2026 542 0.2% 0.91 Dort FCU CD 252,208 6/22/2026 479 0.2% 0.86 Empower FCU CD 254,825 10/23/2026 602 0.2% 1.09 FirstBank of Nebraska CD 234,913 8/27/2026 545 0.2% 0.91 1st Source Bank CD 250,123 1/19/2027 690 0.2% 1.23 Gesa CU CD 253,390 7/31/2026 518 0.2% 0.93 Global FCU CD 250,363 6/16/2026 473 0.2% 0.84 Malaga Bank CD 235,920 11/19/2026 629 0.2% 1.05 Milestone Bk CD 244,744 12/15/2026 655 0.2% 1.14 NBC Bancorp Inc CD 250,277 9/14/2026 563 0.2% 1.00 People's Bank CD 249,150 1/12/2027 683 0.2% 1.21 Red Crown Fed CD 203,630 10/13/2026 592 0.1% 0.86
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
February 28,2025
No.of
days until Days to maturity Total by
February 28,2025 Market Value Availability maturity Weight weighted average maturity Solarity CU CD 250,557 6/23/2026 480 0.2% 0.85 Texas Exchange Bank CD 236,343 11/13/2026 623 0.2% 1.05 Toyota Financial Savings Bank CD 236,795 7/29/2026 516 0.2% 0.87 Union Bank CD 240,583 3/19/2026 384 0.2% 0.66 Vibrant CU CD 250,854 3/20/2026 385 0.2% 0.69 Negotiable Certificates of Deposit 5,599,187 5,599,187 San Bernardino,CA 239,600 8/1/2026 519 0.2% 0.88 Municipal Bonds 239,600 239,600
$ 22,113,431 1-2 years
Federal Home Ln Bks DEB 966,940 3/30/2027 760 0.7% 5.22 Federal Home Ln Bks DEB 602,466 4/21/2027 782 0.4% 3.35 Federal Home Ln Bks DEB 1,002,670 6/11/2027 833 0.7% 5.93 Government Securities 2,572,076 2,572,076 Essential CU CD 252,470 6/15/2027 837 0.2% 1.50 Fahey Banking Co CD 247,520 1/12/2028 1048 0.2% 1.84 First Technology FCU CD 245,531 8/5/2027 888 0.2% 1.55 Generations Bank C D 244,030 5/6/2027 797 0.2% 1.38 Iriquois Fed CD 251,694 9/17/2027 931 0.2% 1.67 Optum Bank Draper CD 246,484 9/13/2027 927 0.2% 1.62 Preferred CU CD 254,480 9/15/2027 929 0.2% 1.68 State Employees CD 251,943 5/24/2027 815 0.2% 1.46 True Sky Credit CD 251,415 11/30/2027 1005 0.2% 1.80 Negotiable Certificates of Deposit 2,245,568 2,245,568 US Treasury Note 0.625% 233,370 3/31/2027 761 0.2% 1.26 US Treasury 233,370 233,370
$ 5,051,014 2-3 years
Federal Home Ln Bks DEB 2,024,420 9/8/2028 1288 1.4% 18.53 Fed Home Ln Mort Corp#WN2560 1,004,250 1/1/2029 1403 0.7% 10.01 Federal Farm Credit Bks DEB 1,007,220 12/15/2028 1386 0.7% 9.92 Fed Natl Mortgage Assoc#BS1416 601,372 3/1/2028 1097 0.4% 4.69 Fed Natl Mortgage Assoc#BS8656 664,904 6/1/2028 1189 0.5% 5.62 Government Securities 5,302,166 5,302,166 American Exp CD 252,608 9/13/2028 1293 0.2% 2.32 City FCU Tax CD 246,209 1/12/2029 1414 0.2% 2.47 Customers Bank CD 251,620 6/14/2028 1202 0.2% 2.15 Discover Bank CD 253,135 9/18/2028 1298 0.2% 2.33 Gulf Cap Bank CD 244,513 9/27/2028 1307 0.2% 2.27 Jeanne D Arc CD 249,981 7/31/2028 1249 0.2% 2.22 Southern First CD 249,263 10/17/2028 1327 0.2% 2.35 TTCU Federal CU CD 255,798 7/26/2028 1244 0.2% 2.26 Tucson FCU CD 255,988 9/8/2028 1288 0.2% 2.34 Negotiable Certificates of Deposit 2,259,113 2,259,113 US Treasury Note 2.625% 950,000 2/15/2029 1448 0.7% 9.77 US Treasury Note 3.750% 991,060 12/31/2028 1402 0.7% 9.87 US Treasury Note 4.000% 999,920 1/31/2029 1433 0.7% 10.18 US Treasury 2,940,980 2.940,980
$ 10,502,259 3-4 years
Fed Home Ln Mort Corp#WN1356 1,493,940 4/1/2029 1493 1.1% 15.85 Fed Home Ln Mort Corp#WN5034F 1,965,820 7/1/2029 1584 1.4% 22.13 Fed Natl Mortgage Assoc#BL4424 1,451,026 10/1/2029 1676 1.0% 17.28 Fed Natl Mortgage Assoc#BL3660 1,854,425 8/1/2029 1615 1.3% 21.28 Fed Natl Mortgage Assoc#BL5322 1,592,658 1/1/2030 1768 1.1% 20.01 Fed Natl Mortgage Assoc#BS5506 781,754 6/1/2029 1554 0.6% 8.63 la;..- 29r1(2h7n
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Investment Portfolio
For Period Ended
February 28,2025
No.of
days until Days to maturity Total by
February 28,2025 Market Value Availability maturity Weight weighted average maturity Fed Natl Mortgage Assoc#BS5552 2,035,194 5/1/2029 1523 1.4% 22.02 Fed Natl Mortgage Assoc#BZ0815 1,515,075 4/1/2029 1493 1.1% 16.07 Fed Natl Mortgage Assoc#BZ1806 1,476,885 9/1/2029 1646 1.0% 17.27 Fed Natl Mortgage Assoc#BZ1969A 687,967 10/1/2029 1676 0.5% 8.19 Fed Natl Mortgage Assoc#BA2127A 1,477,545 10/1/2029 1676 1.0% 17.60 Fed Natl MortgageAssoc#BZ2336 1,502,640 11/1/2029 1707 1.1% 18.23 Fed Natl Mortgage Assoc#BZ2399 497,660 11/1/2029 1707 0.4% 6.04 Fed Natl Mortgage Assoc#BZ2524 1,506,675 12/1/2029 1737 1.1% 18.60 Fed Natl Mortgage Assoc#BZ2748 498,785 1/1/2030 1768 0.4% 6.27 Fed Natl Mortgage Assoc#BZ2776 1,009,240 1/1/2030 1768 0.7% 12.68 Government Securities 21,347,287 21,347,287 Bank Hapoalim CD 247,038 5/21/2029 1543 0.2% 2.71 Citibank CD 504,795 8/6/2029 1620 0.4% 5.81 Cornerstone CD 243,119 10/1/2029 1676 0.2% 2.90 First Foundation Bank CD 247,040 5/22/2029 1544 0.2% 2.71 Great Midwest CD 251,204 4/27/2029 1519 0.2% 2.71 Kemba FCU CD 248,533 5/29/2029 1551 0.2% 2.74 Morgan Stanley CD 247,509 5/22/2029 1544 0.2% 2.72 Morgan Stanley CD 247,509 5/22/2029 1544 0.2% 2.72 USAlliance FCU CD 151,567 6/28/2029 1581 0.1% 1.70 Utah First CD 251,657 4/30/2029 1522 0.2% 2.72 Negotiable Certificates of Deposit 2,639,970 2,639,970 Burbank Glendale,CA 2,049,581 7/1/2029 1584 1.5% 23.07 Corona,CA 915,270 5/1/2029 1523 0.7% 9.90 Riverside,CA 934,220 6/1/2029 1554 0.7% 10.32 Municipal Bonds 3,899,071 3,899,071
$ 27,886,328 4-5 years
Total Investments $ 140,733,071 100% 587 $140,422,332 Average Maturity in Days 587
Average Maturity in Years: 2
FRag Page ' r 2 n
9 3/10/2025
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority CA Government Code Section 53607
For Period Ended
February 28,2025
Issue Par Market Maturity
Investment Name CUSIP ID Date Cost Value Value Date Sales&Maturities
Fed Natl Mortgage Assoc#BL4424 3140HV4J0 10/1/2019 2,255.15 2,511.83 2,292.50 10/1/2029 Fed Natl Mortgage Assoc#BL3660 3140HVB60 8/1/2019 2,932.66 3,108.48 2,909.69 8/1/2029 General Electric CU CD 369674CJ3 2/15/2023 250,000.00 250,000.00 250,007.50 2/14/2025 Federal Home Ln Bks DEB 3130AUS88 2/16/2023 1,500,000.00 1,500,000.00 1,500,375.00 2/16/2028 Federal Home Ln Bks DEB 3130AMZP0 6/28/2021 1,500,000.00 1,500,000.00 1,496,115.00 2/28/2025 Sales&Maturities Subtotal $ 3,255,187.81 $3,255,620.31 $3,251,699.69 Purchases
Fed Natl Mortgage Assoc#BZ2336 3140NWS22 11/1/2024 1,491,562.50 1,500,000.00 1,502,640.00 11/1/2029 Fed Natl Mortgage Assoc#BZ2776 3140NXCN1 1/1/2025 997,500.00 1,000,000.00 1,009,240.00 1/1/2030 Purchases Subtotal $ 2,489,062.50 $2,500,000.00 $2,511,880.00 Preppley
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Maturities in Thousands of Dollars
For Period Ended
February 28, 2025
1 day 31 days 61 days 121 days 181 days 1 year 2 years 3 years 4 years to to to to to to I to to to
Investment Portfolio 30 days 60 days 120 days 180 days 1 year 2 years 3 years 4 years 5 years State Local Agency Investment Fund 1,302 - - - - - - - - California Asset Management Plan 32,052 - - - - - - - - Bank Accounts and Change Funds 5,624 - - - - - - - - Negotiable Certificates of Deposit 478 996 _ 1,242 471 3,696 5,599 2,246 2,259 2,640 Government Securities I 2,196 1,494 _ 1,237 2,467 16,561 16,275 2,572 5,302 21,347 Money Market Fund —1 2,613 - - - - - - - Municipal Bonds - - - 311 986 240 - - 3,899 US Treasury - - - - 1,454 - 233 2,941 - Total Cash and Investments $44,265 $ 2,490 $ 2,479 $ 3,249 $22,697 $22,114 $ 5,051 $ 10,502 $27,886 II
Percentage 31.45% 1.77% 1.76% 2.31% 16.13% 15.71% 3.59% 7.46% 19.82%
INVESTMENTS BY MATURITY
2 years to 3 years
1 year to 2 years 3.59%
—
15.71%
3 years to 4 years
181 days to 1 year 7.46%
16.13%
4 years to 5 years
19.82%
121 days to 180
days 2.31%
61 days to 120
days 1.76%
31 days to
60 days 1.77%
1 day to 30 days
31.45%
Prep/28rr&1
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority Bank Accounts and Change Funds
For Period Ended
February 28, 2025
Account Insured Collateralized Total
Name Institution Deposits Deposits Deposits
Petty Cash
City of Upland City of Upland $ - $ - $ 32,898 City of Upland
Payroll Zero Balance Account Chase - - - City of Upland
Checking Account Chase 250,000 5,122,836 5,372,836 City of Upland
Utility& Credit Cards Account Chase 42,820 - 42,820 City of Upland
Successor Agency Chase 175,066 - 175,066 Totals $ 467,886 $ 5,122,836 $ 5,623,619
Prepare�,a�e� e �
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E
TREASURER'S REPORT
City of Upland - Successor Agency - Public Financing Authority State Local Agency Investment Fund
For 12 Month Period Ended
February 28, 2025
Month Yield
March-2024 4.23%
April-2024 4.27%
May-2024 4.33%
June-2024 4.48%
July-2024 4.52%
August-2024 4.58%
September-2024 4.58%
October-2024 4.52%
November-2024 4.48%
December-2024 4.43%
January-2025 4.37%
February-2025 4.33%
Average Yield On Investment Portfolio
4.70%
4.60%
4.50%
4.40%
4.30%
4.20%
4.10%
4.00%
ti, ti� ti" ti� ti� ti� ti� ti� ti� ti� tih O ,O ,0 ,0 ,O ,0 ,ti0 ,O .O ,O ,O .LO atr �i\ aJ ��e \� Jy� sec sec �a� met a.6 a6 QJa° � o ,ee `ems la eo�.�
�eQ �o Qz F
Prepare0aye ci3
Docusign Envelope ID:C33EAF47-4F8F-4F99-AF4B-FAF74EE7C68E March-2024 April-2024 May-2024 June-2024 July-2024 August-2024 September-2024 October-2024 November-2024 December-2024 January-2025 February-2025 Investment Portfolio
State Local Agency Investment Fund(LAIF) 8,165,694 5,738,513 1,228,815 1,218,471 1,270,702 1,273,693 1,275,008 1,287,040 1,287,663 1,286,657 1,302,381 1,302,381 California Asset Management Plan(CAMP) 31,366,454 35,511,736 35,667,423 37,319,358 25,471,211 23,583,738 21,679,655 20,769,937 21,351,474 21,436,959 34,938,121 32,051,655 Negotiable Certificates of Deposit 25,434,176 25,146,286 24,598,093 24,096,892 23,891,458 23,589,222 23,963,760 23,138,047 21,857,191 20,915,991 19,860,577 19,626,946 Money Market Fund 3,100,698 3,537,396 994,116 2,266,289 177,239 365,257 1,013,801 1,634,473 1,282,318 2,970,445 1,638,182 2,612,689 Municipal Bonds 1,533,303 1,527,597 1,531,768 1,533,372 3,587,504 3,573,166 3,616,265 5,398,155 5,418,081 5,379,438 5,389,045 5,435,679 Government Agency Securities 59,868,893 59,663,646 63,208,309 64,382,476 65,588,408 66,664,536 66,296,770 65,290,435 67,278,098 66,795,537 69,520,942 69,451,576 Corporate Bonds - - - - - - - - - - - - US Treasury 4,512,223 4,446,395 4,485,273 4,513,773 4,582,538 4,621,215 4,654,678 4,581,668 4,593,315 4,573,988 4,587,668 4,628,525 Total Investments $133,981,439 $135,571,569 $131,713,797 $135,330,631 $124,569,059 $123,670,828 $ 122,499,938 $ 122,099,754 $ 123,068,141 $ 123,359,014 $ 137,236,914 $ 135,109,452 Weighted Average Days to Maturity 483.70 461.83 471.80 499.32 572.63 593.57 624.20 625.11 644.59 587.03 586.30 586.81 Blended Yield: 3.14% 3.08% 3.02% 3.15% 3.07% 2.98% 3.02% 2.95% 2.90% 2.88% 3.07% 3.05% Cash
Bank Accounts and Change of Funds 5,023,019 5,167,174 13,970,016 8,130,947 7,113,239 3,277,829 2,544,190 1,698,628 4,126,869 9,249,352 2,656,231 5,623,619 Total Cash $ 5,023,019 $ 5,167,174 $ 13,970,016 $ 8,130,947 $ 7,113,239 $ 3,277,829 $ 2,544,190 $ 1,698,628 $ 4,126,869 $ 9,249,352 $ 2,656,231 $ 5,623,619 Total Cash and Investments $139,004,459 $140,738,742 $145,683,813 $143,461,577 $131,682,298 $126,948,657 $ 125,044,127 $ 123,798,382 $ 127,195,010 $ 132,608,367 $ 139,893,145 $ 140,733,071 PARS Investment Portfolio
115 Trust-OPEB Investment 1,936,964 2,184,493 2,247,348 2,272,555 2,321,327 2,360,733 2,392,170 2,340,868 2,395,435 2,344,893 2,383,062 2,403,858 115 Trust-Pension Investment 4,855,290 7,104,472 7,289,805 7,376,442 7,533,336 8,330,830 8,444,947 8,267,581 8,430,889 8,430,889 8,387,542 8,481,040 Total Restricted Funds Held in Trust $ 6,792,254 $ 9,288,965 $ 9,537,153 $ 9,648,997 $ 9,854,664 $ 10,691,564 $ 10,837,117 $ 10,608,449 $ 10,826,324 $ 10,775,782 $ 10,770,605 $ 10,884,899 Benchmarks:
LAIF 4.23% 4.27% 4.33% 4.48% 4.52% 4.58% 4.58% 4.52% 4.48% 4.43% 4.37% 4.33% CAMP 5.50% 5.45% 5.43% 5.44% 5.44% 5.42% 5.29% 5.01% 4.81% 4.65% 4.55% 4.50% 2yr U.S.Treasury 4.59% 5.04% 4.82% 4.71% 4.29% 3.91% 3.66% 4.16% 4.13% 4.25% 4.22% 3.99% 5yr U.S.Treasury 4.21% 4.72% 4.42% 4.33% 3.97% 3.71% 3.58% 4.15% 4.05% 4.38% 4.36% 4.03% Restricted Funds with Fiscal Agent
Wtr Sys Lease Rev Ref Bonds 2011
Wtr Revenue Bonds 2022 15,636,280 15,501,562 15,501,626 15,501,692 15,501,755 15,501,821 16,516,671 15,501,951 15,502,017 15,502,081 15,502,147 15,502,213 Wtr Sys Lease Rev Ref Bonds 2021 48,773 0 - - - - 608,773 - - - - - Successor Agency TAN 2013/TAN 2016-Me 0 0 - - - 2,618,344 1 2 2 2 2 163,469 Colonies CFD Area#1 2012 - - - - - - - - - - - - Colonies CFD Area#1 2022 1,122,204 1,122,209 1,122,212 1,122,216 1,122,219 1,497,100 294,865 294,866 294,866 294,866 294,866 462,072 Colonies CFD Area#2 2015 2,010,387 2,010,393 2,010,404 2,010,413 2,010,421 2,429,242 1,328,142 1,328,148 1,328,153 1,328,159 1,328,164 1,540,571 Upland 54 CFD 2004 203,448 203,449 203,449 203,449 203,450 226,002 128,003 128,003 128,003 128,003 128,003 150,953 Sycamore Hills CFD 2015-1 824,056 824,059 824,060 824,061 824,062 1,115,102 744,257 744,257 744,258 744,258 744,259 905,735 Harvest at Upland CFD 2016-1 Area#1 743,629 746,634 749,547 752,572 755,509 914,107 574,419 576,659 578,762 580,730 582,705 740,309 Harvest at Upland CFD 2016-1 Area#2 2,435,366 2,435,376 2,435,384 2,435,392 2,435,400 2,568,647 2,156,897 2,156,904 2,156,911 2,156,917 2,156,924 2,306,852 4,062,915 4,078,970 4,094,517 4,110,632 4,126,259 4,160,128 4,078,287 4,093,130 4,107,462 4,120,735 4,133,924 4,228,570 Sycamore Hills CFD 2015-1-2 848,106 848,109 848,111 848,101 848,113 1,135,802 771,560 750,327 771,562 771,563 771,564 952,712 Total Restricted Funds $ 27,935,164 $ 27,770,761 $ 27,789,310 $ 27,808,528 $ 27,827,188 $ 32,166,295 $ 27,201,875 $ 25,574,247 $ 25,611,996 $ 25,627,314 $ 25,642,558 $ 26,953,456 PPage 16 of 16 Page rJ I eor 1 /70 2025
, trpl" CITY FUPLAND
"The City of Gracious Living"
Stafif(krcifil
C�tIFOB�S
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
STACI SULLIVAN,FINANCE MANAGER
SUBJECT: CONSIDER APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS RECOMMENDED ACTION:
It is recommended that the City Council approve the February warrant registers totaling$9,143,021.52(check numbers 51676 — 52017 and direct disbursements) and payroll registers totaling $1,974,825.91 (check numbers 164156 - 164161 and electronic fund transfers 53 107—53684).
GOAL STATEMENT
The proposed action supports the City's goal of managing the City's resources in a fiscally responsible and transparent manner.
BACKGROUND
The City Council is presented with the financial disbursements for the purchase of materials,supplies,services,capital projects,and payroll warrants issued in the prior month. This process provides the City Council with the opportunity to review the monthly expenses of the city.
ISSUES AND ANALYSIS
In accordance with Government Code 37208,the Finance Manager hereby certifies that the attached warrant registers, direct disbursements and payroll registers have been found to conform to the approved budget and have been paid.
These demands are submitted to the City Council for review and approval.
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
Funds are available for the payment of the warrant registers,direct disbursements and payroll registers in accordance with the Fiscal Year 2024-25 operating budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
(:)g Qp City of Upland
°` d Accounts Payable Check Reconciliation Register ' :,is 02/01/2025-02/28/2025
Q.
ItIF04tit
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51676 02/05/2025 PRINTED 99181 ACCOUNTEMPS 2,329.09 51677 02/05/2025 PRINTED 1380 ADVANTEC CONSULTING ENGINEERS,INC 8,776.68 51678 02/05/2025 PRINTED 131971 ANNEALTA GROUP 21,000.00 51679 02/05/2025 PRINTED 1729 ANTHESIS SERVICES 1,511.06 51680 02/05/2025 PRINTED 6683 ATMAA INC 2,440.00 51681 02/05/2025 PRINTED 715 BACKFLOW PREVENTION DEVICE INSPECTIONS,INC 110.61 51682 02/05/2025 PRINTED 1374 BAY ALARM COMPANY 534.81 51683 02/05/2025 PRINTED 119661 BEST BEST&KRIEGER LLP 55,667.45 51684 02/05/2025 PRINTED 1519 BIG 0 FLOORING 21,881.78 51685 02/05/2025 PRINTED 1647 C.I.SERVICES,INC 2,239.00 51686 02/05/2025 PRINTED 1951 CANTEEN REFRESHMENTS 1,074.07 51687 02/05/2025 PRINTED 448 CINTAS CORPORATION 4,220.28 51688 02/05/2025 PRINTED 501 MARIO HERNANDEZ 675.00 51689 02/05/2025 PRINTED 1500 THE CUSTOM GRAPHICS 188.56 51690 02/05/2025 PRINTED 1962 ELIZABETH DALEY 5,632.00 51691 02/05/2025 PRINTED 2130 DEPT OF CONSERVATION 1,630.08 51692 02/05/2025 PRINTED 16701 ENVIROMINE INC 2,392.50 51693 02/05/2025 PRINTED 1541 FERGUSON WATERWORKS 46,836.23 51694 02/05/2025 PRINTED 2001 FINAL TOUCH CONSTRUCTION 18,873.00 51695 02/05/2025 PRINTED 3266 FOOTHILL FAMILY SHELTER 5,795.00 51696 02/05/2025 PRINTED 78 FRONTIER 125.45 51697 02/05/2025 PRINTED 78 FRONTIER 557.50 51698 02/05/2025 PRINTED 58311 G H ATECHNOLOGIES 644.96 51699 02/05/2025 PRINTED 1721 GARAGE AUTO PAINT&BODY 6,715.31 51700 02/05/2025 PRINTED 1603 GOLDEN STAR JANITORIAL INC 4,412.00 51701 02/05/2025 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS,INC 7,176.65 51702 02/05/2025 PRINTED 329 HOLLIDAY ROCK CO INC 1,501.23 51703 02/05/2025 PRINTED 16340 INFOSEND INC 7,177.44 51704 02/05/2025 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 167,521.58 51705 02/05/2025 PRINTED 4137 INLAND FAIR HOUSING MEDIATION BOARD 2,911.02 51706 02/05/2025 PRINTED 106951 INTEGRATED TECHNOLOGY 2,109.21 51707 02/05/2025 PRINTED 635 RENTOKIL NORTH AMERICA INC 1,844.28 51708 02/05/2025 PRINTED 1357 JACKS KEY SERVICE 155.00 51709 02/05/2025 PRINTED 1400 JASPER ENGINE EXCHANGE INC 7,343.19 51710 02/05/2025 PRINTED 1548 KEYSER MARSTON ASSOCIATES,INC 6,195.00 51711 02/05/2025 PRINTED 15595 L D M ASSOCIATES INC 10,500.00 51712 02/05/2025 PRINTED 1580 LETS-A LAW ENFORCEMENT TECHNOLOGIES CORP 4,995.00 51713 02/05/2025 PRINTED 102 LIGHTING INSTYLE 564.02 51714 02/05/2025 PRINTED 122601 LOWE'S 3,949.17 51715 02/05/2025 PRINTED 122231 LUSSIER,JAMES 250.00 51716 02/05/2025 PRINTED 117121 NUCKLES OIL COMPANY INC 5,403.61 51717 02/05/2025 PRINTED 6625 P F SERVICES INC 3,312.28 51718 02/05/2025 PRINTED 4509 PARKHOUSE TIRE INC 1,857.38 51719 02/05/2025 PRINTED 1625 PARTIES UNLIMITED 880.00 51720 02/05/2025 PRINTED 1590 PEREZ,JORGE 224.00 51721 02/05/2025 PRINTED 1421 PERFORMA LABS INC 15,325.00 51722 02/05/2025 PRINTED 1676 POWER TRIP RENTALS 1,918.00 51723 02/05/2025 PRINTED 1628 RS CONSTRUCTION&DEVELOPMENT,INC 20,616.00 51724 02/05/2025 PRINTED 3662 SAFETY-KLEEN SYSTEMS,INC 221.36 Prepared By: Erin Myers Page 1 of 8 PagE /3E2®15127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51725 02/05/2025 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 1,157.00 51726 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 51727 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 51728 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 51729 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 51730 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 51731 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 875.49 51732 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 740.80 51733 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 740.80 51734 02/05/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 740.80 51735 02/05/2025 PRINTED 2570 SIX BASINS WATERMASTER 27,630.00 51736 02/05/2025 PRINTED 43011 SMITH-EMERY LABORATORIES 2,350.52 51737 02/05/2025 PRINTED 18062 SOFFA ELECTRIC INC 780.00 51738 02/05/2025 PRINTED 99141 SONSRAY MACHINERY LLC 1,660.36 51739 02/05/2025 PRINTED 3835 SOUTH COAST A Q M D 1,674.82 51740 02/05/2025 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 1,549.70 51741 02/05/2025 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 797.05 51742 02/05/2025 PRINTED 1014 SUNSET ELECTRICAL CONTRACTORS 436.80 51743 02/05/2025 PRINTED 2002 SWARCO MCCAIN,INC 9,054.35 51744 02/05/2025 PRINTED 11583 THOMPSON PLUMBING SUPPLY 313.58 51745 02/05/2025 PRINTED 99981 THOMSON REUTERS-WEST PAYMENT CENTER 1,790.54 51746 02/05/2025 PRINTED 88301 TSR CONSTRUCTION 27,400.00 51747 02/05/2025 PRINTED 125411 TYLER TECHNOLOGIES INC 38,288.45 51748 02/05/2025 PRINTED 5522 UNITED RENTALS INC 670.22 51749 02/05/2025 PRINTED 1792 UNITED SITE SERVICES OF CALIFORNIA,INC 2,575.00 51750 02/05/2025 PRINTED 50251 WESTERN AUDIO VISUAL CORP 1,398.83 51751 02/05/2025 PRINTED 999999 CARLOS VILLEGAS 286.00 51752 02/05/2025 PRINTED 999999 KENNETH MC GRATH 413.48 51753 02/05/2025 PRINTED 999999 MGM ENERGY 111.20 51754 02/12/2025 PRINTED 1961 A PLUS VIEW LLC 225.00 51755 02/12/2025 PRINTED 99181 ACCOUNTEMPS 2,600.00 51756 02/12/2025 PRINTED 207 ADLERHORST INTERNATIONAL LLC 80.81 51757 02/12/2025 PRINTED 3 AIRGAS USA LLC 302.21 51758 02/12/2025 PRINTED 1396 ALVAREZ,MARIA ELENA 720.00 51759 02/12/2025 PRINTED 1522 JASON ATILANO 602.00 51760 02/12/2025 PRINTED 862 BADGER METER INC 15,732.74 51761 02/12/2025 PRINTED 3987 BALDY VIEW GYMNASTICS 1,353.80 51762 02/12/2025 PRINTED 1348 BAST,KAY 182.25 51763 02/12/2025 PRINTED 120021 BRIGHTVIEW 71,692.67 51764 02/12/2025 PRINTED 1503 BROWN AND CALDWELL 24,753.65 51765 02/12/2025 PRINTED 1959 CAROL ARIOTTI 5,212.38 51766 02/12/2025 PRINTED 84141 CARTY,DIANE 684.00 51767 02/12/2025 PRINTED 384 CELLEBRITE INC 21,949.11 51768 02/12/2025 PRINTED 1877 FRANCISCO MONRREAL 802.73 51769 02/12/2025 PRINTED 363 CHINO MOWER AND EQUIPMENT 172.50 51770 02/12/2025 PRINTED 1933 CMAX SANITARY SERVICES,INC 9,159.00 51771 02/12/2025 PRINTED 1799 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 390.39 51772 02/12/2025 PRINTED 1572 CONSTRUCTION MASTERS 138,378.21 51773 02/12/2025 PRINTED 1153 DENCO LIEN SALES,INC 665.00 51774 02/12/2025 PRINTED 124 DEPARTMENT OF JUSTICE 861.00 51775 02/12/2025 PRINTED 73401 ERNIE'S DISCOUNT ROOTER 299.00 51776 02/12/2025 PRINTED 1375 JESSICA ESCOTO 200.48 51777 02/12/2025 PRINTED 2435 EVERSOFT 489.50 Prepared By: Erin Myers Page 2 of 8 PagE /342®15127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51778 02/12/2025 PRINTED 1990 FASTLANE AUTO REPAIR INC 2,613.02 51779 02/12/2025 PRINTED 1531 FELICITY USA MANAGEMENT SERVICES LLC 216.00 51780 02/12/2025 PRINTED 2006 FERRO CONCEPTS USA INC 11,709.00 51781 02/12/2025 PRINTED 2014 LAVENA FLORES 230.00 51782 02/12/2025 PRINTED 1011 FOOTHILLS BANK 132,370.00 51783 02/12/2025 PRINTED 96251 FORD OF UPLAND 3,085.58 51784 02/12/2025 PRINTED 96251 FORD OF UPLAND 48,734.00 51785 02/12/2025 PRINTED 78 FRONTIER 1,907.68 51786 02/12/2025 PRINTED 78 FRONTIER 831.82 51787 02/12/2025 PRINTED 78 FRONTIER 1,238.80 51788 02/12/2025 PRINTED 1621 FULL TRAFFIC MAINTENANCE,INC 902.79 51789 02/12/2025 PRINTED 58311 G H ATECHNOLOGIES 193.24 51790 02/12/2025 PRINTED 932 GANAHL LUMBER CO. 7.37 51791 02/12/2025 PRINTED 1774 ANDRES GARCIA 249.74 51792 02/12/2025 PRINTED 1603 GOLDEN STAR JANITORIAL INC 2,712.00 51793 02/12/2025 PRINTED 129521 GRAFIX SYSTEMS 773.34 51794 02/12/2025 PRINTED 290 GRAINGER 567.10 51795 02/12/2025 PRINTED 34941 GUZMAN,STACEY 82.26 51796 02/12/2025 PRINTED 1212 HARDY&HARPER, INC 138,121.75 51797 02/12/2025 PRINTED 194 HARINGA COMPRESSOR INC 3,061.42 51798 02/12/2025 PRINTED 1345 JULIE HERNANDEZ 1,650.00 51799 02/12/2025 PRINTED 1787 VANESSA ANN HIDALGO 270.00 51800 02/12/2025 PRINTED 3231 HINDERLITER,DE LLAMAS&ASSOCIATES 500.00 51801 02/12/2025 PRINTED 329 HOLLIDAY ROCK CO INC 1,573.06 51802 02/12/2025 PRINTED 629 HONEYCOTT,INC 140.00 51803 02/12/2025 PRINTED 16340 INFOSEND INC 2,650.11 51804 02/12/2025 PRINTED 36271 INLAND EMPIRE PRINTING 420.23 51805 02/12/2025 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 39,579.66 51806 02/12/2025 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 51807 02/12/2025 PRINTED 1357 JACKS KEY SERVICE 224.66 51808 02/12/2025 PRINTED 1850 KENNEDY/JENKS CONSULTANTS,INC 72.50 51809 02/12/2025 PRINTED 3020 LAW ENFORCEMENT MEDICAL SVCS 2,530.00 51810 02/12/2025 PRINTED 53781 LEAD TECH ENVIRONMENTAL 695.00 51811 02/12/2025 PRINTED 16091 LEAGUE OF CALIF CITIES/INLAND EMPIRE DIVISION 23,943.00 51812 02/12/2025 PRINTED 2030 MASTERMINDS CREATIVE EVENTS INC 4,500.00 51813 02/12/2025 PRINTED 552 MEGA BANK 125,932.95 51814 02/12/2025 PRINTED 575 MICHELLE MADRIZ 139.99 51815 02/12/2025 PRINTED 1530 CHRISTINA LEACH 536.90 51816 02/12/2025 PRINTED 879 MOTOROLA SOLUTIONS,INC 27,444.45 51817 02/12/2025 PRINTED 238 MOUNTAIN VIEW CHEVROLET,INC 1,959.23 51818 02/12/2025 PRINTED 7816 MR T'S TOWING INC 1,950.00 51819 02/12/2025 PRINTED 1834 DEBORAH NAKATANI 567.00 51820 02/12/2025 PRINTED 1724 VETERINARY PET INSURANCE COMPANY 736.69 51821 02/12/2025 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 330.00 51822 02/12/2025 PRINTED 1581 OPERATIONS MANAGEMENT GROUP 30,000.00 51823 02/12/2025 PRINTED 2047 EDMUND ORTEGA 60.10 51824 02/12/2025 PRINTED 1975 SHERRI FERNANDEZ 621.00 51825 02/12/2025 PRINTED 33021 PELLITTERI,CHRISTOPHER 162.40 51826 02/12/2025 PRINTED 1841 PURSUIT 360 STRATEGIES LLC 6,000.00 51827 02/12/2025 PRINTED 117 RANGE ORDINANCE CLEANUP 5,000.00 51828 02/12/2025 PRINTED 1864 REAL GONE PEST CONTROL 890.00 51829 02/12/2025 PRINTED 612 RIDE ON POWERSPORTS,INC 2,924.09 51830 02/12/2025 PRINTED 67381 ROUTE 66 CAR WASH INC 1,408.00 Prepared By: Erin Myers Page 3 of 8 PagE /3E2®15127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51831 02/12/2025 PRINTED 90591 S&1 SUPPLY CO INC 18,282.14 51832 02/12/2025 PRINTED 606 SAN BERNARDINO COUNTY SHERIFF'S 934.84 51833 02/12/2025 PRINTED 11671 SAN BERNARDINO COUNTY 14,435.70 51834 02/12/2025 PRINTED 2024 SGC AUTO RECON LLC 1,350.00 51835 02/12/2025 PRINTED 131121 SHRED-IT USA JV LLC 677.20 51836 02/12/2025 PRINTED 407 SINGLETON,DENICE 432.00 51837 02/12/2025 PRINTED 637 SMART&FINAL IRIS CO 587.34 51838 02/12/2025 PRINTED 3835 SOUTH COAST A Q M D 707.00 51839 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 134.98 51840 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 149.98 51841 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 669.00 51842 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 219.11 51843 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 144.98 51844 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 670.70 51845 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 142.67 51846 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 1,065.41 51847 02/12/2025 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS,LLC 50.00 51848 02/12/2025 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 1,656.60 51849 02/12/2025 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 774.44 51850 02/12/2025 PRINTED 1299 MARUTI HOSPITALITY LLC 1,320.00 51851 02/12/2025 PRINTED 11583 THOMPSON PLUMBING SUPPLY 467.31 51852 02/12/2025 PRINTED 626 TMP ENTERPRISES,LLC 200.00 51853 02/12/2025 PRINTED 16541 ANDREW TODD 133.00 51854 02/12/2025 PRINTED 62321 U.S.TELEPACIFIC CORP 1,457.75 51855 02/12/2025 PRINTED 1656 TRANSMAP CORPORATION 7,972.00 51856 02/12/2025 PRINTED 1775 TRIPEPI,SMITH&ASSOCIATES,INC 978.75 51857 02/12/2025 PRINTED 125411 TYLER TECHNOLOGIES INC 650.81 51858 02/12/2025 PRINTED 990 VEOLIA NORTH AMERICA,INC 134.04 51859 02/12/2025 PRINTED 14735 VERIZON WIRELESS 203.17 51860 02/12/2025 PRINTED 14735 VERIZON WIRELESS 280.07 51861 02/12/2025 PRINTED 14735 VERIZON WIRELESS 327.88 51862 02/12/2025 PRINTED 14735 VERIZON WIRELESS 40.01 51863 02/12/2025 PRINTED 14735 VERIZON WIRELESS 463.06 51864 02/12/2025 PRINTED 14735 VERIZON WIRELESS 215.24 51865 02/12/2025 PRINTED 14735 VERIZON WIRELESS 80.02 51866 02/12/2025 PRINTED 14735 VERIZON WIRELESS 613.64 51867 02/12/2025 PRINTED 14735 VERIZON WIRELESS 120.03 51868 02/12/2025 PRINTED 14735 VERIZON WIRELESS 2,448.41 51869 02/12/2025 PRINTED 14735 VERIZON WIRELESS 7,312.28 51870 02/12/2025 PRINTED 14735 VERIZON WIRELESS 1,000.57 51871 02/12/2025 PRINTED 14735 VERIZON WIRELESS 931.15 51872 02/12/2025 PRINTED 98971 WARNER,MARC 448.00 51873 02/12/2025 PRINTED 766 WEST END CONSOLIDATED WATER CO 20,742.51 51874 02/12/2025 PRINTED 14050 WILLDAN FINANCIAL SERVICES 13,350.00 51875 02/12/2025 PRINTED 5193 ZAILO,ROBERT 281.70 51876 02/12/2025 PRINTED 999999 WALMART STORES INC 138.75 51877 02/19/2025 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 12,637.64 51878 02/19/2025 PRINTED 699 APPLIED CONCEPTS 5,325.01 51879 02/19/2025 PRINTED 289 ARROW TRAILER SUPPLIES INC 105.86 51880 02/19/2025 PRINTED 55 BABCOCK&SONS,INC 1,834.60 51881 02/19/2025 PRINTED 120021 BRIGHTVIEW 445.00 51882 02/19/2025 PRINTED 2048 CENTER FOR EMPLOYMENT OPPORTUNITES INC 3,000.00 51883 02/19/2025 PRINTED 1479 MAP COMMUNICATIONS INC 1,008.27 Prepared By: Erin Myers Page 4 of 8 PagE /3E2615127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51884 02/19/2025 PRINTED 663 CHEMSCAN,INC. 1,379.20 51885 02/19/2025 PRINTED 448 CINTAS CORPORATION 5,121.23 51886 02/19/2025 PRINTED 15814 CRIME SCENE STERI-CLEAN,LLC 850.00 51887 02/19/2025 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 100.58 51888 02/19/2025 PRINTED 1962 ELIZABETH DALEY 14,784.00 51889 02/19/2025 PRINTED 1153 DENCO LIEN SALES,INC 80.00 51890 02/19/2025 PRINTED 73401 ERNIE'S DISCOUNT ROOTER 110.00 51891 02/19/2025 PRINTED 2435 EVERSOFT 610.67 51892 02/19/2025 PRINTED 4456 FEDERAL EXPRESS 419.89 51893 02/19/2025 PRINTED 1541 FERGUSON WATERWORKS 10,150.05 51894 02/19/2025 PRINTED 58311 G H ATECHNOLOGIES 246.92 51895 02/19/2025 PRINTED 5206 H D L COREN&CONE 4,840.36 51896 02/19/2025 PRINTED 72691 HAAKER EQUIPMENT CO 619.13 51897 02/19/2025 PRINTED 15090 HOLLIDAY TRUCKING INC 5,363.49 51898 02/19/2025 PRINTED 16340 INFOSEND INC 6,540.72 51899 02/19/2025 PRINTED 36271 INLAND EMPIRE PRINTING 175.09 51900 02/19/2025 PRINTED 14657 INLAND VALLEY RECOVERY SVCS 8,232.50 51901 02/19/2025 PRINTED 17528 INNOVATIVE PRINTING CONCEPTS 915.85 51902 02/19/2025 PRINTED 79821 K S M ELECTRIC 15,919.98 51903 02/19/2025 PRINTED 80561 KEENAN&ASSOCIATES 6,135.96 51904 02/19/2025 PRINTED 1732 GREGORY KILEY 3,900.00 51905 02/19/2025 PRINTED 1969 KIMLEY-HORN AND ASSOCIATES,INC 32,656.46 51906 02/19/2025 PRINTED 15595 L D M ASSOCIATES INC 9,240.00 51907 02/19/2025 PRINTED 1488 LUPERCIO,EDGAR 197.95 51908 02/19/2025 PRINTED 21341 MATT CHLOR INC 6,015.84 51909 02/19/2025 PRINTED 1096 MCFADDEN-DALE INDUSTRIAL HARDWARE,LLC 630.28 51910 02/19/2025 PRINTED 7816 MR T'S TOWING INC 4,200.00 51911 02/19/2025 PRINTED 83491 NOBEL SYSTEMS 3,840.00 51912 02/19/2025 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 165.00 51913 02/19/2025 PRINTED 992 PRISTINE UNIFORMS,LLC 1,000.88 51914 02/19/2025 PRINTED 1563 PROFESSIONAL POLYGRAPH SERVICES 750.00 51915 02/19/2025 PRINTED 62081 QUADIENT LEASING USA,INC 2,150.13 51916 02/19/2025 PRINTED 17258 ICC GENERAL CODE,INC 3,150.00 51917 02/19/2025 PRINTED 1864 REAL GONE PEST CONTROL 2,080.00 51918 02/19/2025 PRINTED 1528 RISE INTERPRETING,INC 1,140.00 51919 02/19/2025 PRINTED 20171 SAN BERNARDINO COUNTY SHERIFF 2,277.00 51920 02/19/2025 PRINTED 131121 SHRED-IT USA JV LLC 92.74 51921 02/19/2025 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 3,510.10 51922 02/19/2025 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,359.91 51923 02/19/2025 PRINTED 1299 MARUTI HOSPITALITY LLC 4,400.00 51924 02/19/2025 PRINTED 2439 T K E ENGINEERING INC 61,760.00 51925 02/19/2025 PRINTED 11583 THOMPSON PLUMBING SUPPLY 129.83 51926 02/19/2025 PRINTED 99981 THOMSON REUTERS-WEST PAYMENT CENTER 1,790.54 51927 02/19/2025 PRINTED 946 TIP TOP 3M HOME RENEW CO. 3,000.00 51928 02/19/2025 PRINTED 1148 TOTAL ENVIRONMENTAL MANAGEMENT,INC 14,200.00 51929 02/19/2025 PRINTED 1296 TRANSTECH ENGINEERS,INC 679.00 51930 02/19/2025 PRINTED 3557 UNDERGROUND SERVICE ALERT 659.64 51931 02/19/2025 PRINTED 1792 UNITED SITE SERVICES OF CALIFORNIA,INC 916.16 51932 02/19/2025 PRINTED 14735 VERIZON WIRELESS 7,562.18 51933 02/19/2025 PRINTED 1697 WATERWORKFORCE,INC 10,597.50 51934 02/19/2025 PRINTED 1725 WEST COAST ARBORISTS INC 6,000.00 51935 02/26/2025 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 597.47 51936 02/26/2025 PRINTED 207 ADLERHORST INTERNATIONAL LLC 80.81 Prepared By: Erin Myers Page 5 of 8 PagE /372®15127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51937 02/26/2025 PRINTED 12564 ALL CITY MANAGEMENT SERVICES INC 8,671.20 51938 02/26/2025 PRINTED 1729 ANTHESIS SERVICES 184.02 51939 02/26/2025 PRINTED 1729 ANTHESIS SERVICES 7,500.00 51940 02/26/2025 PRINTED 1328 ARCOR ROOTER CORP 2,840.00 51941 02/26/2025 PRINTED 6683 ATMAA INC 1,400.00 51942 02/26/2025 PRINTED 55 BABCOCK&SONS,INC 23.41 51943 02/26/2025 PRINTED 715 BACKFLOW PREVENTION DEVICE INSPECTIONS,INC 582.99 51944 02/26/2025 PRINTED 120021 BRIGHTVIEW 4,224.00 51945 02/26/2025 PRINTED 819 BRINKS,INC 1,128.25 51946 02/26/2025 PRINTED 5944 BURRTEC WASTE INDUSTRIES 1,391,321.06 51947 02/26/2025 PRINTED 11923 C L S LANDSCAPE MANAGEMENT 19,415.00 51948 02/26/2025 PRINTED 1951 CANTEEN REFRESHMENTS 314.12 51949 02/26/2025 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO&RIVERSIDE 12,000.00 51950 02/26/2025 PRINTED 448 CINTAS CORPORATION 4,573.84 51951 02/26/2025 PRINTED 448 CINTAS CORPORATION#150 2,843.72 51952 02/26/2025 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 761.08 51953 02/26/2025 PRINTED 521 COUPLAND,DONNA 425.40 51954 02/26/2025 PRINTED 366 CRAFCO INC 420.87 51955 02/26/2025 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 96.26 51956 02/26/2025 PRINTED 1153 DENCO LIEN SALES,INC 19.50 51957 02/26/2025 PRINTED 2025 ECOGREEN VISION LLC 54,292.50 51958 02/26/2025 PRINTED 1579 ELITE BOILERS 1,202.50 51959 02/26/2025 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 13,625.00 51960 02/26/2025 PRINTED 10485 EXPERIAN 152.96 51961 02/26/2025 PRINTED 290 GRAINGER 473.76 51962 02/26/2025 PRINTED 72691 HAAKER EQUIPMENT CO 304.52 51963 02/26/2025 PRINTED 1212 HARDY&HARPER, INC 7,930.25 51964 02/26/2025 PRINTED 1345 JULIE HERNANDEZ 4,565.00 51965 02/26/2025 PRINTED 1787 VANESSA ANN HIDALGO 135.00 51966 02/26/2025 PRINTED 629 HONEYCOTT,INC 345.00 51967 02/26/2025 PRINTED 1333 HR GREEN PACIFIC 3,815.50 51968 02/26/2025 PRINTED 3430 INLAND EMPIRE STAGES,LTD 2,320.13 51969 02/26/2025 PRINTED 284 J G BAUTISTA CONSULTING 16,050.00 51970 02/26/2025 PRINTED 2022 TROY NEALLY 1,750.00 51971 02/26/2025 PRINTED 80561 KEENAN&ASSOCIATES 30,793.00 51972 02/26/2025 PRINTED 583 KING FENCING INC 3,150.00 51973 02/26/2025 PRINTED 1802 KTUA 8,289.70 51974 02/26/2025 PRINTED 903 MCC CARPET CLEANING INC 910.00 51975 02/26/2025 PRINTED 1376 MEADE,MEGHAN 129.30 51976 02/26/2025 PRINTED 203 MV CHENG&ASSOCIATE 9,731.25 51977 02/26/2025 PRINTED 117121 NUCKLES OIL COMPANY INC 60,318.17 51978 02/26/2025 PRINTED 1563 PROFESSIONAL POLYGRAPH SERVICES 500.00 51979 02/26/2025 PRINTED 909 PSYCHOLOGICAL CONSULTING ASSOCIATES INC 520.00 51980 02/26/2025 PRINTED 1731 R E S ENVIRONMENTAL INC 2,060.00 51981 02/26/2025 PRINTED 1864 REAL GONE PEST CONTROL 280.00 51982 02/26/2025 PRINTED 67381 ROUTE 66 CAR WASH INC 879.00 51983 02/26/2025 PRINTED 601 SAN ANTONIO WATER CO 266,592.01 51984 02/26/2025 PRINTED 507 SERVIAM BY WRIGHT LLP 7,403.80 51985 02/26/2025 PRINTED 1608 STAFFING NETWORK HOLDINGS,LLC 3,829.20 51986 02/26/2025 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 364.16 51987 02/26/2025 PRINTED 417 E&S TOWING ENTERPRISES,INC 1,950.00 51988 02/26/2025 PRINTED 11583 THOMPSON PLUMBING SUPPLY 16.81 51989 02/26/2025 PRINTED 311 U S ARMOR CORPORATION 3,749.56 Prepared By: Erin Myers Page 6 of 8 PagE /3E2615127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 51990 02/26/2025 PRINTED 1865 WATRY DESIGN,INC. 1,482.00 51991 02/26/2025 PRINTED 1725 WEST COAST ARBORISTS INC 21,150.00 51992 02/26/2025 PRINTED 1261 WEX HEALTH INC 198.00 51993 02/26/2025 PRINTED 51 STEVEN WYNO 405.00 51994 02/26/2025 PRINTED 999999 LONGINA SANTY 600.00 51995 02/26/2025 PRINTED 999999 SALLY CARRILLO 10.00 51996 02/26/2025 PRINTED 999999 SCOTT KIMENER 364.00 51997 02/26/2025 PRINTED 999999 THELMA ABRIOL 100.00 51998 02/26/2025 PRINTED 15750 AFLAC PREMIUM HOLDING 730.20 51999 02/26/2025 PRINTED 964 MARLOW,BRIAN 4,995.00 52000 02/26/2025 PRINTED 39171 ALL AMERICAN ASPHALT 506,248.70 52001 02/26/2025 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 52002 02/26/2025 PRINTED 1107 FLOCK GROUP INC 30,000.00 52003 02/26/2025 PRINTED 78 FRONTIER 43.19 52004 02/26/2025 PRINTED 78 FRONTIER 164.92 52005 02/26/2025 PRINTED 78 FRONTIER 79.44 52006 02/26/2025 PRINTED 1721 GARAGE AUTO PAINT&BODY 4,004.86 52007 02/26/2025 PRINTED 1938 GUARANTEED JANITORIAL SERVICE,INC. 7,779.36 52008 02/26/2025 PRINTED 56561 HLP INC 13,980.00 52009 02/26/2025 PRINTED 2023 LUMEN TECHNOLOGIES COMPANY 1,455.86 52010 02/26/2025 PRINTED 117121 NUCKLES OIL COMPANY INC 2,435.20 52011 02/26/2025 PRINTED 1625 PARTIES UNLIMITED 1,408.00 52012 02/26/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 4,450.55 52013 02/26/2025 PRINTED 1970 SHARP BUSINESS SYSTEMS 740.80 52014 02/26/2025 PRINTED 3835 SOUTH COAST A Q M D 617.00 52015 02/26/2025 PRINTED 62321 U.S.TELEPACIFIC CORP 2,606.17 52016 02/26/2025 PRINTED 62321 U.S.TELEPACIFIC CORP 1,457.42 52017 02/26/2025 PRINTED 125411 TYLER TECHNOLOGIES INC 285,418.12 PRINTED CHECKS(342 COUNT) $ 4,832,842.66
20425000 02/04/2025 MANUAL 32091 SOUTHERN CALIF EDISON CO 13,411.39 20425001 02/04/2025 MANUAL 543 SOUTHERN CALIF GAS COMPANY 5,937.78 20525000 02/05/2025 MANUAL 43651 U S BANK NATIONAL ASSN 49,307.07 20625000 02/06/2025 MANUAL 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 11,187.00 20625001 02/06/2025 MANUAL 83401 CARL WARREN&CO 46,651.54 20625002 02/06/2025 MANUAL 2019 STONE CREEK ESCROW,INC 25,400.00 20625003 02/06/2025 MANUAL 2019 STONE CREEK ESCROW,INC 25,400.00 20625004 02/06/2025 MANUAL 2019 STONE CREEK ESCROW,INC 25,400.00 20625005 02/06/2025 MANUAL 2019 STONE CREEK ESCROW,INC 25,400.00 20725000 02/07/2025 MANUAL 1499 EMPOWER TRUST COMPANY,LLC 78,703.08 20725001 02/07/2025 MANUAL 1589 LIVELY INC 3,244.29 20725002 02/07/2025 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 1,766.91 20725003 02/07/2025 MANUAL 621 KAREN LONG 187.50 20725004 02/07/2025 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 1,072.00 20725005 02/07/2025 MANUAL 624 DEPT OF THE TREASURY 100.00 20725006 02/07/2025 MANUAL 2041 AFSCME DC 36 935.00 20725007 02/07/2025 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,217.00 20725008 02/07/2025 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 384.00 20725009 02/07/2025 MANUAL 1597 TRUSTMARK VOLUNTARY BENEFIT ADMINISTRATOR 2,177.91 20725010 02/07/2025 MANUAL 1594 COBRA PROFESSIONALS,INC 2,250.68 20725011 02/07/2025 MANUAL 618 ICMA-RC 1,625.00 20725012 02/07/2025 MANUAL 1869 CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY(CIRA) 10,045.68 21125000 02/11/2025 MANUAL 65181 CALPERS 230,752.43 Prepared By: Erin Myers Page 7 of 8 PagE /3E2®15127
CHECK# CHECK DATE CHECK TYPE VENDOR# VENDOR NAME CHECK AMOUNT 21225000 02/12/2025 MANUAL 1845 LWP CLAIMS SOLUTIONS INC 61,181.98 21325000 02/13/2025 MANUAL 2019 STONE CREEK ESCROW,INC 50,400.00 21425000 02/14/2025 MANUAL 32091 SOUTHERN CALIF EDISON CO 256,995.51 21425001 02/14/2025 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 34,227.11 22025000 02/20/2025 MANUAL 65181 CALPERS 234,367.87 22125000 02/21/2025 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 651,990.39 22125001 02/21/2025 MANUAL 1499 EMPOWER TRUST COMPANY,LLC 78,118.95 22125002 02/21/2025 MANUAL 441 MIDAMERICA ADMIN&RETIREMENT SOLUTIONS,LLC 2,024.85 22125003 02/21/2025 MANUAL 621 KAREN LONG 187.50 22125004 02/21/2025 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 1,072.00 22125005 02/21/2025 MANUAL 624 DEPT OF THE TREASURY 100.00 22125006 02/21/2025 MANUAL 2041 AFSCME DC 36 935.00 22125007 02/21/2025 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,217.00 22125008 02/21/2025 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 384.00 22125009 02/21/2025 MANUAL 1594 COBRA PROFESSIONALS,INC 2,123.60 22125010 02/21/2025 MANUAL 618 ICMA-RC 1,625.00 22425000 02/24/2025 MANUAL 1589 LIVELY INC 3,378.00 22525000 02/25/2025 MANUAL 65181 CALPERS 233,457.46 22625000 02/26/2025 MANUAL 2019 STONE CREEK ESCROW,INC 50,400.00 22625001 02/26/2025 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 112,130.82 22625002 02/26/2025 MANUAL 960 MUNICIPAL DENTAL POOL 28,164.67 22625003 02/26/2025 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 1,636.44 22725000 02/27/2025 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 169,718.18 22725001 02/27/2025 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 24,821.31 22725002 02/27/2025 MANUAL 529 KAISER FOUNDATION HEALTH PLAN 22,656.79 22725003 02/27/2025 MANUAL 11484 U S BANK 163,386.64 22725004 02/27/2025 MANUAL 11484 U S BANK 212,401.01 22725005 02/27/2025 MANUAL 11484 U S BANK 21,295.99 22725006 02/27/2025 MANUAL 11484 U S BANK 153,061.66 22725007 02/27/2025 MANUAL 11484 U S BANK 155,697.27 22725008 02/27/2025 MANUAL 11484 U S BANK 142,544.82 22725009 02/27/2025 MANUAL 11484 U S BANK 173,744.29 22725010 02/27/2025 MANUAL 11484 U S BANK 81,888.61 22725011 02/27/2025 MANUAL 11484 U S BANK 163,466.95 22725012 02/27/2025 MANUAL 126761 THE LINCOLN NATIONAL LIFE INS 8,377.10 22725013 02/27/2025 MANUAL 1337 STANDARD INSURANCE COMPANY 3,131.92 22725014 02/27/2025 MANUAL 91491 LIBRARY SYSTEMS&SERVICES LLC 121,301.00 22725015 02/27/2025 MANUAL 760 WATER FACILITIES AUTHORITY 335,403.77 MANUAL CHECKS(61 COUNT) $ 4,329,571.72
49688 08/24/2024 PRINTED 1721 GARAGE AUTO PAINT&BODY (4,004.86) 50871 11/27/2024 PRINTED 1625 PARTIES UNLIMITED (1,408.00) 51239 12/24/2024 PRINTED 56561 HLP INC (13,980.00) VOID CHECKS(3 COUNT) $ (19,392.86)
PRINTED CHECKS(342 COUNT) $ 4,832,842.66
MANUAL CHECKS(61 COUNT) $ 4,329,571.72
VOID CHECKS(3 COUNT) $ (19,392.86)
PRINTED&MANUAL CHECK TOTALS $ 9,143,021.52
Prepared By: Erin Myers Page 8 of 8 PagE /4 P 5127
O ' Ups
C.) •r -4"+d CITY OF UPLAND
•
1 Payroll Costs
1.40101018.
Payroll
1/19/2025 Through 2/1/2025 Check Date: 2/6/2025
Checks $1,130.52
Manual Checks $0.00
Void Checks
Direct Deposit $781,904.14
Manual Direct Deposit
Void Direct Deposit
$783,034.66 I
Taxes
1/19/2025 Through 2/1/2025 Check Date: 2/6/2025
Federal 153,018.55
State 48,832.04
201,850.59 1
Prepared by: Yesica Montoya
$984,885.25
M:IPAYROLL\Forms\Payroll Costs & Register Cover Page 1
°F Up.4
C.) •� - �,' d CITY OF UPLAND
Payroll Costs
.
1 ,,*:•
FOR
Payroll
2/02/2025 Through 2/15/2025 Check Date: 2/20/2025
Checks $1,497.53
Manual Checks $0.00
Void Checks
Direct Deposit $783,953.87
Manual Direct Deposit
Void Direct Deposit
$785,451.40
Taxes
2/02/2025 Through 2/15/2025 Check Date: 2/20/2025
Federal 155,083.61
State 49,405.65
204,489.26 I
Prepared by: Yesica Montoya
$989,940.66
M:IPAYROLL\Forms\Payroll Costs & Register Cover Page 1
�� �pl"� CITY
UPLAND
"The City of Gracious Living"
tIFOBS
1. Staff(kr°ill
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER
JESSICA ESCOTO,RECREATION&COMMUNITY SERVICES MANAGER
SUBJECT: CONSIDER APPROVAL OF AGREEMENTS WITH THE UPLAND UNIFIED SCHOOL
DISTRICT FOR USE OF ATHLETIC FACILITIES AT GREENBELT AND MEMORIAL PARKS
RECOMMENDED ACTION:
It is recommended that the City Council approve agreements with the Upland Unified School District for use of athletic facilities at Greenbelt Park and Memorial Park;and authorize the City Manager to execute the agreements.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining positive relationships with community partners and establishing appropriate parameters for safe use of City facilities.
BACKGROUND
In 1990,the City of Upland entered into a joint-use agreement with the Upland Unified School District(UUSD)with language pertinent to facilities,fees,maintenance,insurance,etc.In 2018,an updated joint-use agreement was drafted, however the agreement was never fully executed by either party.
ISSUES AND ANALYSIS
After significant discussion regarding Upland High School's baseball and softball programs continuing to utilize City park space, staff recommend separate agreements as an alternative to a comprehensive joint-use agreement. The immediate need for such agreements pertains to the use of fields at Greenbelt and Memorial Parks. The drafted agreements contain language for the use of fields, fees, supervision, maintenance and beautification, and introduces the Operations Committee to ensure continuous communication amongst the parties.
Staff anticipate bringing additional use agreements where the City is utilizing UUSD's facilities, including one for Pioneer Junior High,to come forward for City Council approval before the summer.
ENVIRONMENTAL DETERMINATION
The proposed action is entering into agreements with the Upland Unified School District for the use of athletic facilities at Greenbelt and Memorial Parks, and 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 as the City will not charge the District for use of the athletic facilities.
ALTERNATIVES
Provide alternative direction to staff
CEQA:Not a Project.
FACILITIES USE AGREEMENT
(Greenbelt Park)
by and between
THE UPLAND UNIFIED SCHOOL DISTRICT
and
THE CITY OF UPLAND
March 1, 2025
FACILITIES USE AGREEMENT
Upland Unified School District/City of Upland
(Greenbelt Park)
THIS FACILITIES USE AGREEMENT ("Agreement") is dated March 1, 2025 by and between the UPLAND UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"), and the CITY OF UPLAND ("City").
District and City may be referred to in this Agreement individually as a "Party" or collectively as the "Parties."
RECITALS
A. Sections 10900 et. seq. of the Education Code ("Community Recreation Act") authorize and encourage cities and school districts to maintain and operate joint use playgrounds and outdoor playing fields in order to reduce capital and operational costs to both governmental jurisdictions and provide recreational areas for the community as a whole.
B. In accordance with District Board policies, City policies, and the Community Recreation Act, City and District intend to permit the shared use of property to promote youth sports and other recreational activities.
C. City is the owner of parks and recreation facilities throughout the City of Upland ("City Facilities"), one of which is commonly known as Greenbelt Park, located at 15th Street between Mountain and Benson Avenues in Upland, California legally described on Exhibit A, attached hereto and made a part hereof by this reference ("Greenbelt Park"). This Agreement deals primarily with Greenbelt Park.
D. District is the owner of certain multipurpose facilities within the District's boundaries ("District Facilities") which may be used from time to time by the City, to be set forth in separate agreements and the District's facilities use protocol.
E. District and City are committed to ensuring that seventy-five percent (75%) of the users of the City Facilities and/or District Facilities are District students and/or City residents.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Term of Agreement and Extensions. The initial term of this Agreement shall be twenty (20) years, beginning on March 1, 2025 ("Commencement Date") and expiring on March 1, 2045 ("Expiration Date"), unless extended or earlier terminated as provided for in this Agreement.
1.1 Extensions. This Agreement will be extended for fourteen (14) five (5)-year extension terms, which, including the initial term, comprises a total of ninety (90) years. Each extension will automatically be implemented unless either Party gives notice to terminate at least one (1) year prior to the expiration of the initial term or any extension. 1
1.2 Termination. If either Party gives a one (1) year notice to terminate as described in Section 1.1, the Parties shall meet at least ninety (90) days prior to the termination date to coordinate any necessary clean-up details.
2. Use of Greenbelt Park.
2.1 Operation of Upland Highlanders/Scots Softball Program. The City hereby grants the use of specific playing field areas, dugouts, bleachers, scoreboard, batting cages, storage spaces, concessions facilities, announcer's booth, and team meeting room at Greenbelt Park as described in Exhibit B, attached hereto and made a part hereof by this reference (the "Premises") to the District's softball program (Upland Softball), subject to the terms of this Agreement.
2.1.1 Reservation of Use by City. City reserves the right to use, or allow the use of, the Premises for activities at such time and dates that will not conflict with already established programs. Such use shall be set forth in separate agreements.
2.2 Fees. The City will not charge the District fees for softball and associated activities on the Premises.
2.3 Supervision. At all times during its scheduled use, the District shall provide adequate and appropriate supervision for all participants in the Upland Softball program or related activities on the Premises, including the time immediately preceding and following regularly scheduled activities. The Operations Committee will revisit the adequacy of the supervision on an annual basis.
2.4 Compliance with Law. The District agrees to operate and maintain the Premises in accordance with the provisions of this Agreement. Both Parties agree to comply with all valid laws, ordinances, and regulations of federal, state, county or local governmental agencies having jurisdiction over the Premises, including but not limited to the City's obligations as property owner, under the Americans with Disabilities Act of 1990 and the regulations promulgated thereunder, as amended from time to time ("ADA").
3. Maintenance, Repair and Cleaning.
3.1 Routine Maintenance. Each Party shall be responsible for the routine maintenance of its Facilities at the Party's sole expense.
3.2 Beautification. Upland Softball is permitted to make beautification changes at the Premises in Greenbelt Park at District's expense. The District shall report the work to be done through submission of an External Maintenance/Repair Proposal form (Exhibit C) to the City.
3.3 Maintenance and Repairs. Upland Softball is permitted to make necessary maintenance and repairs at the Premises at District's expense. The District shall report the work to be done through submission of an External Maintenance/Repair Proposal form (Exhibit C)to the City.
2
3.4 Damage. Each Party shall repair, cause to be repaired, or reimburse the other Party for the cost of repairing damage to the other Party's Facilities which occurs during their use of the Facility, except where such damage is attributable to ordinary wear and tear. For clarification, the City shall also be responsible for the repair and cost of damage to the Premises which occurs during use of the Premises by an entity using the Premises under a lease or contract with the City other than this Agreement.
3.5 Utilities and Water. Each Party shall pay the utility and water costs for its own Facility.
3.6 Cleaning. Each Party shall be responsible for the routine clean-up of the other Party's Facility during the time of that Party's use. Such routine clean-up includes maintaining the areas in good order and free of litter.
4. Operations Committee and Scheduling.
4.1 Operations Committee. City and District shall each name one (1) representative to act as direct communications liaison for their entities ("Representative"). The Representative or their designee shall meet seasonally (prior to Fall and Spring activity) as an operations committee ("Operations Committee") to review the year's schedule of use and to discuss maintenance issues.
4.2 Authority. Except where such actions would contradict a term of this Agreement, the Operations Committee shall have the authority to make decisions regarding the day-to-day operations of the Premises at Greenbelt Park and District Facilities being used by the City.
4.3 Scheduling. The Upland Softball Program shall provide to the City detailed schedules for Fall and Spring programming including, but not limited to, dates and times for games, practices, scrimmages, and tournaments. Schedules shall be submitted in accordance with the City of Upland's Administrative Policy for Athletic Facilities and the District's Policy for Athletic Facilities.
5. Basic Provisions. For the convenience of the Parties, certain basic provisions of this Agreement are set forth herein, which provisions are subject to the remaining terms and conditions of this Agreement and are to be interpreted in light of such remaining terms and conditions.
5.1 Notices. Any notices required or permitted under this Agreement shall be given in writing, delivered to the Party at the address set forth below and shall be deemed effectively delivered upon (i)personal service or electronic delivery, (ii) one (1) day after deposit for overnight delivery with Federal Express or a comparable national express courier, or(iii) two (2) days after deposit in the United States mail, by first-class mail, postage prepaid. A Party may designate another address for notice purposes upon written notice to the other Party.
5.2 Address for Notices:
DISTRICT
3
Upland Unified School District
390 North Upland Avenue
Upland, CA 91786
Attn: Superintendent
2024-2025
Attn: Lynn J. Carmen Day, Ed.D., Superintendent
Email: [email protected]
Phone: (909) 985-1864, Ext. 21107
With a copy to:
Fagen Friedman&Fulfrost, LLP
6300 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90048
Attn: Jessica Ehrlich
Email: [email protected]
Phone: (323) 330-6821
CITY
City of Upland
460 N. Euclid Ave
Upland, CA 91786
Attn: City Manager
Email: [email protected]
Phone: 909-931-4106
5.3 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference:
Exhibit A—Legal Description of Greenbelt Park
Exhibit B —Premises (Depiction of Fields)
Exhibit C—External Maintenance/Repair Proposal form (City)
6. Insurance. The District shall maintain the following programs of insurance coverage at their sole cost and expense:
6.1 A policy of comprehensive general liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury, death and property damage covering any accident or incident arising in connection with the performance of this Agreement.
6.2 City shall each be named as an additional insured under the District's insurance policy. Such insurance shall be primary and noncontributing and shall not be 4
cancelable or subject to reduction of coverage or other modification without thirty (30) days prior written notice to City.
6.3 The District shall maintain or cause to be maintained such Workers' Compensation and Employers' Liability insurance as required by the State of California to the extent that District has employees working on or in connection with the performances authorized by this Agreement.
6.4 To the extent District hires contractors to perform services at any Facility, that District shall require such contractor(s) to carry the coverage required by this Section 6, to name the other Party as an additional insured, and to provide certificates and endorsements to each Party evidencing such coverage.
6.5 The insurance coverage requirements in this Section 6 shall be subject to review and adjustment to reflect coverages recommended by the District's insurance advisors over the term of this Agreement. Any such adjustment shall be set forth in a written amendment to the Agreement signed by both Parties.
6.6 The District shall deliver to the City within thirty (30) days of the execution of this Agreement, or any renewal, a written certificate of insurance and additional insured endorsements:
(a) Stating that the policies in effect and required by this Agreement satisfy the requirements of this Agreement;
(b) Setting forth the insurance policies then in force; and, (c) Setting forth the names of the insurers that issued the policies, the amounts and the risks covered, and with a minimum AM Best rating of A-:VII. (d) The District may comply with the above insurance requirements through programs of self- insurance reasonably acceptable to the City.
7. Indemnity. The District shall indemnify, defend and hold harmless the other Party, its officials, officers, employees, volunteers, contractors and agents from any and all claims, demands, causes of action, losses, damages, costs and expenses of any kind arising from its acts or omissions under this Agreement, including but not limited to any damage caused by the District or its agents while using the other City's Facilities.
8. Defaults. In the event of a breach by City or District of one of the material covenants, conditions, or obligations in this Agreement, the Party alleging the default shall give the other Party written notice of the breach and time to cure. Failure to cure a breach, where such failure continues after written notice and a thirty (30) day opportunity to cure shall constitute a default ("Default"); provided, however, that if the nature of the breach is such that more than thirty (30) days are reasonably required to cure the breach, then Party shall not be deemed to be in default if it commences the cure within the thirty(30) day period and thereafter diligently and in good faith continues to cure the breach. 5
9. Remedies.
9.1 Termination. In the event of a Default by either Party, and without limiting the Parties in the exercise of any right or remedy which they may have, the Party alleging default shall be entitled to terminate the defaulting Party's use and possession of the Facilities by delivering written notice of such termination to the defaulting Party. Within sixty (60) days of receipt of the notice of termination, the defaulting Party shall surrender possession of the Facilities. The defaulting Party may remove such personal property from the Facilities as can be removed without damage to the Facilities and shall surrender possession of the Facilities in a clean and orderly condition.
9.2 Other Remedies. Both parties may seek any additional remedy available at law or in equity in addition to termination of this Agreement, including but not limited to injunctive relief and damages.
10. Attorney's Fees. If either Party brings an action to enforce the terms of this Agreement, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorney's fees to be paid by the losing party as fixed by the court.
11. General Provisions.
11.1 Applicable Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California.
11.2 Authority to Execute Agreement. Each individual executing this Agreement on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of that entity.
11.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original.
11.4 Nondiscrimination. The District, City and all others who from time to time may use the Premises and Facilities described in this Agreement with the permission and on the terms and conditions specified by the City and District shall not discriminate in any manner against any person or persons on account of race, color, sex, creed, or national origin, including but not limited to the provision of goods, services, facilities, privileges, advantages, and the holding and obtaining of employment.
11.5 Construction. As used in this Agreement, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so indicates. This Agreement shall be construed in accordance with its fair meaning.
Review. The Parties acknowledge and agree that each Party and its counsel have had the opportunity to review and revise this Agreement. 6
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date indicated below.
DISTRICT:
UPLAND UNIFIED SCHOOL DISTRICT
A school district organized and existing
under the laws of the State of California
By:
Lynn Carmen Day, Ed.D., Superintendent
Date:
CITY:
CITY OF UPLAND
By:
Michael Blay, City Manager
Date:
7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
GREENBELT PARK
The fields known as North and South Field at Greenbelt Park COLLEGE HEIGHTS TRACT LOT 157
The field known as West Field at Greenbelt Park COLLEGE HEIGHTS TRACT LOT 158 180-5/7204000.1
EXHIBIT B
DEPICTION OF FIELDS (PREMISES)
GREENBELT PARK
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EXHIBIT C
EXTERNAL REPAIR/BEAUTIFICATION/MAINTENANCE PROPOSAL FORM (CITY)
External Maintenance/Repair Proposals
The City of Upland prides itself in"community"and graciously welcomes efforts for the maintenance or repair of existing park capital assets. In an effort to forrnalie external maintenance/repair proposals, this form must he filled out and submitted for consideration prior to any work commencing.
Consideration for maintenance/repair requests may take 30-90 days depending on the complexities of the project,current staff workloads,and any necessary additional communication_ The External Maintenance/Repair Proposals will be reviewed by the Operations Manager in the Public Works Department,with approvals(or denials)sent via email.
Project Proposal Information
DETAILS
Park/Facility:
Amenity:
description of Work to be Completed:
Estimated Work Timeline:
CONTACT INFO
Ap pliin nt Name:
Proposing Entity:
Phone: Email:
REQUEST REQUIREMENTS
L. Photos—Current Cond Mons
2. Estimated Donated Cost Breakdown(materials/supplies,labor,etc_) 3_ Requested City Resources(materials/supplies,labor,etc_) 4_ Ongoing Maintenance Needs Of applicable)
0 Approved Ddenied
Additional Requirements}Comments:
Operations Manager Date
Public Vworks Director Date
Please route this form to the Recreation&Community Services Manager Assistant City Manager Fee Reduction Approved D Date
FACILITIES USE AGREEMENT
(Memorial Park)
by and between
THE UPLAND UNIFIED SCHOOL DISTRICT
and
THE CITY OF UPLAND
March 1, 2025
FACILITIES USE AGREEMENT
Upland Unified School District/City of Upland
(Memorial Park)
THIS FACILITIES USE AGREEMENT ("Agreement") is dated March 1, 2025 by and between the UPLAND UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California("District"),and the CITY OF UPLAND("City"). District and City may be referred to in this Agreement individually as a "Party" or collectively as the "Parties."
RECITALS
A. Sections 10900 et. seq. of the Education Code ("Community Recreation Act") authorize and encourage cities and school districts to maintain and operate joint use playgrounds and outdoor playing fields in order to reduce capital and operational costs to both governmental jurisdictions and provide recreational areas for the community as a whole.
B. In accordance with District Board policies, City policies, and the Community Recreation Act, City and District intend to permit the shared use of property to promote youth sports and other recreational activities.
C. City is the owner of parks and recreation facilities throughout the City of Upland ("City Facilities"), one of which is commonly known as Memorial Park, located on Foothill Boulevard between Campus and Grove Avenue in Upland,California,legally described on Exhibit A, attached hereto and made a part hereof by this reference ("Memorial Park"). This Agreement deals primarily with Memorial Park.
D. District is the owner of certain multipurpose facilities within the District's boundaries ("District Facilities") which may be used from time to time by the City, to be set forth in separate agreements and the District's facilities use protocol.
E. District and City are committed to ensuring that seventy-five percent (75%) of the users of the City Facilities and/or District Facilities are District students and/or City residents.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Term of Agreement and Extensions. The initial term of this Agreement shall be twenty (20) years, beginning on July 1, 2024 ("Commencement Date") and expiring on July 30, 2044("Expiration Date"),unless extended or earlier terminated as provided for in this Agreement.
1.1 Extensions. This Agreement will be extended for fourteen (14) five (5)-year extension terms, which, including the initial term, comprises a total of ninety (90) years. Each extension will automatically be implemented unless either Party gives notice to terminate at least one (1) year prior to the expiration of the initial term or any extension. 1 Rev. 3-3-2025
1.2 Termination. If either Party gives a one (1) year notice to terminate as described in Section 1.1, the Parties shall meet at least ninety (90) days prior to the termination date to coordinate any necessary clean-up details.
2. Use of Memorial Park.
2.1 Operation of Upland Highlanders/Scots Baseball Program. The City hereby grants the use of specific playing field areas, dugouts,bleachers, scoreboard,batting cages, storage spaces, concessions facilities, announcer's booth, and team meeting room at Memorial Park as described in Exhibit B, attached hereto and made a part hereof by this reference (the "Premises")to the District's baseball program(Upland Highlanders Baseball), subject to the terms of this Agreement.
2.1.1 Reservation of Use by City. City Reserves the right to use, or allow the use of, Premises, including those allocated in the District, for activities at such time and dates that will not conflict with already established programs.
2.2 Fees. Subject to the provisions set forth in Section 4, the City will not charge the District fees for baseball and associated activities on the Premises.
2.3 Supervision. At all times during its scheduled use, the District shall provide adequate and appropriate supervision, including security for all participants in the Upland Baseball program or related activities on the Premises, including the time immediately preceding and following regularly scheduled activities. Additionally, starting in 2025 the school District will increase one coach to the baseball program. The Operations Committee will revisit the adequacy of the supervision on an annual basis
2.4 Compliance with Law. The District agrees to operate and maintain the Premises in accordance with the provisions of this Agreement and in accordance with all valid laws, ordinances, and regulations of federal, state, county or local governmental agencies having jurisdiction over the Premises, including but not limited to the Americans with Disabilities Act of 1990 and the regulations promulgated thereunder, as amended from time to time ("ADA").
3. Maintenance, Repair and Cleaning.
3.1 Routine Maintenance. Each Party shall be responsible for the routine maintenance of its Facilities at the Party's sole expense.
3.2 Beautification. Upland Highlanders Baseball is permitted to make beautification changes at the Premises in Memorial Park at District's expense. The District shall report the work to be done through submission of an External Maintenance/Repair Proposal form (Exhibit C)to the City.
3.3 Maintenance and Repairs. Upland Highlanders Baseball is permitted to make necessary maintenance and repairs at the Premises at District's expense. The District shall report the work to be done through submission of an External Maintenance/Repair Proposal form (Exhibit C)to the City.
2 Rev. 3-3-2025
3.4 Damage. Each Party shall repair, cause to be repaired, or reimburse the other Party for the cost of repairing damage to the other Party's Facilities which occurs during their use of the Facility, except where such damage is attributable to ordinary wear and tear.
3.5 Utilities and Water. Each Party shall pay the utility and water costs for its own Facility.
3.6 Cleaning. Each Party shall be responsible for the routine clean-up of the other Party's Facility during the time of that Party's use. Such routine clean-up includes maintaining the areas in good order and free of litter.
4. Operations Committee and Scheduling.
4.1 Operations Committee. City and District shall each name one (1) representative to act as direct communications liaisons for their entities ("Representative"). The Representative or their designee shall meet seasonally (prior to Fall and Spring activity) as an operations committee("Operations Committee")to review the year's schedule of use and to discuss maintenance issues.
4.2 Authority. Except where such actions would contradict a term of this Agreement, the Operations Committee shall have the authority to make decisions regarding the day-to-day operations of the Premises at Memorial Park and District Facilities being used by the City.
4.3 Scheduling. Upland Highlander Baseball shall use the Premises from December 1st to June 30th of each year for games, practices, scrimmages, and tournaments at its discretion. Additional use by Upland Highlander Baseball for the July 1st to November 30th time period shall be scheduled by mutual agreement through the Operations Committee. Upland Highlanders Baseball shall provide to the City detailed schedules for Fall and Spring programming including, but not limited to, dates and times for games,practices, scrimmages, and tournaments.
5. Basic Provisions. For the convenience of the Parties, certain basic provisions of this Agreement are set forth herein, which provisions are subject to the remaining terms and conditions of this Agreement and are to be interpreted in light of such remaining terms and conditions.
5.1 Notices. Any notices required or permitted under this Agreement shall be given in writing, delivered to the Party at the address set forth below and shall be deemed effectively delivered upon (i)personal service or electronic delivery, (ii) one (1) day after deposit for overnight delivery with Federal Express or a comparable national express courier, or (iii) two (2) days after deposit in the United States mail, by first-class mail,postage prepaid. A Party may designate another address for notice purposes upon written notice to the other Party.
5.2 Address for Notices:
DISTRICT
3 Rev. 3-3-2025
Upland Unified School District
390 North Upland Avenue
Upland, CA 91786
Attn: Superintendent
2024-2025
Attn: Lynn J. Carmen Day, Ed.D., Superintendent
Email: [email protected]
Phone: (909) 985-1864, Ext. 21107
With a copy to:
Fagen Friedman &Fulfrost, LLP
6300 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90048
Attn: Jessica Ehrlich
Email: [email protected]
Phone: (323) 330-6821
CITY
City of Upland
460 N. Euclid Ave
Upland, CA 91786
Attn: City Manager
Email: [email protected]
Phone: 909-931-4106
5.3 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference:
Exhibit A—Legal Description of Memorial Park
Exhibit B —Premises (Depiction of Fields)
Exhibit C—External Maintenance/Repair Proposal form (City)
6. Insurance. The District shall maintain the following programs of insurance coverage at their sole cost and expense:
6.1 A policy of comprehensive general liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury,personal injury, death and property damage covering any accident or incident arising in connection with the performance of this Agreement.
6.2 City shall each be named as an additional insured under the other District's insurance policy. Such insurance shall be primary and noncontributing and shall not be 4 Rev. 3-3-2025
cancelable or subject to reduction of coverage or other modification without thirty(30)days prior written notice to City.
6.3 The District shall maintain or cause to be maintained such Workers' Compensation and Employers' Liability insurance as required by the State of California to the extent that District has employees working on or in connection with the performances authorized by this Agreement.
6.4 To the extent District hires contractors to perform services at any Facility, District shall require such contractor(s) to carry the coverage required by this Section 7, to name the other Party as an additional insured,and to provide certificates and endorsements to each Party evidencing such coverage.
6.5 The insurance coverage requirements in this Section 7 shall be subject to review and adjustment to reflect coverages recommended by the District's insurance advisors over the term of this Agreement. Any such adjustment shall be set forth in a written amendment to the Agreement signed by both Parties.
6.6 The District shall deliver to the City within thirty(30)days of the execution of this Agreement, or any renewal, a written certificate of insurance and additional insured endorsements:
(a) Stating that the policies in effect and required by this Agreement satisfy the requirements of this Agreement;
(b) Setting forth the insurance policies then in force; and, (c) Setting forth the names of the insurers that issued the policies, the amounts and the risks covered, and with a minimum AM Best rating of A-:VII. (d) The District may comply with the above insurance requirements through programs of self- insurance reasonably acceptable to the City.
7. Indemnity. The District shall indemnify, defend and hold harmless the other Party, its officials, officers, employees, volunteers, contractors and agents from any and all claims, demands, causes of action, losses, damages, costs and expenses of any kind arising from its acts or omissions under this Agreement, including but not limited to any damage caused by the District or its agents while using the City's Facilities.
8. Defaults. In the event of a breach by City or District of one of the material covenants, conditions, or obligations in this Agreement, the Party alleging the default shall give the other Party written notice of the breach and time to cure. Failure to cure a breach,where such failure continues after written notice and a thirty (30) day opportunity to cure shall constitute a default("Default");provided,however,that if the nature of the breach is such that more than thirty (30)days are reasonably required to cure the breach,then Party shall not be deemed to be in default if it commences the cure within the thirty (30) day period and thereafter diligently and in good faith continues to cure the breach.
5 Rev. 3-3-2025
9. Remedies.
9.1 Termination. In the event of a Default by either Party, and without limiting the Parties in the exercise of any right or remedy which they may have, the Party alleging default shall be entitled to terminate the defaulting Parry's use and possession of the Facilities by delivering written notice of such termination to the defaulting Party. Within sixty (60) days of receipt of the notice of termination,the defaulting Party shall surrender possession of the Facilities.
The defaulting Party may remove such personal property from the Facilities as can be removed without damage to the Facilities and shall surrender possession of the Facilities in a clean and orderly condition.
9.2 Other Remedies. Both parties may seek any additional remedy available at law or in equity in addition to termination of this Agreement,including but not limited to injunctive relief and damages.
10. Attorney's Fees. If either Party brings an action to enforce the terms of this Agreement, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorney's fees to be paid by the losing party as fixed by the court.
11. General Provisions.
11.1 Applicable Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California.
11.2 Authority to Execute Agreement. Each individual executing this Agreement on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of that entity.
11.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original.
11.4 Nondiscrimination. The District, City and all others who from time to time may use the Premises and Facilities described in this Agreement with the permission and on the terms and conditions specified by the City and District shall not discriminate in any manner against any person or persons on account of race, color, sex, creed, or national origin, including but not limited to the provision of goods, services, facilities, privileges, advantages, and the holding and obtaining of employment.
11.5 Construction. As used in this Agreement, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so indicates. This Agreement shall be construed in accordance with its fair meaning, the captions being for the
11.6 Review. The Parties acknowledge and agree that each Party and its counsel have had the opportunity to review and revise this Agreement. [Signatures on following page]
6 Rev. 3-3-2025
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date indicated below.
DISTRICT:
UPLAND UNIFIED SCHOOL DISTRICT
A school district organized and existing
under the laws of the State of California
By:
Lynn Carmen Day, Ed.D., Superintendent
Date:
CITY:
CITY OF UPLAND
By:
Michael Blay, City Manager
Date:
7 Rev. 3-3-2025
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
MEMORIAL PARK
The agreement for the 2024/2025 school year uses the field known as "North Field" at Memorial Park, ONTARIO COLONY LANDS LOT 523 EX N 7 FT HGWY AND EX HGWY AND EX ST
The agreement for the 2025/2026 school year uses the field known as "South Field' at Memorial Park, ONTARIO COLONY LANDS PTN LOTS 550 AND 549 LYING NLY OF SAN
BERNARDINO RD AND ELY OF
SWLY LI OF FLOOD CONTROL EASEMENT RECORDED 11 19 1953 IN BOOK 3280 PAGE 148 OF OFFICIAL
RECORDS AND PTN ELEVENTH ST VAC ON N ***** 10/24/97 #97-391760 ST VAC *****
180-5/7026783.1
EXHIBIT B
DEPICTION OF FIELDS (PREMISES)
MEMORIAL PARK
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EXHIBIT C
EXTERNAL REPAIR/BEAUTIFICATION/MAINTENANCE PROPOSAL FORM (CITY)
External Maintenance/Repair Proposals
The City of Upland prides itself in"community"and graciously welcomes efforts for the maintenance or repair of existing park capital assets. In an effort to formalize external maintenance/repair proposals, this form must he filled out and submitted for consideration prior to any work commencing.
Consideration for maintenance/repair requests may take 3C-90 days depending on the complexities of the project,current staff workloads,and any necessary additional communication_ The External Maintenance/Repair Proposals will be reviewed by the Operations Manager in the Public Works Department,with approvals(or denials}sent via email_ Project Proposal Information
DETAILS
Park/Facility:
Amenity:
Des€ri ption of Work to be Completed:
Estimated Work Timeline:
CONTACT INFO
Applicant Name:
Proposing Entity:
Phone: Email:
REQUEST REQUIREMENTS
i_ Photos—Current Conditions
2_ Estimated Donated Cost ereakdown(materials/supplies,labor,etc.} 3_ Requested City Resources(materialsfsupplies,labor,etc.) 4_ Ongoing Maintenance Needs(if applicable}
Approved ['Denied
Additional Requirements/Comments:
Operations Manager Date
Public Works Director Date
Please route this form to the Recreation&Community Services Manager Assistant City Manager Fee Reduction Approved CI Date
4 pF tip
CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
tIF08�
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):
XNO
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):
)<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. 45/85—
•
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DATE: March 24,2025
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: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UPLAND AND LWP CLAIMS SOLUTIONS,INC.
RECOMMENDED ACTION:
It is recommended that the City Council approve a Professional Services Agreement between the City of Upland and LWP Claims Solutions,Inc.(LWP)for the administration of existing workers'compensation claims in an amount not to exceed$75,000;and authorize the City Manager to execute the agreement.
GOAL STATEMENT
The proposed action supports the City's goal of enhancing operational efficiency.
BACKGROUND
On June 1,2024,the City entered into a$50,000 professional services agreement with LWP for the administration of workers'compensation claims that existed prior to July 1,2024,when the City joined the California Intergovernmental Risk Authority(CIRA)risk insurance pool.The original agreement expired on December 31,2024.
ISSUES AND ANALYSIS
LWP currently serves as the third-party claim's administrator for all new City claims following the City's transition to CIRA on July 1, 2024. However, Workers' Compensation claims that existed before July 1, 2024, still require administration. The agreement will cover third-party claims administration and managed care services for the City's Workers' Compensation claims that existed prior to CIRA, including oversight of all aspects of claims management such as caseload management, account management, data management, litigation management, quarterly claim reviews, trust account maintenance (including check handling and reconciliations), claims investigations, claim reserving, benefit provisions, medical administration, return-to-work coordination, diary review, action planning, claim supervision, status reporting, settlements, award payments, future medical claims, subrogation, and fraud detection.
One third-party administrator for all City workers' compensation claims ensures consistency and standardization in policies,procedures, and decision-making across all claims, reducing inconsistencies in how claims are handled. A unified system allows for improved data management and reporting through comprehensive tracking, analysis and reporting of claims data leading to better insights for risk management,trend identification,and process improvement.
With a holistic view of all claims, consistent strategies can be implemented to expedite claims resolution, manage return-to-work programs effectively and ensure fair and appropriate settlements.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The total cost for the agreement shall not exceed twenty-five thousand dollars$25,000 for the current fiscal year,and fifty-thousand dollars, $50,000 for Fiscal Year 2025/26. The Human Resources/Risk Management budget has sufficient funds to cover the agreement cost.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 24, 2025 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and LWP Claims Solutions, Inc., a California Corporation with its principal place of business at P.O Box 349016 Sacramento, CA 95834 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Third Party Administrator for Workers' Compensation claims administration and Managed Care services for the City of Upland's existing claims (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B"attached hereto and incorporated herein by reference.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of twenty-five thousand dollars ($25,000) for Fiscal Year 2024/25, and fifty-thousand dollars ($50,000)for Fiscal Year 2025/26. This amount is to cover all claims and related costs, and the City will not pay any additional fees for claims expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or two thousand five hundred dollars ($2,500) for Fiscal Year 2024/25 and five thousand dollars ($5,000) for Fiscal Year 2025/26. In no event shall the total sum of the Agreement (original compensation amount and Additional Work) exceed twenty-seven thousand five hundred dollars ($27,500) for Fiscal Year 1
2024/25 and fifty-five thousand dollars ($55,000)for Fiscal Year 2025/26. Any additional work in excess of this amount shall be subject to approval by the City Council.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from January 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of 2
hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance 3
of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for(1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability 4
program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein.
Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability(Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this 5
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.
Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty(30)days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other 6
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project 7
or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations 8
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30) calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Amber Davis as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
9
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Upland LWP Claims Solutions, Inc.
460 N. Euclid Avenue P.O. Box 349016
Upland, CA 91786 Sacramento, CA 95834
Attn: Deputy Director of Human Attn: Judy Adlam Resources/Risk Management
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment 10
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND LWP CLAIMS SOLUTIONS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF UPLAND LWP Claims Solutions, Inc.
[IF CORPORATION, TWO SIGNATURES, PRESENT
OR VICE PRESIDENT AND SECRETARY OR
TREASURER REQUIRED]
By: By:
Michael Blay
City Manager
Its: President
Printed Name: Judy Adlam
Attested by:
By: By:
Keri Johnson
City Clerk
Its: Chief Executive Officer
Printed Name:Judy Adlam
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
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EXHIBIT A
Scope of Services
While LWP acts as the third-party claims administrator for the City's current risk pool (California Intergovernmental Risk Authority), Workers' Compensation claims prior to July 1, 2024 still need to be administered. This agreement is for the third-party claims administration and managed care services for the City of Upland's existing Workers' Compensation claims which consists of overseeing all aspects of Workers' Compensation claims management, including: caseload management, account management, data management, litigation management, quarterly claim reviews, trust account maintenance including handling of checks and reconciliations, claims investigations, claim reserving, provisions of benefits, medical administration, return to work, diary review, plan of action, claim supervision, status reports, settlements, award payments, future medical claims, subrogation, and fraudulent claims.
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EXHIBIT B
Schedule of Charges/Payments
F ricing Proposal-City,of Upland
Claims Management pricing for City of Upland
(Claims with dates of injury prior to 7/1f2024)
We offer the following pricing for your consideration.
Claims Administration-Life of Contract Claims Administration and Managed Care Indemnity $125 per month/per open indemnity claim Future Medical Claims $75 per month/per open future medical claim Medical Only Claims $40 per month/per open medical only claim First Aid Claim $40 one-time fee
ff any claim is reopened that has not been previously handled by LWP a$4.50 set up fee(per indemnity)or$400(per future medical) would be charged in month one,with the fee stated above starting in month two.
Services Included in Claims Administration Fee
Claims Administration Designated Account Manager
Claim Review Meetings Litigation Management
Reporting to Excess Carrier
Note: - -
■ Monthly fee for indemnity claims will convert to the lower Future Medical fee in the month following fin a l approval of resolution of permanent disability.
Annual Administration Fee
Annual Administration Fee $2,000
Bank Charges(one account) Included
Does not include outgoingACII Payments
Storage Fees Included
On-Line 5020 Reporting Included
Loss Reports Included
On-Line System Access 4 users included($250 peruser-year for additional users)
Trust Accounting Included
Preparation and filing of 1099's Included
FRDI/SROI Reporting Included
Medicare Reporting Included
+ Page 1—February 4,2025
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Pricing Proposal-City of Upland
Cost Containment and Managed Care Services
Medical Bill Review Fee
Standard Medical Bill Review Fee Schedule $8.50 per bill plus PPO Reduction Reductions
Inpatient hospital and Ambulatory Surgery Center $300 per bill plus PPO Reduction if original charges are greater than$300
PPO Reduction 24% of Reduction below Fee Schedule
Bills not subject to Fee Schedule 24%of Reduction
Pharmacy Network Access (bill review charges do not apply) Pharmacy Benefit Network $5 per bill network access fee File Indexing
Index and OFAC Reporting(ISO Fee passed through) $24.00 per claim Rate adjusted annually
E-Bill
E-Bill Fees $1.00 per bill submitted by a provider through a clearinghouse
Case Management
Telephonic Case Management $102 per hour
Field Case Management $108 per hour+incidentals(including mileage, phone,tolls, parking,etc.)
Utilization Review
Adjuster Review No Charge
lier 1 -Nurse Review $110 Flat Fee
includes3 medical request in a single review,set up,phone calls to physician,ernoii notices to adjuster and letters to all parties including network provider.Fee applies to reviews approved by nurse or escalated to physician.
Tier 2 -Physician Review $235 plus nurse charge includes 3 medical request in a single review_
Reconsideration: 235 flat fee (up to 3 medical request per referral) Pharmacy Review 385 plus nurse charge
includes unlimited medical request in a single review_
Reconsideration_ $385 flat fee
Medical Provider Network Access(LWP Network)
PPO fee for savings below fee schedule and negotiations 24% LW P Page 2-February 4, v'
15
Pricing Proposal-City of Upland
There is no separate charge far meakai provider access to L Wp's proprietary network Percentage of sowings telow fee schedule is the only charge_
Specialized Network Access (bill review charges do not apply) Durable Medical Goods $5 per bill network access fee Expedited Diagnostic Testing $5 per bill network access fee Physical Therapy Network $5 per bill network access fee These charges op ply only if I WP's progroms ore utilized Investigation
Field Investigation $88 per hour
Sill related work $98 per hour
• Plus expenses,including but not limited to, mileage,photos,CDs,video,records and steno • Additional investigation services are billed at the flat rate negotiated with LWP's partners.
LWP has negotiated rates below standard industry rates on services including background and social media, medical canvass,and wellness check.
LWP makes every effort not to change pricing_ Pricing guarantee for 12 months_Price subject to increase thereafter with advance notice_
LW p Page 3-February 4r 2025
16
4 or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
x NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
x NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application.
February 12, 2025 .AdO
Date Sign ure of authorized individual
LWP Claims Solutions, Inc.
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
trpl"� �I FUPLAND
_ � "The City of Gracious Living"
tIFOBS
1. Staff(kr°flit
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR
JASON LARA,UTILITIES SUPERVISOR—SEWER
LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF A 6" GODWIN NC150S TRAILER-
MOUNTED TRASH PUMP
RECOMMENDED ACTION:
It is recommended that the City Council approve the purchase of a 6" Godwin NC150S trailer-mounted trash pump from Xylem Dewatering Solutions as a sole-source procurement to enhance emergency response capabilities for wastewater management.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining efficient and effective emergency response operations by improving the reliability and functionality of wastewater bypass pumping equipment.
BACKGROUND
The City's wastewater management operations rely on trailer-mounted bypass pumps to divert flow between manholes during emergencies, such as sanitary sewer overflows(SSOs). The existing 6" bypass pump, while functional, lacks onboard storage for essential lay-flat hoses, suction and discharge hoses, and related equipment. Currently, these materials are stored separately in a sea container at the yard,requiring additional time and personnel to load before responding to an emergency.
ISSUES AND ANALYSIS
The new 6" Godwin NC150S trailer-mounted trash pump offers several operational advantages over the existing pump.Key benefits include:
Integrated Storage: The new pump features built-in compartments to house all necessary hoses and equipment, streamlining deployment and reducing response time in emergencies.Instead of requiring multiple employees to load equipment before heading to a site,a single operator can hitch the pump to a truck and respond immediately. - Dri-Prime Technology:
o Unlike the current pump, which requires a water source to establish suction, the new pump's Dri- Prime feature enables instant priming,eliminating delays in emergency situations. - Non-Clog Impeller:
o The pump is equipped with Flygt-N Technology, which minimizes the risk of clogging during bypass operations.This feature is critical in preventing overflows,reducing environmental impact, and avoiding fines related to sewer spills.
- Improved Redundancy:
o Retaining the existing pump as a backup ensures operational reliability, providing additional capacity for high-flow events and allowing for uninterrupted service if one pump requires maintenance.
This purchase is recommended as a sole-source procurement from Xylem Dewatering Solutions, the exclusive manufacturer and provider of Godwin pumps. The Godwin NC150S Pump is the only pump that integrates both Dri- Prime self-priming technology and Flygt-N non-clog impeller technology, which are critical for maintaining uninterrupted emergency response operations. Due to these unique features, no other manufacturer can provide an equivalent pump that meets the City's operational needs.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA.The proposed action is not included within the definition of a"project" and thus,is exempt.
FISCAL IMPACTS
The total purchase cost of the 6" Godwin NC150S trailer-mounted trash pump is $121,506.66. There are available funds in the Sewer Utility Maintenance Machinery&Equipment Account 6456402-5530.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
xylem
Let's Solve Water
Xylem Dewatering Solutions
11161 Harrel Street, Mira Loma, CA 91752
Tel+1.951.681.3636 Fax+1.951.681.2623
January 23, 2025
Upland Public Works Fleet Division
1370 N. Benson Ave
Upland, CA 91786
To whom it may concern,
This letter is to inform you that Xylem Dewatering Solutions located at 11161 Harrel St. in Mira Loma CA 91752 is the sole Manufacture for genuine Godwin and Flygt parts, service, and repairs in southern California.
Xylem does not have any agreements or contracts with any other resellers or distributors in southern California and we are the sole source for Godwin and Flygt pumps, parts, service, rentals and repairs.
Please let us know if there is anything we can do to help with your pumping needs. We thank you for your business and look forward to working with the Upland Public Works Fleet Division.
Regards, )�J�
Brian Watts
Sales Representative
Xylem Inc.
11161 Harrel Street
Mira Loma, CA 91752, USA
0: 951.681.3636
M: 951.903.8913
brian.r.watts@ xylem.com
godwin
PLYGT
xy`e m 11161 Harrel Street
Mira Loma,CA 91752-1439
Let's Solve Water Tel: 951-681-3636
Fax: 951-332-3679
godwin www.godwinpumps.com
November 18, 2024
Jason Lara Phone: 909-931-4230
City Of Upland Public Works Email: [email protected] 1370 N Benson Ave
Upland, CA 91786
RE: NC150 GL7 Trailer Quote
Sale Quotation 117027534
Dear Jason:
Xylem Dewatering Solutions is pleased to offer the attached quotation for the equipment that was requested for your pumping application. Should there be any questions or concerns regarding this quotation,please feel free to contact me at the phone number provided.
Sincerely,
Brian Watts
Outside Sales Representative
BW/mw
Home Office: Page 93 of 127
rreet
Cl Y5l )( J m
City Of Upland Public Works Mira Lorna,en tarrei 91752-1439 Attention: Jason Lara Tel:951-681-3636
Let's Solve Water
Sale Quotation# 117027534:
godwin® -
SALE QUOTATION
UNIT SALE
ITEM QTY DESCRIPTION PRICE TOTAL
A 1 Dri-Prime NC150S Critically S 89,461.00 $ 89,461.00 • Silenced Sound Attenuated Enclosure
• 6" 150#Flange Suction and Discharge
• John Deere 4045TFC03-FT4 Diesel Engine
• with Field Smart Technology
• Skid-mounted
*With purchase of above pump(s),Xylem recommends purchasing the PM Service item(s)listed below:
1 PPGODWINPMA00 Single Annual Visit Prepaid Bronze PMA 850.00 850.00 1 KTNC150SRS14 NC150S 1-2 yr Spares Kit 1,335.60 1,335.60 B 1 CD225 SAE GL7 Trailer(5954) 19,465.00 19,465.00 C 1 6" Male Cam& Groove x 6" 150#Flange Adapter 290.00 290.00 D 1 6" Female Cam & Groove x 6" 150#Flange Adapter 394.00 394.00 E 1 DELIVERY MOTOR FRT BR 017 PARTIAL LOAD 3,000.00 3,000.00 F 1 Sales Tax 8,896.66 8,896.66
THE PRICE PROVIDED IS BASED UPON XYLEM'S REVIEW OF THE APPLICABLE PLAN DRAWINGS AND RELEVANT TECHNICAL SPECIFICATION SECTIONS BEARING ON THE EQUIPMENT DESCRIBED IN THIS QUOTATION.SUBMISSION OF THIS QUOTATION SHOULD NOT BE MISCONSTRUED
AS XYLEM'S ACCEPTANCE OF ANY OTHER PROVISIONS OF THE PRIME CONTRACT BETWEEN CONTRACTOR AND PROJECT OWNER (HOWSOEVER REFERENCED) AND ATTEMPTS IN ANY SUBSEQUENT SUBCONTRACT TO BIND XYLEM TO SUCH OWNER DOCUMENTS ARE HEREBY REJECTED AND SHALL BE OF NO FORCE AND EFFECT,IRRESPECTIVE OF ANYTHING STATED ELSEWHERE TO THE CONTRARY.
Please note all sale pricing is in U.S.Dollars.The price does not include freight,export boxing,duties,taxes,or any other items not specifically mentioned.
This pricing information is for internal use only.We ask that these items and terms be kept confidential.All applicable tax and freight charges will be added to invoices.All quotations are subject to credit approval.All quotations are valid for 30 days.All prices quoted in US dollars.
This order is subject to the Standard Terms and Conditions of Sale-Xylem Americas effective on the date the order is accepted which terms are available at httos:// www.xvlem.com/en-US/su000rt/xvlem-americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties.
btreet
ll,bl harrel-1439 xyLem
City Of Upland Public Works Mira Loma,CA 91752-1439 Attention: Jason Lara Tel:951-681-3636
Sale Quotation# 117027534 Let's Solve Water
godwin 4`.• $L46T
SALE QUOTATION
UNIT SALE
ITEM QTY DESCRIPTION PRICE TOTAL
Our current delivery lead-times associated with this Quotation are best estimates at this time. Due to the outbreak of the COVID-19 virus pandemic and its global effects on commerce, supply chain, and logistics, these lead-times are an estimate only and not a commitment. Xylem is and will continue to use all commercially reasonable efforts to minimize any delivery delay impacts.
A signed copy of this Quotation is acceptable as a binding contract.
Name:
Signature: (PLEASE PRINT)
Company/Utility: Reference#:
Address: Date:
Phone:
Email:
Fax:
Net Sale Total with Recommended PM Service Kits $ 123,692.26 NET SALE TOTAL $ 121,506.66
THE PRICE PROVIDED IS BASED UPON XYLEM'S REVIEW OF THE APPLICABLE PLAN DRAWINGS AND RELEVANT TECHNICAL SPECIFICATION SECTIONS BEARING ON THE EQUIPMENT DESCRIBED IN THIS QUOTATION.SUBMISSION OF THIS QUOTATION SHOULD NOT BE MISCONSTRUED
AS XYLEM'S ACCEPTANCE OF ANY OTHER PROVISIONS OF THE PRIME CONTRACT BETWEEN CONTRACTOR AND PROJECT OWNER (HOWSOEVER REFERENCED) AND ATTEMPTS IN ANY SUBSEQUENT SUBCONTRACT TO BIND XYLEM TO SUCH OWNER DOCUMENTS ARE HEREBY REJECTED AND SHALL BE OF NO FORCE AND EFFECT,IRRESPECTIVE OF ANYTHING STATED ELSEWHERE TO THE CONTRARY.
Please note all sale pricing is in U.S.Dollars.The price does not include freight,export boxing,duties,taxes,or any other items not specifically mentioned.
This pricing information is for internal use only.We ask that these items and terms be kept confidential.All applicable tax and freight charges will be added to invoices.All quotations are subject to credit approval.All quotations are valid for 30 days.All prices quoted in US dollars.
This order is subject to the Standard Terms and Conditions of Sale-Xylem Americas effective on the date the order is accepted which terms are available at httos:// www.xvlem.com/en-US/su000rtixylem-americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties.
4 of u
N9
~a 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.
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/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.
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 Long Beach and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity,made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
_YES If yes, please identify the Council Member(s):
x NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
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.
II27r2S—
Date tt Sign ture of authorized individual
CUL 1�111q (NL, FJieYU1 1,M1 /IS
mpany/Appl' ant Name
(Levine Act definitions on reverse side)
4,a trpl CITY
UPLAND
„.;
"The City of Gracious Living"
tIFOBS
1. Staff(kr°flit
DATE: March 24,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
LORALEE FARRIS,PLANNING MANAGER
SUBJECT: CONSIDER ZONING CODE AMENDMENT NO.25-0001 TO AMEND CHAPTER 17.37 AND
DETERMINE AMENDMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT
RECOMMENDED ACTION:
It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code regarding Accessory Dwelling Units(ADUs)and Junior Accessory Dwelling Units(JADUs), and determine the Zoning Code Amendment is Statutorily Exempt from the California Environmental Quality Act(CEQA)pursuant to Public Resources Code Section 21080.17.
GOAL STATEMENT
The proposed action supports the City's goals of maintaining compliance with state law,as well as providing for high quality housing in a range of types, densities, and unit sizes that meet the housing needs of residents of all income levels,promoting equal and fair housing opportunities for all residents, and facilitating the development of a mix of prices,types,and affordability of housing products through the implementation of flexible standards and an efficient permitting process.
BACKGROUND
In recent years, the California Legislature has approved, and the Governor has signed into law numerous bills that impose limits on local authority to regulate ADUs and JADUs. In 2024,the California Legislature approved,and the Governor signed into law,two new bills—Assembly Bill(AB)2533 and Senate Bill(SB) 1211.Both AB 2533 and SB 1211 took effect on January 1,2025.To remain valid,the City's ADU ordinance must be amended to comply with the requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (See Attachment 1) ensures that the City's ADU ordinance will be consistent with and valid under state law.
On February 26, 2025,the Planning Commission held a noticed public hearing and discussed the City's changes to the ADU and JADU Ordinance. The Commission adopted a Resolution(See Attachment 2) recommending that the City Council adopt the Zoning Code Amendment, amending Upland Municipal Code Chapter 17.37 to address the changes in State law.
ISSUES AND ANALYSIS
The proposed Zoning Code Amendment implements AB 2533 and SB 1211 and have been addressed within the following analysis:
AB 2533—Unpermitted ADUs and JADUs
Subject to limited exceptions, existing State law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1,2018,if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 changes this by:
(1)expanding the above prohibition to also include JADUs; (2)moving the construction-cutoff date from January 1,2018,to January 1,2020;and
(3)replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3(Substandard Buildings). (See amended Gov.Code, § 66332(a)—(f).)
SB 1211—Replacement Parking Requirements;Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage,carport,or covered parking structure is demolished in conjunction with the construction of,or conversion to,an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU.(See amended Gov. Code, § 66314(d)(11).) Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure.
Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within "portions of existing multifamily dwelling structures that are not used as livable space, including,but not limited to, storage rooms,boiler rooms,passageways, attics,basements, or garages ...."The term"livable space"is not defined by existing state ADU law.
SB 1211 changes this by adding a new definition: "`Livable space' means a space in a dwelling intended for human habitation,including living,sleeping,eating,cooking,or sanitation."(See amended Gov.Code, § 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have.
Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.
Under SB 1211, a lot with an existing multifamily dwelling can have up to eight (8) detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. [See amended Gov. Code, § 66323(a)(4)(A)(ii)]. However, SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have—the limit remains at two. (See amended Gov. Code, § 66323(a)(4).) A legislative copy of the ordinance,indicating the amendments in redline,has been included as Attachment 3.
ENVIRONMENTAL DETERMINATION
Under California Public Resources Code Section 21080.17,CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code,which is California's ADU law and which also regulates JADUs, as defined by Section 66313. Therefore,the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
FISCAL IMPACTS
There is no fiscal impact associated with approving the proposed Zoning Code Amendment.ADUs and JADUs will continue to be subject to the adopted application and permit fees to cover staffs cost in processing the approval of the permits.
ALTERNATIVES
The City Council may provide staff with alternative direction.
CEQA: Determine to be Exempt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND AMENDING CHAPTER 17.37 OF THE CITY OF
UPLAND MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) GUIDELINES UNDER PUBLIC RESOURCES
CODE § 21080.17
WHEREAS, the City of Upland, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and
WHEREAS, on February 26, 2025 at 6:30 p.m. the Planning Commission conducted a duly-noticed public hearing for the ordinance, as prescribed by law, and heard and considered both oral and written evidence and adopted Resolution No. 5022 recommending that the City Council adopt an Ordinance amending Chapter 17.37 of the City of Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, a notice of a public hearing on said application has been given in the manner and for the time required by law; and WHEREAS, on March 24, 2025 at 6:00 p.m. the City Council conducted a duly noticed public hearing for the project, as prescribed by law, heard and considered both oral and written evidence, and considered the entire record of information received at the public hearings before the Planning Commission and City Council.
Ordinance No.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference and adopted as findings by the City Council.
Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.
Evidence: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and goals:
A. Land Use Policy LU-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.
Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by setting objective development standards for ADUs and JADUs that are consistent with state law while also providing for a housing type that meets the needs of residents of all income levels.
B. Housing Element - Program 9 - Accessory Dwelling Units - Objective: Review State ADU law annually and process amendments to local regulations as necessary to ensure conformance with current law.
Fact: The proposed ordinance meets the objective under Program 9 of the Housing Element, as it specifically involves a review of State ADU law and the processing of amendments to local regulations to ensure conformance with current law.
Ordinance No.
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
Evidence: The proposed Ordinance is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring consistency of their ordinances with state law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2025.
3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.
Section 4. Chapter 17.37 of the Upland Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
Section 7. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
Section 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
PASSED, APPROVED, AND ADOPTED this 14th day of April, 2025.
Bill Velto, Mayor
Ordinance No.
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 24th of March, 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the 14th day of April, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
Exhibit A
Ordinance No.
Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.
The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.
An ADU or JADU that conforms to the standards in this chapter will not be:
A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
C. Considered in the application of any local ordinance, policy,or program to limit residential growth.
D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below.
This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. § 17.37.030. Definitions.
As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling. An attached ADU does not
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include a manufactured home.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Detached ADU"means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. "Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. "Junior accessory dwelling unit" or"JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size;
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
5. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family dwelling on the lot where an ADU would be located.
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"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 17.37.040. Approvals.
The following approvals apply to ADUs and JADUs under this chapter:
A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.37.050 below, it is allowed with only a building permit in the following scenarios:
1. Converted on Single-Family Lot. Only one ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.
2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1)above), if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller. c. The peak height above grade does not exceed the applicable height limit in Section
17.37.050(B) below.
3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for a dwelling. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
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4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following:
a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.050(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 17.37.050 and 17.37.060 below.
2. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Development Services Department and approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerial without discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.
Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
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§ 17.37.050. General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under Section
17.37.040(A) or(B) above:
A. Zoning.
1. An ADU subject only to a building permit under Section 17.37.040(A) above may be created on a lot in a residential or mixed-use zone.
2. An ADU subject to an ADU permit under Section 17.37.040(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
B. Height.
1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.
5. For purposes of this subsection B, height is measured above existing legal grade to the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot)or from the lot and all of the dwellings (in the case of a multifamily lot).
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F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. ADUs created under this section on or after January 1, 2020 are not subject to any owner-occupancy requirement.
2. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (G)(3) does not apply if the property is entirely owned by another government agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by,for example, removal of the kitchen facilities.To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner,and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
I. Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and66330, the following requirements shall be satisfied:
1. With the building permit application, the applicant shall provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
2. Within 90 days after January 1st of each year following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If
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the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30- day period, the City may enforce this provision in accordance with applicable law.
J. Building and Safety.
1. Must Comply with Building Code. Subject to subsection (J)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (J)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. § 17.37.060. Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under Section
17.37.040(B) above.
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
B. Setbacks.
1. ADUs that are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform to a minimum 25- foot front-yard setback, subject to subsection (A)(3)above.
2. The setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.
3. All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.
4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.
C. Lot Coverage.
1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the
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total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.
2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).
3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).
5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
D. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM- 20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):
1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.
2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.
a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.
E. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.
2. Exceptions. No parking under subsection (F)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.37.040(A)(1) above.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the
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ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(2)(a) though (e) above.
3. No Replacement. When a garage, carport, or covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
G. Architectural and Design Requirements.
1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.
2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep. b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.
5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.
6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
H. Landscape Requirements.
1. Plant specimens must be at least five feet tall when installed. As an alternative, a solid fence of at least five feet in height may be installed.
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2. All new landscaping must be drought-tolerant.
I. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
J. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section
17.37.050(B)(4).
§ 17.37.070. Fees.
The following requirements apply to all ADUs that are approved under Section 17.37.040(A) (Building Permit Only) and 17.37.040(B) (ADU Permit) above.
A. Impact Fees.
1. No impact fee is required for an ADU that is less than 750 square feet in size.
2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit(e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
3. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b))and a fee under the Quimby Act(Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection (B)(1)of this section, converted ADUs on a single-family lot that are created under Section 17.37.040(A)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture-units (DFU)values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.080. Nonconforming Zoning Code Conditions, Building
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Code Violations, and Unpermitted Structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs and JADUs constructed Before 2020.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with the State ADU or JADU law (Government Code Section 66332) or this ADU ordinance (Chapter 17.37).
2. Exceptions.
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3. b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. § 17.37.090. Nonconforming ADUs and Discretionary
Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections
17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
RESOLUTION NO. 5022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF UPLAND, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER
17.37 OF THE UPLAND MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS IN THE CITY, AND FINDING THE ACTION
TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
Intent of the Parties and Findings
WHEREAS, the City of Upland, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further amend state ADU law; and
WHEREAS, the City desires, to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and
WHEREAS, Upland Municipal Code Section 17.43.020 (Table 17.43-1) identifies the decision making authority as the City Council, with the Planning Commission being a recommendation body; and
WHEREAS, The City of Upland Planning Division on February 13, 2025, 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 Upland Municipal Code Section 17.46.020; and
WHEREAS, The City of Upland Planning Division on February 14, 2025, published a legal notice 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 February 26, 2025 at 6:30 p.m., at which time it received public testimony concerning the Project, and considered the CEQA determination for the proposed ordinance; and
ZA-25-0001
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission hereby finds, determines and resolves and recommends as follows:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. The Planning Commission recommends that the City Council:
Adopt an Ordinance amending Upland Municipal Code Chapter 17.37 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, as set forth in Attachment A of this Resolution.
Section 3. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the recommendation for approval of the Project:
A, Upland Municipal Code Section 17.48.060 provides that the approval body, before it may approve a Zoning Code Text Amendment, shall make a determination to allow the activity based upon the following findings:
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.
Evidence: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and programs:
a. Land Use Policy LU-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.
Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by setting objective development standards for ADUs and JADUs that are consistent with state law while also providing for a housing type that meets the needs of residents of all income levels. b. Housing Element - Program 9 - Accessory Dwelling Units - Objective: Review State ADU law annually and process amendments to local regulations as necessary to ensure conformance with current law.
Fact: The proposed ordinance meets the objective under Program 9 of the Housing Element, as it specifically involves a review of State ADU law and the processing of amendments to local regulations to ensure conformance with current law.
ZA-25-0001
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
Evidence: The proposed Ordinance is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring consistency of their ordinances with state law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2025.
3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.
Section 4. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds that the requirements necessary for the recommendation of approval of the Zoning Code Amendment No. ZA-25-0001 are met, subject to all applicable provisions of the Upland Municipal Code.
Section 5, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 6. INCONSISTENCY. If any section, division, sentence, clause, phrase or portion of this resolution or the document in the record in support of this resolution is determined by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, phrases of this Resolution.
Section 7. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and their certification to be entered in the Book of Resolutions of the Planning Commission of the City.
PASSED, APPROVED and ADOPTED this 26th day of February, 2025.
0. Robin Aspinall, Chair
ZA-25-0001
ATTEST:
Robert D. Dalquest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a regular adjourned meeting thereof held on the 26th day of February, 2025, by the following vote:
AYES: Chair Aspinall, Vice Chair Staton, Commissioners Andrews, Borger, Caldwell, and Marroquin
NAYS: Commissioner Johnson
ABSENT: None
ABSTAIN: None
Robert D. Dalquest, SECRETARY
Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.
The purpose of this chapter is to allow and regulate accessory dwelling units(ADUs)and junior accessory dwelling units (JADUs) in compliance with California Go„ernment Code Sections 65852 2 and 65852 2� requiring consideration of such uses Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.
An ADU or JADU that conforms to the standards in this chapter will not be:
A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
C. Considered in the application of any local ordinance, policy, or program to limit residential growth.
D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
§ 17.37.030. Definitions.
As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling. An attached ADU does not include a manufactured home.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Detached ADU" means an ADU that is constructed as a separate structure from the prinn4lniigNVIOPCM 127 1/10
which does not share any walls with the primary dwelling. "Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
"Junior accessory dwelling unit" or"JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size;
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
3.4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
45. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family dwelling on the lot where an ADU would be located.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
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§ 17.37.040. Approvals.
The following approvals apply to ADUs and JADUs under this chapter:
A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section
17.37.050 below, it is allowed with only a building permit in the following scenarios:
1. Converted on Single-Family Lot. Only one ADU as described in subsection (A)(1)and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU orJADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only)within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections65852.22. 66333 through 66339.
2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1)above), if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller. c. The peak height above grade does not exceed the applicable height limit in Section
17.37.050(B) below.
3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for a dwelling. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following i�.„�itations:
a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.050(B) below.
bc. If the lot has an existing multifamily dwelling,the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 17.37.050 and
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17.37.060 below.
2. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Development Services Department and approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerial without discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. § 17.37.050. General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under Section 17.37.040(A) or (B) above:
A. Zoning.
1. An ADU or JADU subject only to a building permit under Section 17.37.040(A) above may be created on a lot in a residential or mixed-use zone.
2. An ADU or JADU subject to an ADU permit under Section 17.37.040(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2 3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
B. Height.
1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in hRi (fia-laaf 127 4/10
maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling,whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.
5. For purposes of this subsection B, height is measured above existing legal grade to the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 3031 days. This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. An-ADUs created under this section on or that is permitted after January 1, 2020, but before January 1, 2025, is are not subject to any owner-occupancy requirement. the property must reside on the property as the person's legal domicile and permanent residence.
As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (G)(3) does not apply if the property is entirely owned by another government agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a building permitcertificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has ipA IT22rbf 127 5/10
eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the Director or his or her their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
I. Income Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.266330, the following requirements shall be satisfied:
1. With the building permit application, the applicant shall provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
2. Within 90 days after-January 1st of each year following each yearly anniversary_issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period,the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.
J. Building and Safety.
1. Must Comply with Building Code. Subject to subsection (J)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building Building official Official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (J)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
§ 17.37.060. Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under Section 17.37.040(B) above.
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
B. Setbacks.