Upland City Council
July 28, 2025

Finance Manager's Lien Schedule-Burrtec
Account# - •. - - 81rwner City OwniMMIEMotal Fee County fee Total 650 136702077 1261 W Coronado St 1006111200000 GODINEZ,FERNANDO RAMON 1261 CORONADO ST UPLAND CA 91786 _ 64.96 84.00 0.30 149.26 651 136711875 1547 N Mountain Ave 1006111010000 RASOOL,IMTIAZ&ASMA ZAHID LIV TR 25 W 17TH ST UPLAND CA 91784 103.54 84.00 0.30 187.84 652 136713951 1409 W 15th St 1006104110000 LI FAMILY TRUST 07/20/07 825 E 24TH ST UPLAND CA 91784 369.28 84.00 0.30 453.58 653 136716445 1401 W 15th St 1006104100000 GUTIERREZ,RIGO 112 S EUCLID AVE ONTARIO CA 91762 216.00 84.00 0.30 300.30 654 136702030 1537 N Lakewood Way 1006103030000 COLEMAN,BILLIE 1537 LAKEWOOD WAY UPLAND CA 91786 310.62 84.00 0.30 394.92 655 136702023 1527 Fairwood Way 1006102140000 GULARTE,JOSE A 1527 FAIRWOOD WAY UPLAND CA 91786 259.84 84.00 0.30 344.14 656 136716451 1591 N Glenwood Way 1006092350000 MEYER,DEBORAH 8266 N 1991 RD LEEDEY OK 73654 64.96 84.00 0.30 149.26 657 136715698 1577 N Lakewood Way 1006092180000 ALCAZAR,ERLIN FRANCISCO 1577 LAKEWOOD WAY UPLAND CA 91786 475.84 84.00 0.30 560.14 658 136701938 1386 W Aster St 1006091170000 BAGHERI,BEN 1386 W ASTER ST UPLAND CA 91786 259.84 84.00 0.30 344.14 659 136701934 1399 Cody Ct 1006091140000 LEACH,CHRISTINA KIM 1399 CODY CT UPLAND CA 91786 259.84 84.00 0.30 344.14 660 136714134 1537 Cantabria PI 1006083300000 ZALMAS,STEFANOS 1537 CANTABRIA PL UPLAND CA 91786 64.96 84.00 0.30 149.26 661 136714258 1505 Cantabria PI 1006083280000 YU,ZHANFENG 1505 CANTABRIA PL UPLAND CA 91786 259.84 84.00 0.30 344.14 662 136714144 1512 Johnson Ct 1006083180000 DENG,YINGAN 1512 JOHNSON CT UPLAND CA 91786 235.14 84.00 0.30 319.44 663 136714298 1523 Johnson Ct 1006083120000 ZHANG,NANA YIN 1523 JOHNSON CT UPLAND CA 91786 304.72 84.00 0.30 389.02 664 136701908 1590 W Foxdale Ct 1006081450000 VAN LUL,EDWARD A 1590 FOXDALE CT UPLAND CA 91786 44.88 84.00 0.30 129.18 665 136711042 1502 Cloverdale Ave 1006081220000 MONTOYA,CHRISTOPHER J 3260J ST SAN DIEGO CA 92102 430.32 84.00 0.30 514.62 666 136715735 1609 Mahogany Tree PI 1005504060000 ANDAYA,GABRIEL SANTOS 1609 MAHOGANY TREE PL UPLAND CA 91784 64.96 84.00 0.30 149.26 667 136715706 1757 Apricot Tree PI 1005503250000 LESIEUR,RALPH&DENISE FAM TR 07/21 1757 APRICOT TREE PL UPLAND CA 91784 162.00 84.00 0.30 246.30 668 136715625 1731 Beech Tree PI 1005503190000 ALEDIA,JOSEPH 1731 BEECH TREE PL UPLAND CA 91784 304.72 84.00 0.30 389.02 669 136715592 1683 Frankline PI 1005502150000 SMITH,JENNIFER MARIE 1683 FRANKLINE PL UPLAND CA 91784 304.72 84.00 0.30 389.02 670 136715597 1687 Frankline PI 1005502130000 CHI,PHIL HUE 1687 FRANKLINE PL UPLAND CA 91784 64.96 84.00 0.30 149.26 671 136715844 1700 Almond Tree PI 1005501870000 GONZALEZ,RAFAEL FUENTES 1700 ALMOND TREE PL UPLAND CA 91784 259.84 84.00 0.30 344.14 672 136715666 1730 Beech Tree PI 1005501790000 NGO,TONG 1730 BEECH TREE PL UPLAND CA 91784 64.96 84.00 0.30 149.26 673 136715866 1703 Almond Tree PI 1005501480000 WALIYAR,MOHAMMAD MASIH 1703 ALMOND TREE PL UPLAND CA 91784 64.96 84.00 0.30 149.26 674 136715570 1716 Amaranthus Tree P 1005501320000 CHAN,CHE LEUNG ERNNIE 1716 AMARANTHUS TREE PL UPLAND CA 91784 259.84 84.00 0.30 344.14 675 136715557 1632 Crepe Myrtle PI 1005501200000 SHOKRAEE,OMID 1632 CREPE MYRTLE PL UPLAND CA 91784 259.84 84.00 0.30 344.14 676 136715422 1633 Burlington PI 1005483530000 ENRIQUEZ,JOSHUA 1633 BURLINGTON PL UPLAND CA 91784 259.84 84.00 0.30 344.14 677 136714580 1633 Topeka PI 1005483160000 LEIVA,BRAYAN ARMANDO ACEITUNO 1633 TOPEKA PL UPLAND CA 91784 124.60 84.00 0.30 208.90 678 136715122 1918 Apple Tree PI 1005483030000 HAN,SAMUEL MOUNG 1918 APPLE TREE PL UPLAND CA 91784 259.84 84.00 0.30 344.14 679 136716379 1615 Shaw PI 1005482090000 ABRAMS,RACHEL K 1615 SHAW PL UPLAND CA 91784 259.84 84.00 0.30 344.14 680 136709895 1673 W Mammoth Dr 1005461270000 WENTZELL,ERIKJ 1673 W MAMMOTH DR UPLAND CA 91784 304.72 84.00 0.30 389.02 681 136710193 1648 W Mammoth Dr 1005461170000 SEBAI,MOHAMED B 1648 W MAMMOTH DR UPLAND CA 91784 259.84 84.00 0.30 344.14 682 136710026 1680 W Mammoth Dr 1005461130000 CALIFANO,SILVERIO 1680 W MAMMOTH DR UPLAND CA 91784 259.84 84.00 0.30 344.14 683 136723161 1697 N Rocky Rd 1005461040000 ORRANTE,JUSTIN 1697 N ROCKY RD UPLAND CA 91784 194.88 84.00 0.30 279.18 684 136710162 1757 W Andes Dr 1005452580000 CHANG,CHI HUNG IVAN 1757 W ANDES DR UPLAND CA 91784 259.84 84.00 0.30 344.14 685 136710161 1750 W Andes Dr 1005452060000 LIU ZHENG LIVING TRUST 1-28-12 728 ALAMOSA DR CLAREMONT CA 91711 193.68 84.00 0.30 277.98 686 136701881 1582 Mimosa Ct 1005441640000 BAIN,GARY G 1582 MIMOSA CT UPLAND CA 91784 207.68 84.00 0.30 291.98 687 136701877 1578 Mimosa Ct 1005441590000 HAN,CHANG AO 1578 MIMOSA CT UPLAND CA 91784 259.84 84.00 0.30 344.14 688 136712513 1635 N Wilson Ave 1005441060000 REIS,MARQUES TRUST 8/8/12 430 W WILSON AVE#102 GLENDALE CA 91203 539.76 84.00 0.30 624.06 689 136701835 1675 N Wilson Ave 1005431750000 MOLINA,ALEJANDRO 1675 N WILSON AVE UPLAND CA 91784 119.68 84.00 0.30 203.98 690 136725357 1672 Glenwood Ave 1005431600000 LI,FEI 20202 BARNARD AVE WALTNUT CA 91789 304.72 84.00 0.30 389.02 691 136779431 1400 Sullivan St 1005424320000 AUNG,MINTHURA 1716 N MAYWOOD AVE UPLAND CA 91784 76.18 84.00 0.30 160.48 692 136727094 1673 N Lakewood Ave 1005424220000 KING,ARTHUR A 2121 N SAN ANTONIO UPLAND CA 91784 76.18 84.00 0.30 160.48 693 136701760 1395 W 16th St 1005424030000 EATON,GRANT 1395 W 16TH ST UPLAND CA 91784 194.88 84.00 0.30 279.18 694 136701718 1604 N Maywood Ave 1005421010000 SILVA,CARLOS H SR 1604 MAYWOOD AVE UPLAND CA 91784 64.84 84.00 0.30 149.14 695 136714798 1643 N Erin Ave 1005393130000 JOHNSON,JASON L 1643 ERIN AVE UPLAND CA 91784 194.88 84.00 0.30 279.18 696 136725355 1672 Shamrock Ave 1005384140000 SHAMROCK TRUST 03/21/13 430 W WILSON AVE#102 GLENDALE CA 91203 238.06 84.00 0.30 322.36 697 136701623 1069 W Shannon St 1005381110000 JAMES,CHARLES T 1069 SHANNON ST UPLAND CA 91786 76.18 84.00 0.30 160.48 698 136701612 1104 W 17th St 1005381010000 MCDOWELL,SAGE MONTGOMERY 1104 W 17TH ST UPLAND CA 91784 304.72 84.00 0.30 389.02 699 136698177 985 Via Serana 1005373600000 ALLAS,DAVID 985 VIA SERANA UPLAND CA 91784 92.32 84.00 0.30 176.62 700 136698172 936 Via Serana 1005373510000 CHEN,YU-TAO 936 VIA SERANA UPLAND CA 91784 64.96 84.00 0.30 149.26 701 136698169 960 Via Serana 1005373480000 SMIRL,JAMES R LIVING TRUST 4/9/90 P 0 BOX 880 UPLAND CA 91785 64.96 84.00 0.30 149.26 702 136701578 1761 N Coolcrest Ave 1005361570000 PARKER,WILLIS B 1761 N COOLCREST AVE UPLAND CA 91784 259.84 84.00 0.30 344.14 703 136701517 1728 N Erin Ave 1005354050000 SMITH,MARC ALLEN 1728 ERIN AVE UPLAND CA 91784 216.00 84.00 0.30 300.30 704 136701480 1153 W Clark St 1005345050000 VELAZQUEZ,LEONARDO 1153 CLARK ST UPLAND CA 91786 414.16 84.00 0.30 498.46 705 136701391 1796 N Rosewood Way 1005321240000 KEETLE,ALEXANDER 1796 ROSEWOOD WAY UPLAND CA 91784 76.18 84.00 0.30 160.48 706 136701381 1798 N Wilson Ave 1005321120000 BACHA,CHERYL L 1798 WILSON AVE UPLAND CA 91784 304.72 84.00 0.30 389.02 707 136701380 1788 N Wilson Ave 1005321110000 NWUDA,DORIS E 1788 WILSON AVE UPLAND CA 91786 129.92 84.00 0.30 214.22 708 136710995 1780 N Wilson Ave 1005321090000 PRASHAD,MARK ANTHONY 1780 WILSON AVE UPLAND CA 91784 304.72 84.00 0.30 389.02

Finance Manager's Lien Schedule-Burrtec
Account# a ner-..ress '8)wner City Owner Zip 'tal Fee County fee Total 709 136713912 1766 N Wilson Ave 1005321070000 VILLARREAL,KATHLEEN N 1766 WILSON AVE UPLAND CA 91784 215.16 84.00 0.30 299.46 710 136701365 1381 Casey Ct 1005311190000 LEONG,BRENDA TRUST 10/18/12 1381 CASEY CT UPLAND CA 91784 259.84 84.00 0.30 344.14 711 136701342 1739 Orangewood Ave 1005301690000 MIKHAIL,SHARIF 1739 ORANGEWOOD AVE UPLAND CA 91786 259.84 84.00 0.30 344.14 712 136712700 1740 Orangewood Ave 1005301650000 GASPAR,REBECCA 1740 ORANGEWOOD AVE UPLAND CA 91784 414.16 84.00 0.30 498.46 713 136714837 1730 N Redwood Way 1005301250000 DURDEN FAMILY TRUST 2019 1730 REDWOOD WAY UPLAND CA 91784 259.84 84.00 0.30 344.14 714 136716461 1718 N Redwood Way 1005301220000 PORTER,CHRISTY SUE SEPARATE PROP TR 1718 REDWOOD WAY UPLAND CA 91784 259.84 84.00 0.30 344.14 715 136716460 1710 N Redwood Way 1005301200000 BUNCH,GREGORY D LIVING TRUST 9/14/2 1710 REDWOOD WAY UPLAND CA 91784 54.00 84.00 0.30 138.30 716 136782075 1795 N Wilson Ave 1005291650000 NAZIM,TEDDY&ANGELA N WILSON TR 3/ 430 W WILSON AVE#102 GLENDALE CA 91203 64.96 84.00 0.30 149.26 717 136724865 1753 Orangewood Ave 1005291460000 TORRES,MARIA D OCADIZ 1753 ORANGEWOOD AVE UPLAND CA 91784 64.96 84.00 0.30 149.26 718 136701284 1576 W Clark St 1005291440000 SHAH,SAJIDA 33920 LOUGHEED HWY MISSION BC CANADA 259.84 84.00 0.30 344.14 719 136716377 1855 N Millsweet Dr 1005221190000 SEE-PRATS,ROSALINA LIVING TR 10/11/ 6854 TOURMALINE DR EASTVALE CA 92880 259.84 84.00 0.30 344.14 720 136710086 1724 W Ponderosa Way 1005211310000 DENNO,MIKE 1724 PONDEROSA WAY UPLAND CA 91784 92.32 84.00 0.30 176.62 721 136723123 1832 N Millsweet Dr 1005211120000 LOPEZ,STELLA 1832 MILLSWEET DR UPLAND CA 91784 304.72 84.00 0.30 389.02 722 136716376 1824 N Millsweet Dr 1005211110000 LOGAN,ALDRIC D 1824 N MILLSWEET DR UPLAND CA 91784 304.72 84.00 0.30 389.02 723 136721957 1840 Vail Way 1005201380000 MCCORMICK,EAMONN J 1840 VAIL WAY UPLAND CA 91784 430.32 84.00 0.30 514.62 724 136701225 1532 W Sun River St 1005201190000 ANDRE,DAVID&CATHERINE FAM TRUST 1532 SUN RIVER ST UPLAND CA 91784 58.64 84.00 0.30 142.94 725 136714195 1569 W 18th St 1005201140000 EVANS,JEFFREY P 1569 2 18TH ST UPLAND CA 91784 304.72 84.00 0.30 389.02 726 136710487 1579 Resort St 1005191600000 SMITH,MICHELIN 1579 RESORT ST UPLAND CA 91784 511.04 84.00 0.30 595.34 727 136701199 1564 Resort St 1005191530000 VILLARREAL,GABRIEL 1564 RESORT ST UPLAND CA 91784 430.32 84.00 0.30 514.62 728 136714749 1584 W Buffington St 1005191380000 MARTINEZ,NEO 1584 W BUFFINGTON ST UPLAND CA 91784 304.72 84.00 0.30 389.02 729 136701159 1886 N Wilson Ave 1005181630000 CHACON,ARLENE Y 1886 WILSON AVE UPLAND CA 91784 85.29 84.00 0.30 169.59 730 136701075 1330 Auburn St 1005171110000 DE LA TRINIDAD,ROSANA REVOCABLE TR 1330 AUBURN ST UPLAND CA 91784 430.32 84.00 0.30 514.62 731 136701071 1805 N Palomino Ave 1005161520000 BROWN,JOYCE E REVOCABLE LIV TR 4/28 1805 PALOMINO AVE UPLAND CA 91784 216.00 84.00 0.30 300.30 732 136701054 1229 Camus Ct 1005161320000 RABARA,DANNY JR 1229 CAMUS CT UPLAND CA 91784 152.36 84.00 0.30 236.66 733 136716754 1864 N Kelly Ave 1005151620000 HENRY,JAMES C 1864 N KELLY AVE UPLAND CA 91784 259.84 84.00 0.30 344.14 734 136700999 1183 W Eileen Ct 1005151280000 BENJAMIN,STEVEN D 1183 EILEEN CT UPLAND CA 91784 184.76 84.00 0.30 269.06 735 136700980 1822 N Kelly Ave 1005151070000 BURGESS,ALLEN V 1822 KELLY AVE UPLAND CA 91784 304.72 84.00 0.30 389.02 736 136710080 1018 W Buffington St 1005142130000 SOTO,EUSEBIO 1018 W BUFFINGTON ST UPLAND CA 91784 259.84 84.00 0.30 344.14 737 136700972 1080 W Buffington St 1005142070000 GONZALEZ,SERGIO 1080 W BUFFINGTON ST UPLAND CA 91784 153.64 84.00 0.30 237.94 738 136700948 989 W 18th St 1005133450000 VAN HORN,PATRICK 989 W 18TH ST UPLAND CA 91784 276.96 84.00 0.30 361.26 739 136716752 1842 Mulberry Way 1005133380000 1842 MULBERRY WAY TRUST 2021 175 N INDIAN HILL#203 CLAREMONT CA 91711 369.28 84.00 0.30 453.58 740 136713764 1905 N Omalley Way 1005121670000 HERNANDEZ,ANDREW MARCEL SONNY 1905 N OMALLEY WAY UPLAND CA 91784 304.84 84.00 0.30 389.14 741 136715527 1903 N Coolcrest Way 1005121170000 SERRET,MARIA CECILIA 1903 COOLCREST WAY UPLAND CA 91784 64.96 84.00 0.30 149.26 742 136700861 1942 N Coolcrest Way 1005121090000 DAVIS,DAVID A REVOCABLE TRUST-EST 1942 COOLCREST WAY UPLAND CA 91784 259.84 84.00 0.30 344.14 743 136716707 1987 N Kelly Way 1005101370000 PEREZ,SUZANNE C 1987 N KELLY WAY UPLAND CA 91784 76.18 84.00 0.30 160.48 744 136700812 1243 Jacaranda PI 1005091240000 FAKHOURY,LARA 1243 JACARANDA PL UPLAND CA 91784 259.84 84.00 0.30 344.14 745 136716488 1981 N Shady Brook Way 1005081250000 MATHISEN,NANCY J 2010 REV TR 2/24/1 1981 SHADY BROOK WAY UPLAND CA 91784 76.18 84.00 0.30 160.48 746 136700731 1312 W Rockdale St 1005071250000 QUIROZ,LEOPOLDO 1312 ROCKDALE ST UPLAND CA 91784 64.96 84.00 0.30 149.26 747 136712632 1581 W Evergreen Dr 1005061290000 ZAHARIOUDAKIS,CONSTANTINO 1581 EVERGREEN DR UPLAND CA 91784 259.84 84.00 0.30 344.14 748 136700704 1535 Resort St 1005061240000 CIENFUEGOS,FRANCISCO J 1535 RESORT ST UPLAND CA 91784 369.28 84.00 0.30 453.58 749 136700630 2048 Birkdale Ave 1004331410000 PEREZ,VIRGINIA VAZQUEZ 2048 BIRKDALE AVE UPLAND CA 91784 304.72 84.00 0.30 389.02 750 136700535 2026 Sunnycreek Ct 1004311320000 AFLAKI,SHAHRAM 2026 SUNNYCREEK CT UPLAND CA 91784 259.84 84.00 0.30 344.14 751 136700514 1372 Willowbrook Ln 1004301920000 DEEHRING,CARISSA A 1372 WILLOWBROOK LN UPLAND CA 91784 64.96 84.00 0.30 149.26 752 136700491 1349 Brookside Ct 1004301550000 ASOLA,KIRAN 1349 BROOKSIDE CT UPLAND CA 91784 194.88 84.00 0.30 279.18 753 136700473 1226 Clearspring Dr 1004301280000 AQUINO,KEVIN GERARD 1226 CLEARSPRINGS DR UPLAND CA 91784 64.96 84.00 0.30 149.26 754 136711223 1229 Clearspring Dr 1004301180000 ROLLMAN,ANNA K 1229 CLEARSPRING DR UPLAND CA 91784 129.84 84.00 0.30 214.14 755 136700454 1248 Brookdale Dr 1004301060000 AM FONDARIO TRUST 3/4/20 1248 BROOKDALE DR UPLAND CA 91784 134.60 84.00 0.30 218.90 756 136713535 1262 Brookdale Dr 1004301040000 MC DONALD,MICHAEL 1262 BROOKDALE DR UPLAND CA 91784 64.96 84.00 0.30 149.26 757 136726107 1333 Cloverbrook Ln 1004291610000 CARRILLO,ROCHELLE ROBIN 1333 CLOVERBROOK LN UPLAND CA 91784 129.92 84.00 0.30 214.22 758 136711718 2082 Bridgewood Way 1004291520000 MUNOZ,RICHARD JR REV TR(6-19-07) 1852 PETERSON AVE SOUTH PASADENA CA 91030 259.84 84.00 0.30 344.14 759 136700411 2066 Stonebrook Ln 1004291130000 BROITMAN SURVIVORS TRUST DTD 1 2066 STONEBROOK LN UPLAND CA 91784 239.85 84.00 0.30 324.15 760 136700402 1175 Rae Ct 1004281530000 PETROCELLY,ANTHONY 1175 W RAE CT UPLAND CA 91786 194.88 84.00 0.30 279.18 761 136700385 1178 Rae Ct 1004281150000 KANI,REZA 1178 RAE CT UPLAND CA 91784 259.84 84.00 0.30 344.14 762 136700340 2077 N Omalley Way 1004271210000 FLORES,ANTHONY U JR 2077 OMALLEY WAY UPLAND CA 91784 304.72 84.00 0.30 389.02 763 136700269 925 W 20th St 1004261100000 MANCUSO,GIUSEPPE GIANNI 925 W 20TH ST UPLAND CA 91784 64.96 84.00 0.30 149.26 764 136700251 928 W 22nd St 1004253150000 HALLER,STEPHEN J 928 W 22ND ST UPLAND CA 91784 12.36 84.00 0.30 96.66 765 136700249 958 W 22nd St 1004253120000 CAVAZOS,VIVIAN 958 W 22ND ST UPLAND CA 91784 219.10 84.00 0.30 303.40 766 136700246 985 Deborah St 1004253080000 SMITH,DOUGLAS M&MICHEL,LUDIVINA 985 DEBORAH ST UPLAND CA 91784 163.08 84.00 0.30 247.38 767 136700236 937 W 21st St 1004252090000 MERESHIAN,ISAAC I 937 W 21ST ST UPLAND CA 91784 9.08 84.00 0.30 93.38

Finance Manager's Lien Schedule-Burrtec
Account It o-wner City OwniMounty fee Total 768 136779372 927 Jefferson St 1004251200000 PHAN,TAWNY V LIVING TRUST 12/21/07 5226 AGNES AVE TEMPLE CITY CA 91780 179.39 84.00 0.30 263.69 769 136716675 2120 N Kelly Ave 1004241530000 KHAN,NAZIA 2120 N KELLY AVE UPLAND CA 91784 38.54 84.00 0.30 122.84 770 136712582 2127 N Erin Ave 1004241460000 BENNETT,GEORGE W 2127 ERIN AVE UPLAND CA 91784 259.84 84.00 0.30 344.14 771 136716672 2102 N Mountain Ave 1004241050000 BRAEGER,ALFRED A SEP PROP TR 1/26/2 2345 HILLVIEW DR LAGUNA BEACH CA 92651 108.00 84.00 0.30 192.30 772 136700157 1151 Deborah St 1004231450000 HILL,MARK W 1151 DEBORAH ST UPLAND CA 91784 322.74 84.00 0.30 407.04 773 136700151 2157 N Kelly Ave 1004231380000 VIGIL,HAYDE Z 2157 N KELLY AVE UPLAND CA 91784 194.88 84.00 0.30 279.18 774 136698150 2170 Charmaine Dr 1004221340000 SADEGHIFARD,MASOUD 2170 CHARMAINE DR UPLAND CA 91786 28.92 84.00 0.30 113.22 775 136776057 2119 E Sunrise Cir 1004211740000 SCHULZ FAMILY TRUST 11/11/00 2119 SUNRISE CIR E UPLAND CA 91784 17.81 84.00 0.30 102.11 776 136698076 1413 Ashley PI 1004201640000 ROMERO,ALFREDO JR 1413 ASHLEY PL UPLAND CA 91784 304.72 84.00 0.30 389.02 777 136698044 2184 Paris Cir 1004201120000 LAWSON,JOANN 2184 PARIS CIR UPLAND CA 91784 259.84 84.00 0.30 344.14 778 136726254 1492 Carissa St 1004131370000 BOWERS,JON M 1492 CARISSA ST UPLAND CA 91784 304.72 84.00 0.30 389.02 779 136714979 2257 Poppy Ave 1004131180000 PRINCESSZES LLC 2257 POPPY AVE UPLAND CA 91784 259.84 84.00 0.30 344.14 780 136699983 1469 Marigold St 1004131050000 GRANT,CHRISTOPHER B 1469 MARIGOLD ST UPLAND CA 91784 129.92 84.00 0.30 214.22 781 136715448 1341 Pansy Ave 1004123340000 ZHOU,LISHENG 1341 PANSY AVE UPLAND CA 91784 304.72 84.00 0.30 389.02 782 136712585 1322 Fuchsia St 1004123170000 WANG,JIANXIN 1322 FUCHSIA ST UPLAND CA 91784 54.00 84.00 0.30 138.30 783 136699911 2214 Alyssum Ave 1004122010000 HENRY,LORRAINE S 2214 ALYSSUM AVE UPLAND CA 91786 304.72 84.00 0.30 389.02 784 136699890 2273 Wisteria Ave 1004111400000 TENERELLI,LAURA 2273 WISTERIA AVE UPLAND CA 91786 259.84 84.00 0.30 344.14 785 136716542 2279 Wisteria Ave 1004111390000 AIDOO,EMMANUEL B 2279 WISTERIA UPLAND CA 91786 259.84 84.00 0.30 344.14 786 136710105 2265 Lobelia Ave 1004111240000 RAMIREZ,MARIA R 2265 LOBELIA AVE UPLAND CA 91784 369.28 84.00 0.30 453.58 787 136714012 2288 Jasmine Ave 1004111130000 FERNANDO,SHEHANI MAREENI 2288 JASMINE AVE UPLAND CA 91784 64.96 84.00 0.30 149.26 788 136713907 1241 Oak St 1004104410000 XW MANAGEMENT LLC 744 E MIRAMAR AVE CLAREMONT CA 91711 64.96 84.00 0.30 149.26 789 136699852 2252 Verbena Ave 1004104310000 YANEZ,FRANK A 2252 VERBENA AVE UPLAND CA 91784 299.06 84.00 0.30 383.36 790 136699790 1191 W 22nd St 1004091530000 RIVAS,JUAN CARLOS 1191 W 22ND ST UPLAND CA 91784 29.92 84.00 0.30 114.22 791 136699757 1176 Shane Ct 1004091210000 CORREA,JOSE S 1176 SHANE CT UPLAND CA 91784 304.72 84.00 0.30 389.02 792 136724435 2212 Danube Way 1004081530000 PORRETTA LIVING TRUST 9/2/92 2212 DANUBE WAY UPLAND CA 91786 64.96 84.00 0.30 149.26 793 136699647 932 Emerson St 1004071210000 KAMYAB,JAFAR 932 W EMERSON ST UPLAND CA 91784 109.90 84.00 0.30 194.20 794 136727070 1261 Granada St 1004061670000 PANG,HUBERT&CONNIE REV TR 7/29/0 8418 GARVEY AVE#303 ROSEMEAD CA 91770 76.18 84.00 0.30 160.48 795 136699621 1233 Granada St 1004061630000 DANG,DUC M 1233 GRANADA ST UPLAND CA 91784 369.28 84.00 0.30 453.58 796 136711779 1217 Granada St 1004061600000 FUENTES,AIDA J 1217 GRANADA ST UPLAND CA 91784 152.36 84.00 0.30 236.66 797 136714340 1236 Granada St 1004061550000 STANLEY I KIM M C PROFIT SHARI 421 E 25TH ST UPLAND CA 91784 39.46 84.00 0.30 123.76 798 136699610 1304 Granada St 1004061470000 ANDREWS,COPELAND&ELIZABETH LIVING 1304 GRANADA ST UPLAND CA 91784 259.84 84.00 0.30 344.14 799 136727177 1293 Mallorca St 1004061170000 HUANG,SUN-SHYONG 6731 N VISTA ST SAN GABRIEL CA 91775 76.18 84.00 0.30 160.48 800 136715243 1234 Mallorca St 1004061040000 CHIN,CHUN-TSUNG 19125 STEVENS#B SEATTLE WA 98144 261.80 84.00 0.30 346.10 801 136698014 1264 Chestnut St 1004051170000 HARTE,KYLE 1264 CHESTNUT ST UPLAND CA 91784 259.84 84.00 0.30 344.14 802 136699381 1808 Eastgate Ave 0202411300000 CORBETT,CHANDLER D 1808 EASTGATE AVE UPLAND CA 91784 107.58 84.00 0.30 191.88 803 136710960 1614 Cabarita Ct 0202014050000 WILSON,KLYDE W&RITA R FAM TR 8/6/ 1614 CABARITA CT UPLAND CA 91784 107.58 84.00 0.30 191.88 GRAND TOT - 181,871.15 67,452.00I 240.90 249,564.05

�4c�°v °p`q� cITFUPLAND
cr. �. c /2
"The City of Gracious Living"
�lrFOR� `/
DATE: July 28,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO,HOUSING MANAGER

JULIE HERNANDEZ,WEED ABATEMENT COORDINATOR
SUBJECT: CONSIDER APPROVING THE 2025 WEED ABATEMENT INFRACTION LOG AND

AUTHORIZE ABATEMENT OF THE PUBLIC NUISANCE
RECOMMENDED ACTION:

It is recommended that the City Council approve the Weed Abatement Program Infraction Log and authorize staff to abate the public nuisance.

GOAL STATEMENT
The proposed action supports the City's goal to promote and enhance the quality of life in Upland by removing the potential for any fire or safety hazards or public nuisance that may exist from weed growth and combustible debris accumulations on private and public property.

BACKGROUND
On February 10, 2025, the City Council adopted Resolution No. 6821 declaring unmaintained weeds, grasses and vegetation,dead or dying and combustible debris a public nuisance,as well as a fire hazard posing a danger to persons and parcels within the City. The Weed Abatement Program is intended to protect the health, safety, and welfare of the community,and to minimize fire hazards.

ISSUES AND ANALYSIS
City Council authorized staff to initiate an inspection program to identify private properties in violation of the City's Municipal Code (Section 8.12.020, Maintenance of property—Nuisances). Inspections were conducted from mid- February 2025 through June 2025. The Weed Abatement Program was implemented in the following way:

Courtesy Notices
Upland implements a weed abatement program that highly encourages voluntary compliance. The first courtesy notice is issued to the property owner informing them of the City's intent to start property inspections.This notice is sent to the property owner by U.S.Postal Services along with their water bill. If the property owner has registered to receive their water bill using the City's electronic bill pay system,they will have also received an email notice. There were 22,488 Courtesy Notices sent out initially.

The second courtesy notice is issued to those parcels that have been inspected by the City's Weed Abatement Coordinator and found to be out of compliance with the City municipal code. A letter is sent to the property owner via U.S. Postal Service. The property owner has 15 days to comply before the property is reinspected by the Weed Abatement Coordinator. There were 768 notices sent to property owners after the initial inspection.

Notice to Comply
A Notice to Comply is issued to those properties that have not complied after two courtesy notices have been sent.

The property owner is assessed an administrative fee of$115 and given 15 days to bring their property into compliance.

After the 15-days,the parcel is reinspected by the Weed Abatement Coordinator for compliance. Those parcels that fail to comply are then placed on a 2025 Weed Abatement Program Infraction Log. The notice of public hearing was posted on the City's website and published in the Inland Valley Daily Bulletin ten(10)days prior to the City Council Meeting. A public hearing is held before the City Council to approve the Weed Abatement Infraction Log and authorize staff to abate the public nuisance. There were 278 Notice to Comply's sent to property owners.

Notice to Abate
A Notice to Abate is issued when several attempts have been made to urge the property owner to voluntarily comply with the City's Municipal Code. Before a Notice to Abate can be issued,the City must publish a public notice and a public hearing before the City Council must be conducted. The purpose of the public hearing is to request City Council's authority to approve the Weed Abatement Program Infraction Log. Property owners who wish to appeal their Notice to Abate may do so before City Council by submitting a public comment card prior to the start of the public hearing.

For 2025, 39 parcels have been placed on the infraction log. Once approved, city staff will obtain written consent from the property owner or obtain an administrative warrant to abate the property.Abatement will be completed using competitively procured landscape service providers. All fees and costs for removing the public nuisance(s)from the affected property will be charged to the property owner.

Warrants
Pursuant to Section 8.12.20 of the Upland Municipal Code(entitled Service of Order to Abate)it is necessary for the City to either obtain the property owner's written permission or an administrative warrant to complete an abatement on private property. In those instances where written permission is not provided by owner,an administrative abatement warrant will be obtained by the City.

Warrants will be posted 24 hours before the city and a landscape contractor arrive at the location to remedy the violation. Any costs(e.g.,cost to secure warrant,staff time,landscape contractor services,administrative fee or fines) accrued by the City to address this issue will be charged to the owner as a special assessment on the property tax roll.

Should the owner complete the abatement work within the posted 24 hours, then costs to abate the property will be waived and the owner will be charged certain administrative costs for obtaining the warrant,scheduling the landscape contractor,travel time to the location,staff cost,etc.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt. The action only concerns the commencement of the City's Weed Abatement Program, which is intended to protect the health, safety, and welfare of the community, and to minimize fire hazards by inspecting all parcels within the city limits and notifying the property owners of their responsibility of maintaining their property free of weeds and rubbish.

FISCAL IMPACTS
Any fees collected by the Weed Abatement Program will be returned to the Program to partially offset administrative costs.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

2025 WEED ABATEMENT PROGRAM - INFRACTION LOG
The parcels listed below have been inspected and found to be in violation of the City's Municipal Code Section 8.12.180, entitled Weed and Rubbish Abatement. Property owners wishing to file an appeal may do so at the July 28, 2025 City Council meeting. Those wishing to address the City Council must file a public comment card with the City Clerk prior to the beginning of the meeting.

ADDRESS CITY APN

1. 1252E 7TH ST Upland 104718102

2. 1372 BOWEN ST Upland 104650148

3. 152 N 12TH AVE Upland 104653108

4. 319 S 3RD AVE Upland 104707317

5. 671 RAYMOND ST Upland 104709126

6. 584 N 8TH AVE Upland 104621211

7. 874 10TH AVE Upland 104611408

8. 1021 MESA CT Upland 104611109

9. 367 E 11TH ST Upland 104608127

10. 268 E G ST Upland 104626309

11. 442 N 2ND AVE Upland 104638304

12. 524 E ARROW Upland 104642166

13. 820 W FOOTHILL BLVD Upland 104601103

14. 306 VERDUGO WAY Upland 104703120

15. 365 VINE AVE Upland 104703107

16. 790 W 8TH ST Upland 104702429

17. 662 N LAUREL AVE Upland 104628301

18. 2224 N 1ST AVE Upland 104322114

19. 171 FERN AVE Upland 104661126

20. 609 JUNIPER AVE Upland 100720103

21. 827 W 11TH ST Upland 104601213

22. 2134 N 1ST AVE Upland 104333108

23. 2025 2ND AVE Upland 104350116

24. 1739 ORANGEWOOD AVE Upland 100530169

25. 950 MONTE VISTA AVE Upland 100702111

26. 886 N 1ST Upland 104606130

27. 896 ALTURA WAY Upland 104601126

28. 2003 PALM AVE Upland 104353118

29. 2244 LAUREL Upland 104324122

30. 275 E FOOTHILL Upland 104555104

31. 1377 N 5TH Upland 104538105
32 .1364 WINN DR Upland 100722404

33. 1374 WINN DR Upland 100722403

34. 200 E 13TH Upland 104554217

35. 1081 N 5TH Upland 104552412

36. 572 E WEST ST Upland 104552205

37. 1837 W ELEVENTH ST Upland 100707103

38. 1780 W FOOTHILL BLVD Upland 100709101

39. 221 S 3RD Upland 104706316

°� Up` CITFUPLAND
Uti"I;
, �. "The City of Gracious Living"
DATE: July 28, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

MELECIO PICAZO, ECONOMIC DEVELOPMENT COORDINATOR
SUBJECT: CONSIDER A RESOLUTION APPROVING THE SALE OF REAL PROPERTY LOCATED ON THE EAST SIDE OF GROVE AVE APPROXIMATELY 490 FEET NORTH OF FOOTHILL BLVD APN: 0207-462-02
RECOMMENDED ACTION:

It is recommended that the City Council hold a public hearing and adopt a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions("PSA") for the sale of certain City-owned exempt real property to Fore Green Development, LLC, and finding the same categorically exempt from California Environmental Quality Act(CEQA) pursuant to CEQA Guidelines Sections 15312, 15206(b)(4), 15060(c)(2), and 15378(b).

GOAL STATEMENT
The proposed action supports the City's goalto comply with the State's Surplus Land Act,Government Code Sections 54220 et seq.for the purpose of disposing of City-owned surplus land.

BACKGROUND
The City of Upland owns in fee simple interest in certain real property located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard("Property"). The Property is triangular-shaped and approximately 1,400 square feet in area(As s es s or Parcel Number 0207-462-02).

On December 11, 2023, the City Council approved Resolution No. 6755 declaring the Property as exempt surplus land pursuant to the Surplus Land Act and not necessary for the City's use.This finding allows the City to proceed with the process for disposition of the Property to the adjacent property owner to the east of the subject property at 8148 Red Hill Country Club Drive, Rancho Cucamonga, California.

On January 11, 2024, the City received official notice from the California Department of Housing and Community Development (HCD) that the Property qualifies as exempt surplus land and that the City is permitted to proceed with the sale of the Property to the adjacent property owner.

On January 24, 2025, Fore Green Development submitted a letter of intent to the City to purchase the triangular- shaped Property. The developer has approval from the City of Rancho Cucamonga to construct a mixed-us e development with 308 apartment units within 4 buildings and 14,704 square feet of commercial/retail uses on the

9.15-acre site(Old Strawberry Field) adjacent to the City's property. The developer is planning to construct a second driveway approach on the east side of Grove Avenue to connect with a drive aisle that provides rear access along the development. Fore Green Development has agreed to cover the costs of the City's third-party legal service fees for the preparation of the PSA up to$7,500.

A Covenant Agreement has been included in the PSA relating to the developer's improvements which include a"pork chop"style traffic curb and signage indicating "No Right Turns"at the proposed exit point over the subject Property along Grove Avenue within the right of way. The City of Upland staff will be included in the review and approval of the intended design for the improvements on the Property,including infrastructure plan and traffic circulation.

ISSUES AND ANALYSIS
The sale,or transfer,of City-owned land is governed by the State Surplus Land Act which provides that the legislative body must make a finding that the public interest and convenance require the sale of public land and adopt a resolution giving notice of its intention to sell such property.

On June 23,2025, the City Council approved its Resolution of Public Interest and Convenience,Resolution No.6838, to set the public hearing and consider the sale of the parcel to Fore Green Development, LLC. The City Council set the public hearing for July 28, 2025, for consideration of the PSA, and to hear protests on the same, in accordance with Government Code Section 37421. Such protest hearing was duly noticed in accordance with the State law noting requirements (Government Code Section 37422). If either no protests are received or the legislative body overrules the protest(s)by a four-fifths vote of its members, the City Council may proceed to approve the PSA and commence the sale of the subject property(Government Code Section 37425).

The proposed Resolution would approve the PSA and follow the protest hearing requirements as required by Government Code Sections 37420 et seq.The Resolution states the effective date of the PSA occurs upon approval by the City Council, since the California Department of Housing and Community Development has signed off that the deal is consistent with the Surplus Land Act,a requirement under State law for the site. The Resolution also provides the City Manager,in consultation with the City Attorney,the authority to make minor edits to the PSA to effectuate the intent of the parties.

Staff recommends that, after completing the public hearing and passing the Resolution (by four-fifths vote on any protest to the proposed disposition,if necessary),the City Council approve the PSA.

ENVIRONMENTAL DETERMINATION
There are no anticipated environmental impacts from the approval of this resolution.This resolution is exempt from CEQA pursuant to State CEQA Guidelines Section 15312 because approval of the PSA involves the sale of surplus government property not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). Under the terms of the PSA, the agreement does not commit the developer to a particular project or commit the City to granting any approval. The City's approval of the PSA does not constitute approvalby the City of any development of the Property or of other activity on the Property that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA (See 14 C.C.R. Section 15060(c)(2); 15378(b)). Moreover, Developer's future use or development of the Property is expressly conditioned on CEQA compliance.

FISCAL IMPACTS
The City shall receive $30,000 for sale of the subject property.The proceeds will be deposited in the General Fund Sale of Capital Assets Account No. 1010000-4901.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determine to be Exempt.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, APPROVING A PURCHASE AND

SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS

FOR THE SALE OF CERTAIN CITY OWNED REAL PROPERTY
(APN: 0207-462-02) TO FORE GREEN DEVELOPMENT, LLC,

AND FINDING THE SAME CATEGORICALLY EXEMPT FROM

CEQA REVIEW
WHEREAS, the City of Upland ("City") currently owns in fee that certain real property, triangular in shape, measuring approximately 1,400 square feet in area, with Assessor Parcel Number: 0207-462-02 and located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard in Upland, California, more specifically described within Attachment A ("Site"); and WHEREAS, on December 11, 2023, the City adopted Resolution No. 6755 declaring the Site as exempt surplus land pursuant to Government Code section 542219 (f)(1)(B) and not necessary for the City's use; and WHEREAS, the City desires to sell the Site by entering into a Purchase and Sale Agreement ("PSA") with Fore Green Development, LLC, a Nevada Limited Liability Corporation, ("Purchaser"); and
WHEREAS, California Government Code Section 54220, et seq. (the "Surplus Land Act") requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers and public agencies with jurisdiction over the site, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of City finds that the public interest and convenience require the sale of public buildings and sites, it may adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, on January 24, 2025, Fore Green Development, LLC, submitted a letter of intent to the City to purchase the Site who is proposing to develop a mixed- use development with 308 apartment units within 4 buildings and 14,704 square feet of commercial/retail uses on a 9.15-acre site. The Purchaser is seeking to buy the

Resolution No.

triangular-shaped Site to construct a drive approach and the beginning of a rear drive aisle off the east side of Grove Avenue; and
WHEREAS, the City has received approval from the Department of Housing and Community Development ("HCD"), responsible for enforcing the Surplus Land Act, to proceed with the proposed sale of the Site to Fore Green Development LLC; and
WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Site was presented to the City's Planning Commission ("Planning Commission") on February 26, 2025. At that meeting, the Planning Commission adopted Resolution No. 5023 finding that the disposition of the City-owned surplus property located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard, from City to Purchaser, is in conformity with the City's General Plan; and
WHEREAS, in accordance with applicable state law, on June 23, 2025 the City adopted a Resolution declaring its intent to dispose of and convey the Site pursuant to the terms of a negotiated PSA, fixed a time for the hearing of any protests to the disposition of the Site for July 28, 2025, and published notice of said hearing, and fixed the time for final action on the disposition of the Site and approval of the PSA; and
WHEREAS, the Resolution of Public Interest and Convenience, Resolution No. 6838, approved on June 23, 2025 evidenced City initiation of the sale process of the Site to Fore Green Development, LLC, in compliance with the Surplus Land Act, and all that remains is finalizing the necessary approvals associated with that disposition process, including the July 28, 2025 protest hearing; and WHEREAS, the Purchase Price for the Site is Thirty Thousand Dollars ($30,000), which funds are to be deposited by the City into the General Fund; and WHEREAS, the City, having heard any protests at a public hearing, now desires to approve the execution of the PSA; and
WHEREAS, the City Council's consideration of this Resolution does not qualify as a "project" under CEQA and does not require environmental review pursuant to CEQA for the reasons described herein.

NOW THEREFORE, the City Council of the City of Upland does hereby resolve, find, determine, and order as follows:

Section 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.

Section 2. CEQA FINDINGS. This resolution is exempt from CEQA pursuant to State CEQA Guidelines Section 15312 because approval of the PSA involves the sale of surplus government property not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). Under the terms of the PSA, the agreement does not commit the developer to a particular project or commit the City

Resolution No.

to granting any discretionary approval. The City's approval of the PSA does not constitute approval by the City of any development of the Site or of other activity on the Site that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA (See 14 C.C.R. Section 15060(c)(2); 15378(b)). Moreover, Developer's future use or development of the Site is expressly conditioned on CEQA compliance.

Section 3. PUBLIC CONVENIENCE AND NECESSITY FINDINGS. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Site. The factors demonstrating that the public convenience and necessity authorize the sale of the Site include but are not limited to the following: the Site is not suitable for the City's use, and/or is no longer needed by the City, and/or is in excess of its foreseeable needs. Developing the Site for a higher use with quality mixed-use development will revitalize an underutilized property and create jobs in the area. Further, it will alleviate conditions of economic and physical blight in the City, and potentially create an increase in property taxes by virtue of rising values, all of which benefit the health, safety, and welfare of the City.

Section 4. APPROVAL. The City Council approves the PSA (attached as Attachment "B") with an effective date of July 28, 2025, since the California Department of Housing and Community Development ("HCD") informed the City that it complied with its obligations under the Surplus Land Act consistent with state law, and with respect to the Site to be sold. The City Council authorizes the City Manager or designee, in consultation with the City Attorney, to take all necessary actions to effectuate the execution of the PSA after that time and make any minor revisions to the documents necessary to effectuate the intent of the parties. The City Manager is directed to perform the obligations of the City under the PSA.

Section 5. HEARING. As required by California Government Code Section 37423, a duly noticed public hearing was held by the City on July 28, 2025, and the City Council approved the sale (if protests were received, by four-fifths vote of its members pursuant to Government Code Section 37425).

Section 6. NOTICE OF EXEMPTION. The City Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a Notice of Exemption within five working days of the approval of this Resolution.

Section 7. CUSTODIAN OF DOCUMENTS. The custodian of documents constituting the record of proceedings for this matter is the City Clerk's Office. The documents constituting the record of proceedings for this matter are located at City Hall at 460 N. Euclid Avenue, Upland, California 91786.

Section 8. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 9. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have

Resolution No.

adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 10. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 28th day of July, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of July, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Resolution No.

ATTACHMENT "A"

DESCRIPTION OF PROPERTY
City-owned triangular parcel totaling 1,400 square feet located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard in Upland, California with Assessor Parcel Number 0207-462-02.
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Resolution No.

ATTACHMENT "B"

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is made and entered into as of June 19) , 2025 for reference purposes only, by and between the City of Upland, a California municipal corporation ("Seller"), and Fore Green Development, LLC, a Nevada limited liability company ("Buyer").

The date upon which both Buyer and Seller have executed this Agreement and delivered the same to one another, shall hereinafter be referred to as the"Effective Date".

IN CONSIDERATION of the respective agreements hereinafter set forth, Seller and Buyer hereby agree as follows:

1. Purchase and Sale of Property.
(a) Terms of Sale. Seller hereby agrees to sell and convey to Buyer,and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the following(collectively, the "Property"):
(i) Land. That certain real property consisting of approximately 1,400 square feet located along Grove Avenue, in the City of Upland, County of San Bernardino, State of California, commonly referred to as Assessor's Parcel Number 0207-462-02, all as more fully described in Exhibit A (the "Land"), together with all rights, privileges, easements or appurtenances to or affecting the Land(collectively, the "Appurtenances"). (ii) Intangible Personal Property. All of Seller's right,title and interest, if any,.without warranty, in all intangible personal property related to the Property and any improvements, including, without limitation, all to the extent assignable: the plans and specifications and other architectural and engineering drawings for the improvements, if any; warranties, if any; contract rights related to the construction, operation or management of the Property,if any(collectively,the"Service Contracts") (but Seller's right,title and interest therein shall only be assigned to the extent Seller's obligations thereunder are expressly assumed by Buyer pursuant to this Agreement); and governmental permits, approvals and licenses, if any (collectively,the"Intangible Personal Property").
(b) Entitlements. Except as may be set forth in this Agreement, Buyer acknowledges that nothing in this Agreement is or shall be construed as Seller making any commitment regarding the granting of any entitlements for any development and/or use of the Property nor shall it be construed as controlling or limiting Seller's exercise of discretion in in its regulatory capacity as it relates to the same.
(c) Surplus Land. Seller has declared this Property as "exempt surplus land." (d) Covenant Agreement, Seller and Buyer acknowledge that it is their intention to enter into a covenant agreement to provide for certain traffic conditions in the public right-of-way on the Property to be executed and recorded immediately following Closing ("Covenant Agreement"). Prior to the expiration of the Feasibility Period(as defined in Section 4(b) below), Seller and Buyer will agree on the scope of the Covenant Agreement and other N:liManagelRecent1(46708.00701)UPLAND_CITY OF-GROVE AVENUE SALE\Upland_Fore Property-PSA for Grove Ave Sale V.6(a)(43 821225.1).docx
4

relevant terms to be included in the Covenant Agreement pursuant to the form attached hereto as Exhibit F. Seller shall be responsible for preparing such Covenant Agreement. Buyer shall construct said improvements contemplated by the Covenant Agreement at its sole cost and expense. The parties agree to cooperate as reasonably necessary to effect approval of the Covenant Agreement and Reimbursement Agreement. Both Parties agree to use diligent, good faith efforts to complete said documentation and effect recordation of the Covenant Agreement immediately prior to the Closing (as defined in Section 3 below). The critical terms to be included in the Covenant Agreement relate to certain traffic signage and Seller approval of certain mutually agreeable infrastructure plans relating specifically to the Property prior to Buyer's submission to any agency having jurisdiction, including but not limited to the City of Rancho Cucamonga.

Specifically, the Covenant Agreement shall include terms providing for approval by Seller's Development Services Department of Buyer's infrastructure plans and certain traffic circulation obligations applicable to Buyer's development of the Property. These plans shall include a"pork chop"style traffic curb and signage indicating"NO RIGHT TURNS"at the exit point along Grove Avenue within City's right-of-way (as further depicted in Exhibit 2 to the Covenant Agreement).

Buyer intends to seek Seller's approval of its intended design for the Property, including the infrastructure plans set forth in the above paragraph prior to Closing. If Buyer provides Seller with its infrastructure plans and traffic circle obligations for the Property prior to the Closing, Seller shall have thirty (30) days to approve or disapprove of Buyer's intended design for the Property. If Seller fails to provide any feedback or objections to Buyer's intended design for the Property within such 30-day period, Seller shall be deemed to have disapproved Buyer's intended design for the Property. In the event Buyer's intended design is disapproved (or deemed disapproved), the parties agree to meet and confer on a revised infrastructure plan, consistent with the paragraph above. To the extent an executed Covenant Agreement is a condition of closing, closing may be extended by the parties in writing, as needed, to give effect to this Section 1(d), (e) Reimbursement Agreement. Buyer shall be responsible for reimbursing Seller's third party legal fees up to and no more than $7,500, pursuant to the agreement attached hereto as Exhibit G("Reimbursement Agreement").
2, Purchase Price.
(a) The purchase price for the Property ("Purchase Price") shall be Thirty Thousand Dollars ($30,000.00).
(b) The Purchase Price shall be paid as follows:
(i) Within three (3) business days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith("Escrow") at Commonwealth Land Title Company("Escrow Holder"), and Buyer shall deposit into Escrow the amount of Two Thousand Five Hundred Dollars ($2,500.00) ("Initial Deposit") in cash or other immediately available funds,
(ii) The Initial Deposit shall be held by Escrow Holder in an interest- bearing account for the benefit of Buyer in accordance with this Agreement. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Initial Deposit (the 2

"Independent Consideration")shall not be refundable to Buyer,but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within 3 days of the Effective Date. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer's right to satisfy and approve all of Buyer's conditions herein contained. (iii) Within three (3) business days following the expiration of the Feasibility Period, and if this Agreement is not earlier terminated,Buyer shall deposit into Escrow the additional amount of Two Thousand Five Hundred Dollars ($2,500.00) (the "Second Deposit"). Together, the First and Second Deposit shall be referred to as the"Deposits.' (iv) The Deposits (less the Independent Consideration) are referred to herein from time to time as the "Earnest Money." The Earnest Money shall be held by Escrow Holder in an interest-bearing account for the benefit of Buyer in accordance with this Agreement. (v) If the Closing (as defined in Section 3 below) as contemplated hereunder should occur,then the Earnest Money will be paid by the Escrow Holder to Seller at the Closing, and the Earnest Money and any interest accrued thereon will be credited against the Purchase Price payable by Buyer to Seller at the Closing. (vi) If this Agreement is not terminated prior to the expiration of the Feasibility Period, the Earnest Money and any interest accrued thereon shall become nonrefundable to Buyer, except that if this Agreement is terminated prior to the Closing due to; (a) Seller's default; (b)there is a condemnation of all or part of the Property; or(c) the failure of any of the Conditions Precedent (as defined in Section 7 below) or as expressly set forth herein, then the Earnest Money together with any interest accrued thereon shall be returned to Buyer. (vii) On or before the Closing, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow cash or other immediately available funds in the amount of the balance of the Purchase Price, less any credits due Buyer hereunder (the "Closing Amount"). The Closing Amount shall be applied towards the Purchase Price at the Closing.

3. Title to the Property. At the Closing, Seller shall cause to be conveyed to Buyer fee simple title to the Property by a duly executed and acknowledged grant deed substantially in the form attached hereto as Exhibit B and incorporated herein by this reference(the"Deed"). As used in this Agreement, Closing (the "Closing") shall be deemed to occur upon the recording of the Deed. Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner's policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided below (the "Title Policy"). Buyer shall be responsible for any and all costs associated with obtaining title insurance, including the cost of preparing any ALTA survey. The Title Policy shall provide full coverage against mechanics' and materialmen's liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer's approval of any title exceptions (the "Endorsements"). Within five (5) business days following the opening of Escrow, Seller shall order the issuance of a preliminary title report with respect to the Property, together with legible copies of all underlying documents referenced therein and a map containing a plotting of 3

all easements capable of being plotted (collectively, the "Preliminary Report"), to be prepared by the Escrow Holder and delivered to Buyer, at Buyer's sole cost and expense. No later than sixty (60) days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves ("Buyer's Disapproval Notice"). Failure of Buyer to notify Seller of Buyer's disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, and whether or not objected to by Buyer, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, mechanic's and materialmen's liens, tax liens for delinquent taxes,and other monetary liens and encumbrances(collectively,"Disapproved Liens") shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) business days after receipt of Buyer's Disapproval Notice whether it elects to remove such other items disapproved by Buyer. If by the expiration of the Feasibility Period, there remain exceptions to title which have not been modified to the satisfaction of Buyer and/or agreed to be removed by Seller prior to Closing, then Buyer may elect to do either of the following by the expiration of the Feasibility Period: (i) accept such exceptions and proceed to take title to the Property subject to such exception(s); or(ii)this Agreement may be terminated in accordance with Section 4(b). In the event Buyer elects to terminate this Agreement pursuant to this Section 3,neither party shall have any further obligations to the other hereunder(except under provisions of this Agreement which specifically state that they survive termination).

4. Feasibility.
(a) From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall afford authorized representatives of Buyer access to the Property, upon reasonable prior notice to Seller, and so long as such access does not unreasonably interfere with the conduct of business on or use of the Property, for purposes of conducting such physical inspections and investigations of the Property as Buyer deems necessary (the "Inspections").

Seller's representative may be present with Buyer or Buyer's representative for any access to the Property. The Inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property and the systems serving the Property; (iii) a review of the soil, seismic, and environmental condition of the Property, including a Phase I environmental site assessment and any proposal regarding a Phase II environmental site assessment. Buyer agrees not to conduct or cause to be conducted a Phase II environmental site assessment without the prior written consent of Seller. Buyer's Inspections and investigations shall be governed by Section 14. (b) As used herein, the term ("Feasibility Period") shall refer to a period of time to expire at 5:00 p.m., California time, on the ninetieth (90th) calendar day following the Effective Date; provided, however, that if the 90th day is a Saturday, Sunday or holiday on which banking institutions are closed in the State of California, then the Feasibility Period shall expire on the following business day. Buyer may elect,by written notice to Seller at any time on or prior to the expiration of the Feasibility Period, to terminate this Agreement, which election shall be in Buyer's sole and absolute discretion. If Buyer desires to terminate this Agreement pursuant to this Section 4(b)then on or before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of Buyer's election to terminate (the "Buyer's Notice to Terminate"). If Buyer desires to proceed with the purchase of the Property subject to the remaining conditions set forth in this Agreement, then on or before the expiration of the Feasibility Period, Buyer shall deliver 4

written notice to Seller of such election to proceed (the"Buyer's Notice to Proceed"), electing to waive Buyer's right of termination pursuant to this Section 4(b) and proceed with the Closing subject to the remaining conditions set forth in this Agreement. If Buyer fails to deliver either Buyer's Notice to Terminate or Buyer's Notice to Proceed to Seller on or prior to the expiration of the Feasibility Period,then Buyer shall be deemed to have elected to proceed with this Agreement and the Closing. In the event of the termination of this Agreement pursuant to this Section 4(b), neither party shall have any further obligations to the other hereunder(except under provisions of this Agreement which specifically state that they survive termination). (c) In the event Buyer elects to terminate this Agreement pursuant to Section 4(b), or if Closing does not occur for any reason, Buyer shall return all Seller's Deliveries (as defined in Section 5 below)(if any)to Seller. Buyer further agrees that prior to Closing, Buyer shall provide Seller with copies of all studies,reports,appraisals and other materials commissioned by or prepared for Buyer relating to or regarding the Property("Buyer's Reports"), at no cost to Seller(provided, however, in no event shall Buyer be required to deliver to Seller any privileged, confidential or proprietary materials). Buyer makes no representation whatsoever about the content, accuracy, completeness or value of any of Buyer's Reports. All Buyer's Reports will be provided to Seller without warranty from Buyer regarding the accuracy or completeness of the information contained therein, and such documents may or may not be assignable to Seller. The delivery of such reports and studies shall be subject to the proprietary rights of any engineer or other consultant preparing the same and any limitations on use imposed by them. Seller assumes all risk of reviewing and understanding any and all information contained in Buyer's Reports. (d) If Buyer elects to terminate the Agreement on or prior to expiration of the Feasibility Period,the Initial Deposit shall be refunded to Buyer and Escrow Holder shall promptly deliver the same to Buyer.

5. Seller's Deliveries. Within five (5) business days following the Effective Date, Seller shall deliver to Buyer, whether electronically or otherwise, the materials described on Exhibit E, which shall contain copies of documents in Seller's possession or control, or to which Seller has access (collectively, the "Seller's Deliveries"). Except as may be set forth in this Agreement, Seller makes no representation whatsoever about the content, accuracy, completeness or value of any of Seller's Deliveries. Except as may be set forth in this Agreement, all Seller's Deliveries will be provided to Buyer without warranty from Seller regarding the accuracy or completeness of the information contained therein, and such documents may or may not be assignable to Buyer. The delivery of such reports and studies shall be subject to the proprietary rights of any engineer or other consultant preparing the same and any limitations on use imposed by them. Buyer assumes all risk of reviewing and understanding any and all information contained in Seller's Deliveries. Seller shall deliver a Natural Hazards Disclosure Report with Seller's Deliveries.

6. Conditions to Seller's Obligations. Seller's obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Seller and may be waived by Seller in writing in Seller's sole and absolute discretion:
(a) Buyer shall not be in default under this Agreement. 5

(b) Each representation and warranty made in this Agreement by Buyer shall be true and correct in all material respects at the time as of which the same is made and as of Closing.
(c) Buyer shall obtain all necessary entitlements and/or permits from the City of Upland,including but not limited to applicable encroachment permits for the intended driveway approach located within the City of Upland.
(d) Buyer's execution of the Covenant Agreement in the form attached hereto as Exhibit F; and
(e) Buyer's execution of the Reimbursement Agreement in the form attached hereto as Exhibit G.

7. Conditions Precedent to Closing. The following are conditions precedent to Buyer's obligation to purchase the Property (the "Conditions Precedent"). The Conditions Precedent are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer's sole and absolute discretion. In the event any Condition Precedent is not satisfied, j Buyer may, in its sole and absolute discretion, terminate this Agreement, subject to the provisions of Section 8.
(a) Buyer's inspection, review and approval, within the Feasibility Period, of all of the following:
(i) The physical characteristics and condition of the Property(including without Iimitation the condition of the soils); and
(ii) Seller's Deliveries.
(b) Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved,by Buyer as provided in Section 3 above. (c) Seller shall have complied with all of Seller's duties and obligations contained in this Agreement and all of Seller's representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of Closing.
(d) Seller shall deliver the Property at Closing free and clear of all tenants, occupants, licensees and leasehold encumbrances unless previously agreed to by Buyer in writing.

Seller will provide commercially reasonable tenant estoppels, if applicable. (e) Seller shall not be in default under this Agreement. (f) Each representation and warranty made in this Agreement by Seller shall be true and correct in all material respects at the time as of which the same is made and as of Closing. 6

(g) Seller's execution of the Covenant Agreement in the form attached hereto as Exhibit F;
(h) Seller's execution of the Reimbursement Agreement in the form attached hereto as Exhibit G; and
(i) During the term of this Agreement, except to the extent required by law or otherwise, Seller has not executed or voluntarily created any easement, right-of-way, covenant, condition, restriction, encumbrance or exception with respect to the Property, entered into any public improvement or other agreement with respect to the Property,or initiated any zoning change or sought other governmental approval with respect to the Property, or made any commitment to any governmental authority or any other person or entity, which would in any manner be binding upon Buyer or adversely interfere with Buyer's ability to develop and improve the Property that would extend beyond the Closing, without Buyer's prior written consent in each instance.

8. Default and Default Remedies.
(a) Seller's Remedies upon Buyer Default, UPON A DEFAULT OR

BREACH OF THIS AGREEMENT BY BUYER, INCLUDING BUT NOT LIMITED TO

BUYER'S FAILURE TO CONSUMMATE THE SALE OF THE PROPERTY PURSUANT TO

THIS AGREEMENT,AND BUYER'S FAILURE TO CURE SUCH DEFAULT WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM SELLER, THE

DEPOSITS AND ALL BUYER'S REPORTS, SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL

DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR

INITIALS BELOW, THE PARTIES S ACKNOWLEDGE THAT THE EARNEST MONEY AND

BUYER'S REPORTS HAVE BEEN AGREED UPON, AFTER NEGOTIATION, AS THE

PARTIES'REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S SOLE

AND EXCLUSIVE REMEDY AGAINST BUYER,AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. UPON THE

OCCURRENCE OF ANY SUCH UNCURED DEFAULT BY BUYER, BUYER SHALL DELIVER WITHIN 2 BUSINESS DAYS OF SELLER'S REQUEST ALL BUYER'S REPORTS

AND APPROPRIATE DOCUMENTS ASSIGNING SAME TO SELLER, TO THE EXTENT ASSIGNABLE. SELLER HEREBY WAIVES ANY AND ALL BENEFITS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3389. FURTHERMORE, THE PAYMENT

AND RETENTION OF SUCH EARNEST MONEY AS LIQUIDATED DAMAGES IS NOT

INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED TO CONSTITUTE

LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. UPON BUYER'S UNCURED DEFAULT, SELLER MAY

INSTRUCT ESCROW HOLDER TO CANCEL THE ESCROW, AND PROMPTLY UPON RECEIPT OF SAID INSTRUCTIONS, ESCROW HOLDER SHALL (i) CANCEL THE ESCROW, (ii)PAY ALL OF ESCROW HOLDER'S CHARGES FROM THE EARNEST MONEY,AND (iii)DISBURSE TO SELLER THE EARNEST MONEY PURSUANT TO THIS SECTION 8,
7

INITIALS: Seller Buyer
(b) Buyer's Remedies Upon Seller's Defaul . UPON A DEFAULT OR

BREACH OF THIS AGREEMENT BY SELLER,AND SELLER'S FAILURE TO CURE SUCH DEFAULT WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF WRITTEN NOTICE

FROM BUYER, BUYER MAY, AS BUYER'S SOLE AND EXCLUSIVE REMEDIES ELECT

TO EITHER (A) TERMINATE THIS AGREEMENT BY WRITTEN NOTICE TO SELLER

AND ESCROW HOLDER, OR (B) PURSUE ANY OTHER AVAILABLE LEGAL OR EQUITABLE REMEDY,INCLUDING SPECIFIC PERFORMANCE. UPON TERMINATION

OF THIS AGREEMENT BY BUYER PURSUANT TO THIS SUBSECTION, ESCROW

HOLDER SHALL CANCEL THE ESCROW AND PROMPTLY DELIVER TO BUYER THE DEPOSITS AND ANY OTHER FUNDS DEPOSITED BY BUYER INTO ESCROW. BUYER

SHALL ALSO RECEIVE AS DAMAGES FROM SELLER ALL REASONABLE, ACTUAL

AND DOCUMENTED OUT-OF-POCKET EXPENSES INVOLVED IN NEGOTIATING AND

PERFORMING THIS AGREEMENT AND PREPARING FOR THE DEVELOPMENT OF THE

PROPERTY INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS' FEES,

ENGINEERING FEES, CONSULTANTS' FEES, SURVEY EXPENSES, FINANCING FEES,

ARCHITECT'S AND ENGINEERING FEES AND COSTS, AND OTHER EXPENSES

INCURRED IN THE REVIEW OF THE PROPERTY IN AN MOUNT NOT TO EXCEED $30,000.00.

INITIALS: Seller Buyer

9. Escrow; Closing, Prorations.
(a) Upon mutual execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Escrow Holder and this Agreement shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. Seller and Buyer shall execute such supplemental Escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement, provided such supplemental Escrow instructions are not in conflict with this Agreement as it may be amended in writing from time to time. In the event of any conflict between the provisions of this Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of this Agreement shall control. (b) Except as otherwise extended by mutual written agreement of both Buyer and Seller, the Closing shall take place on the later of (i) the date that is twelve (12) months following the expiration of the Feasibility Period; or (2) simultaneously with the neighboring parcels that compromise the Buyer's related development project. For purposes of this Agreement the neighboring parcels are commonly known as San Bernardino County Assessor's Parcel Numbers 0207-011-35,0207-011-36,0207-011-41, 0207-011-43, 0207-011-44 and 0207-011-45. (c) At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the following:
(i) the duly executed and acknowledged Grant Deed for the Property; (ii) a duly executed affidavit that Seller is not a"foreign person"within the meaning of Section 1445(0(3) of the Internal Revenue Code of 1986, as amended, and the 8

regulations thereunder,in the form attached as Exhibit D and incorporated herein by this reference together with a duly executed non-foreign person affidavit and evidence that Seller is exempt from the withholding obligations imposed by California Revenue and Taxation Code Sections 18805, 18815, and 26131;
(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Seller have been duly authorized and executed on behalf of Seller and constitute valid and binding obligations of Seller.
(iv) any other documents which the Escrow Holder may reasonably require from Seller in order to close Escrow which do not increase Seller's liability or obligations hereunder;
(v) a closing statement in form and content satisfactory to Buyer and Seller(the "Closing Statement") duly executed by Seller; (vi) A California Franchise Tax Board Form 593-C to satisfy the requirements of California Revenue and Taxation Code Section 18662, duly executed by Seller; (vii) A Preliminary Change of Ownership Report; and
(viii) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
(d) At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following:
(i) the Closing Statement, duly executed by Buyer; (ii) the Closing Amount; and
(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
(e) Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. (f) The following are to be paid by Buyer or Seller or apportioned as of Closing, as follows:
(i} General real property taxes for the year in which Closing occurs. (ii) Except as otherwise set forth in this Agreement, costs and expenses of Escrow incurred in this transaction shall be paid by Buyer. (iii) The provisions of this Subparagraph(f) shall survive the Closing. 9

10. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represent and warrants to Buyer as follows:
(a) Organization. Seller is duly organized, validly existing and in good standing under the laws of the State of California. This Agreement and all documents executed by Seller which are to be delivered to Buyer at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, are and at the time of Closing will be legal, valid and binding obligations of Seller enforceable against Seller in accordance with their respective terms, do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Seller is subject, and do not violate the provisions of any agreement which Seller is a party or which affects the Property. Seller has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby,
(b) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against Seller,nor are any such proceedings contemplated by Seller. (c) No Representations as to Property. Except as set forth in this Agreement and the documents to be executed by the parties at Closing, there are no representations, agreements, arrangements, or circumstances, oral or written, between the parties relating to the subject matter contained in this Agreement that are not fully expressed in the Agreement, and Seller has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the Property, including but not limited to its fitness for a particular use, its physical condition or any other matter.
(d) No Ongoing Operations. There are no ongoing operations at the Property and there are no assessments, property operating expenses, utilities and other recurring costs relating to the Property.
(e) Violations. To Seller's knowledge, Seller has not received any formal or informal notice from any governmental authority alleging that any condition on the Property is or has been in violation of any health, building, zoning, flood, or other federal, state, or local law, code, ordinance or regulation, and Seller has no actual knowledge of any such condition. (f) Sale Agreements. Other than this Agreement,there exist no other executory agreements or options to sell the Property or any portion of the Property; and Seller agrees that during the term of this Agreement, Seller shall not enter into, negotiate, seek, market or accept backup offers to sell the Property.
(g) Leases. Seller has not entered into any oral or written leases, licenses, or other agreements that allows any third party any right to possess or use the Property, and Seller has no actual knowledge of any adverse possession or prescriptive easement claim with respect to the Property or other leases, licenses, or other agreements allowing any third party any right to possess or use the Property.
(h) Litigation. Seller has not received notice of any pending litigation, arbitration, administrative proceeding, condemnation action or other legal or governmental action to

with respect to the use, ownership or possession of the Property nor has it received notice of any claims by third parties for personal injury or property damage occurring on the Property prior to Closing and during Seller's ownership thereof,or based upon breach of any contract by Seller with respect to the Property.
(i) Encumbrances. There are no encumbrances on the Property except as identified by the Preliminary Report. If any judgment lien, mechanic's lien or other involuntary lien attaches to the Property after the date of the Preliminary Report (except for liens, etc. arising from Buyer's activities)due to any act by Seller,then Seller, at Seller's sole cost and expense,shall pay or satisfy such lien so as to remove any cloud on title caused thereby, within thirty(30) days after such lien attaches(but sooner if necessary so that Seller's title shall in any event be clear prior to the time for Closing hereunder and prior to any sale or foreclosure of such lien). (j) Sale"AS-IS". Subject to Seller's representations and warranties contained herein and the documents to be executed by the parties at Closing,Buyer's election to purchase the Property will be based upon and will constitute evidence of Buyer's independent investigation of the Property, its use, development potential and suitability for Buyer's intended use, including (without limitation) the following: the feasibility of developing the Property for the purposes intended by Buyer and the conditions of approval for any subdivision map;the size and dimensions of the Property; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the Property; any surface, soil, subsoil, fill or other physical conditions of or affecting the Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the Property; the existence of governmental laws, statutes,rules,regulations,ordinances,limitations,restrictions or requirements concerning the use, density, location or suitability.of the Property for any existing or proposed development thereof including but not limited to zoning,building, subdivision,environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, parcel or subdivision maps and public reports,requirements of any improvement agreements; requirements of the California Subdivision Map Act, and any other governmental permits, approvals or acts (collectively"Permits"); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the Property; and all of the matters concerning the condition,use, development or sale of the Property, Seller will not be liable for any loss, damage, injury or claim to any person or property arising from or caused by the development of the Property by Buyer.

Except with respect to a default by Seller hereunder(including a breach of Seller's warranties, representations and covenants and Seller's fraud, gross negligence or willful misconduct), Buyer at Closing expressly waives its rights granted under California Civil Code Section 1542,which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
i1

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT

WITH THE DEBT '
Buyer's Initials: Seller's Initials:

11. Representations,Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller as follows:
(a) Buyer is a limited liability company duly organized, validly existing and in good standing under the laws of Nevada and qualified to do business in California. This Agreement and all documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject. Buyer has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. (b) Buyer warrants that Buyer is a sophisticated owner and buyer of real property,familiar and experienced with requirements for the development of real property. Buyer has examined the Property or will have done so by Closing, is or will be familiar with its physical condition, and, subject to the representations and warranties set forth in this Agreement and the documents to be signed at Closing, accepts the Property in an "AS-IS" condition. (c) Buyer has conducted or will conduct an independent investigation with respect to zoning and subdivision laws, ordinances, resolutions, and regulations of all governmental authorities having jurisdiction over the Property, and the use and improvement of the Property and is, or at Closing will be, satisfied with the results of such investigation.

12. Environmental Matters/Release. As used in this Agreement, "Hazardous Materials" includes petroleum, asbestos, radioactive materials or substances defined as "`hazardous substances,""hazardous materials"or"toxic substances"(or words of similar import) in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.

Section 6901, et seq.), and under the applicable laws of California. Buyer must rely on its own investigation and not on any representation by Seller regarding Hazardous Materials. Buyer shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Buyer's independent expert(s)in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by Seller or any employee or agent of Seller. Seller makes no representations regarding Hazardous Materials in, on or under the Property. Seller's knowledge and disclosures regarding Hazardous Materials are limited to the contents of Seller's Deliveries.

Accordingly, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past present, or future presence of Hazardous Materials on, under or about the 12

Property or with respect to any past,present or future violations of any rules, regulations or laws, now or hereinafter enacted, regulating or governing use, handling, storage or disposable of Hazardous Materials, including, without limitation (i) any and all remedies Buyer may now or hereafter have under the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), as amended, and any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as amended and any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA(42 U.S. C.A. § 9607).

BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW.
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."

BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE F EGOING WAIVERS AND RELEASES.
(Buy 's Initials)

13. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement,the Deed and the Closing and shall not be deemed to be merged into or waived by the instruments executed at Closing.

14. Indemnity.

Buyer agrees to indemnify Seller and the Property against, and to hold and save Seller and the Property harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to attorneys' fees and court costs, as a result of Buyer's Inspections; provided,however,that Buyer will not be obligated to indemnify Seller with respect to Seller's own negligence. Notwithstanding the foregoing, Buyer shall have no responsibility or liability for: (a) losses directly arising from the act or omission of Seller; (b) any adverse condition or defect on or affecting the Property which is merely discovered by Buyer or its employees, agents,contractors or subcontractors during their inspections,except to the extent created, aggravated or exacerbated by Buyer or its employees, agents, contractors or 13

subcontractors (c) the pre-existing presence and/or discovery of any hazardous materials, except to the extent created, aggravated or exacerbated by Buyer or its agents, employees, contractors or subcontractors, and (d) the results or findings of any tests. The foregoing indemnity shall survive termination of this Agreement. Buyer shall not suffer or permit any mechanic's or materialmen's or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of Buyer in connection with or as a result of any Inspections. If any such lien shall be filed against the Property, Buyer shall cause such lien to be discharged or bonded within thirty (30) days after such filing. Following any Inspections, Buyer shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by Seller, or its agents or employees). Prior to any entry on the Property,Buyer or its consultant shall at its sole cost obtain a policy of liability insurance with a combined single limit in an amount not less than One Million Dollars ($1,000,000); Seller shall each be named an additional insured on said policy; and Buyer or its consultants shall furnish to Seller a certificate of insurance confirming such coverage.

15. Condemnation.
(a) In the event a governmental entity commences condemnation, eminent domain or similar proceedings to take any portion of the Property after the date hereof and prior to the Closing, then Buyer shall have the option to terminate this Agreement by written notice to Seller within ten (10) business days after Buyer first learns of such commencement. In the event of any such termination, the Earnest Money, together with all interest, shall be returned to Buyer.

Buyer and Seller shall each be liable for one-half of any escrow fees or charges, and neither party shall have any further liability or obligation under this Agreement. (b) In the event a governmental entity commences condemnation, eminent domain or similar proceedings to take any part of the Property after the date hereof and prior to the Closing and this Agreement is not terminated pursuant to Section 15(a), then the Closing shall occur as scheduled notwithstanding such proceeding; provided, however, that Seller's interest in all awards arising out of such proceedings shall be assigned to Buyer as of the Closing or credited to Buyer if previously received by Seller. Seller's obligations pursuant to this Section 15(b) shall survive the Closing.

16. Possession. Possession of the Property shall be delivered to Buyer at Closing free of any occupant, tenant, or licensee, as well as free of any personal or other property not being conveyed to Buyer as provided hereunder.

17. Seller's Cooperation with Buyer. Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, at no additional cost to Seller, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.

18. Brokers and Finders. Buyer and Seller both represent and warrant to one and other that neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale 14

contemplated herein. In the event that any such broker or finder claims a commission or finder's fee based upon any contact, dealings or communication, the party through whom the broker or finder makes its claim shall be responsible for said commission or fee and all costs and expenses (including,without limitation, reasonable attorneys' fees) incurred by the other party in defending against the same. The party through whom any such other broker or finder makes a claim shall hold harmless, indemnify and defend the other party hereto, its successors and assigns, agents, employees, officers and directors, and the Property from and against any and all obligations, liabilities, claims, demands, liens, encumbrances and losses (including, without limitation, attorneys' fees),arising out of, based on, or incurred as a result of such claim. The provisions of this Section 18 shall survive the Closing or termination of this Agreement.

19. Professional Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with the prosecution or defense of said action. In addition, the prevailing party shall be entitled to recover any actual accounting, engineering or other professional fees reasonably incurred in said action or proceeding.

20. Publicity and Confidentiality. Buyer acknowledges that Seller is a public entity and that this fully executed Agreement shall be a matter of public record and available to the public under the Public Records Act. Notwithstanding the foregoing, to the extent permitted by law, Buyer and Seller agree to not make any public announcements regarding the Property prior to Closing.

21. Miscellaneous.
(a) Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i)hand delivery, (ii) one business day after being deposited with Federal Express or another reliable overnight courier service for next day delivery, (iii)upon email transmission (except that if the date of such transmission is not a business day or if such transmission is made after 5:00 p.m. on a business day, then such notice shall be deemed to be given on the first business day following such transmission), or (iv)two business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or such other address as either party may from time to time specify in writing to the other in accordance herewith):

If to Seller: City of Upland
460 North Euclid Avenue
Upland, California 91786
Attention: Development Services Director
Phone: 909-931-4148
Email: [email protected]
15

With a copy to: Best Best& Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Jessica K. Lomakin, Esq.

Phone: 909-989-6643
Email:[email protected]
If to Buyer: Fore Green Development, LLC
Attn: Jonathan Fore and Jonathan Cornelius
1741 Village Center Circle
Las Vegas,Nevada 89134
Phone: 702-562-6050
Email [email protected]
Email: [email protected]
With a copy to: Goold Patterson
Attn: Kelly J. Brinkman, Esq.
1975 Village Center Circle, Suite 140
Las Vegas,Nevada 89134
Phone: 702-436-2600
Email: kbrinkman(a,gooldpatterson.com
To Escrow Holder: Commonwealth Land Title Company
Attn: Barbara Laffer
601 S. Figueroa Ave., Suite 4000
Los Angeles, California 90017
Phone: 213-330-3032
Email: [email protected]
(b) Successors and Assigns. Buyer shall have the right to assign this Agreement to any entity controlling, controlled by or under common control with Buyer without Seller's consent or approval, and otherwise Buyer shall have the right to assign this Agreement to any entity subject to SeIler's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Any such assignee shall assume all obligations of Buyer hereunder; however, Buyer shall remain liable for all obligations hereunder. Seller shall have the right to assign this Agreement upon written notice to Buyer. Except as otherwise permitted by this paragraph, neither this Agreement nor the rights of either party hereunder may be assigned by either party. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns. (c) Amendments. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.
(d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
16

(e) Construction. Headings at the beginning of each Section and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to Sections and subparagraphs are to this Agreement.
(f) No Joint Venture. This Agreement shall not create a partnership or joint venture relationship between Buyer and Seller.
(g) Section 1031 Exchange. Seller and Buyer acknowledge and agree that the purchase and sale of the Property may be part of a tax-free exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, for Buyer. Each party hereby agrees to take all reasonable steps on or before Closing to facilitate such exchange if requested by Buyer, provided that(i) Seller shall not be required to acquire any substitute property, (ii) such exchange shall not affect the representations, warranties, liabilities and obligations of the parties to each other under this Agreement, (iii) Seller shall not incur any additional cost, expense or liability in connection with such exchange (other than expenses of reviewing and executing documents required in connection with such exchange), and (iv)no dates in this Agreement will be extended as a result thereof Notwithstanding anything to the contrary contained in the foregoing, if Buyer so elects to close the acquisition of the Property as an exchange, then (A) Buyer, at its sole option, may delegate its obligations to acquire the Property under this Agreement, and may assign its rights to receive the Property from Seller,to an Intermediary or to an exchange accommodation titleholder, as the case may be; (B) such delegation and assignment shall in no way reduce, modify or otherwise affect the obligations of Buyer pursuant to this Agreement; (C) Buyer shall remain fully liable for its obligations under this Agreement as if such delegation and assignment shall not have taken place; (D) Intermediary or exchange accommodation titleholder, as the case may be, shall have no liability to Seller; and (E) the closing of the acquisition of the Property by Buyer or the exchange accommodation titleholder, as the case may be, shall be undertaken by direct deed from Seller (or, if applicable, from other affiliates of Seller whom Seller will cause to execute such deeds)to Buyer (or to exchange accommodation titleholder, as the case may be). (h) Merger of Prior Agreements. This Agreement and the exhibits attached hereto or referenced herein constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof, including without limitation, any letters of intent previously executed or submitted by either or both of the parties hereto, which shall be of no further force or effect upon execution of this Agreement.
(i) Time of the Essence. Time is of the essence of this Agreement. As used in this Agreement, a"business day" shall mean a day which is not a Saturday, Sunday or recognized federal or state holiday. If the last date for performance by either party under this Agreement occurs on a day which is not a business day, than the last date for such performance shall be extended to the next occurring business day.
(j) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be 17

invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (k) Further Assurances. Each of the parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties.
(1) Exhibits. All exhibits attached hereto and/or referred to herein are incorporated herein as though set forth at length.
(m) Captions. The captions appearing at the commencement of the sections and paragraphs hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section and paragraph and not such caption shall control and govern in the construction of this Agreement. (n) No Obligation To Third Parties. Execution and delivery of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than each other. (o) Waiver. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. (p) Interpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly,any rule of law(including California Civil Code § 1654 and any successor statute)or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. (q) Counterparts/Facsimile/.PDF Signatures. This Agreement may be executed in counterparts and when so executed by the parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon Buyer and Seller, notwithstanding that Buyer and Seller may not be signatories to the same counterpart or counterparts. The parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures,and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
[signatures on next page]
18

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last written below.

SELLER:

CITY OF UPLAND, a California municipal
corporation
By:

Michael Blay
City Manager
Date: June , 2025
ATTEST:

Keri Johnson, City Clerk
Approved as to Form
Best Best & Krieger LLP
mad
Ica K. Lo n
Special Counsel to City of Upland
Date: June 2, 2025
BUYER:

FORE GREEN DEVELOPMENT, LLC,
a Nevada limited liability company
By:

Na : JO I1Q ►>n VO If-e,
Its: VIce, WI%i '
Date: June 12) , 2025
19

EXHIBIT A

LEGAL DESCRIPTION
That certain real property consisting of approximately 1,400 square feet located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard, in the City of Upland, County of San Bernardino, State of California. Commonly referred to as Assessor Parcel Number 0207- 462-02.
•
•

EXHIBIT B

FORM OF DEED

RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO,AND
MAIL TAX STATEMENTS TO:
[buyer address or attorney]
A.P.N.: (Space Above Line for Recorder's Use Only) The Undersigned Grantor(s)Declare(s):

DOCUMENTARY TRANSFER TAX$ ;CITY TRANSFER TAX$ ;SURVEY MONUMENT FEE$ [ computed on the consideration or full value of property conveyed,OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ ] City of Upland,and

GRANT DEED
FOR VALUE RECEIVED, CITY OF UPLAND, a California municipal corporation ("Grantor"), grants to , a ("Grantee"), all that certain real property situated in the County of San Bernardino, State of California, described on Schedule I attached hereto and by this reference incorporated herein (the "Property"); together with all of Grantor's right,title and interest in(a) all improvements owned by Grantor and located on the Property and all fixtures contained in any such improvements, and (b) Grantor's right,title and interest in any easements, rights-of-way, appurtenances, and other real property interests to the extent exclusively appurtenant to the Property.

IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of , 2025.

GRANTOR:

CITY OF UPLAND, a California municipal
corporation
By; EXHIBIT FORM—DO NOT EXECUTE
Michael Blay
City Manager

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
2

EXHIBIT C

RESERVED

EXHIBIT D

TRANSFEROR'S CERTIFICATION OF NON-FOREIGN STATUS
This form is provided so that Seller can certify compliance with the Foreign Investment in Real Property Tax Act to the Escrow Agent and/or Buyer. Buyer("Transferee")must retain a copy of this document until after the fifth taxable year following the transfer.

Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person, For U.S. tax purposes (including section 1445), the owner of a disregarded entity(which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform Transferee that withholding of tax is not required upon the disposition of aU.S.real property interest,the undersigned hereby certifies the following on behalf of City of Upland, a California municipal corporation("Transferor"):

1. The Transferor is not a foreign corporation,foreign partnership, foreign trust,foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder).

2. The Transferor is not a disregarded entity as defined in Income Tax Regulation Section 1.1445-2(b)(2)(iii).

3. The Transferor's U.S. employer or tax identification number is

4. The Transferor's office address is 460 North Euclid Avenue Upland, California 91786,
The Transferor understands that this Certification maybe disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalties of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.

Date: , 2025 TRANSFEROR:

CITY OF UPLAND, a California municipal
corporation
By: EXHIBIT FORM—DO NOT EXECUTE
Michael Blay
City Manager

EXHIBIT E

SELLER DELIVERIES

1. Letter from HCD Approving Property as Exempt Surplus Land(dated January 11, 2023)

2. City of Upland Resolution No. 6755 Declaring Property Exempt Surplus Land(dated December 11, 2023)

3. City of Upland General Plan

EXHIBIT F

FORM COVENANT AGREEMENT
RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

City of Upland
460 North Euclid Avenue
Upland, California 91786
Attention: City Clerk
APN: 0207-462-02

RESTRICTIVE COVENANT AGREEMENT
THIS RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is executed by CITY OF UPLAND., a California municipal corporation ("Seller"), this day of June, 2025, and Fore Green Development,LLC, a Nevada limited liability company("Buyer")with reference to the following facts:

BACKGROUND
A. Seller is the owner in fee simple of that certain real property generally known as Assessor's Parcel Number 0207-462-02 located in the City of Upland, San Bernardino County, California as more particularly described on Exhibit 1 attached hereto and incorporated herein for all purposes (the "Property").

B. Prior to the recordation of this Agreement, Buyer and Seller have entered into a Purchase and Sale Agreement("Purchase Agreement")for the Property.

C. As a condition of the Purchase Agreement, and as a material inducement to Seller's agreement to sell the Property to Buyer, Buyer and Seller have agreed to enter into this Agreement providing for certain conditions on Buyer's development of the Property that will remain within the City's right-of-way as expressly set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Buyer and Seller hereby agree as follows:

AGREEMENT

1. Buyer's development of the Property shall include a"pork chop" style traffic curb and signage indicating "NO RIGHT TURNS" at the proposed exit point along Grove Avenue

1 within City's right-of-way as depicted in Exhibit 2. Buyer shall be responsible for constructing, including obtaining all permits and other approvals necessary to construct, said improvements within City's right-of-way at its sole cost and expense.

2. To the extent not already approved by Seller prior to the Closing under the Purchase Agreement, Buyer shall provide Seller with 30 days to review and approve its intended design for the Property, including its revised infrastructure plan and the traffic circulation obligations under Section 1 above, prior to Buyer's submission of said plans for approval to any agency having jurisdiction over the land use entitlements or other permits necessary for development of the project, including the City of Rancho Cucamonga. If Seller fails to provide any feedback or objections to Buyer's intended design for the Property within such 30-day period, Seller shall be deemed to have disapproved Buyer's intended design for the Property. In the event Buyer's intended design is disapproved (or deemed disapproved), the parties agree to meet and confer on a revised infrastructure plan, consistent with the paragraph above.

3. The terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, lessees and assigns of the respective parties and their successors and successors in interest.All deeds of trust,mortgages, and other financing instruments from time to time encumbering the Property recorded after this Agreement, shall be junior and subordinate to these covenants and agreements contained in this Agreement.

4. This Agreement shall be recorded in the real property records of the Clerk and Recorder for San Bernardino County, California, and shall serve as notice to and shall be binding upon and inure to the benefit of, as applicable, Buyer, Seller and the successive owners of the Property.

5. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law.

6. Except as otherwise expressly provided herein, the provisions of this Agreement are intended to be solely for the benefit of the parties hereto, and the execution and delivery of this Agreement shall not (a) be deemed to confer any rights upon, nor obligate any of the parties hereunder, to any person or entity other than the parties to this Agreement, and/or (b) affect the parties' rights and obligations with respect to third parties generally. Nothing contained in this Agreement shall be deemed to be a dedication of any portion of the Property to the general public or for any public purpose.

7. If any term,provision or condition contained in this Agreement shall,to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision or condition to persons or circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected, and each and every other term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent possible permitted by law.

8. If either party defaults in the performance of any of its obligations under this Agreement, the non-defaulting party shall be entitled to all rights and remedies at law or in equity including,without limitation, injunctive relief.

9. Should either party employ attorneys to enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to collect from the other party, in addition to any other amounts awarded to such prevailing party, all reasonable costs, charges and expenses, including attorney's fees and costs expended or incurred in connection therewith, including those attorney fees and costs incurred executing upon or appealing any judgment.

10. All notices, demands and requests which may be given or which are required to be given by either party to the other by this Agreement, shall be in writing and shall be deemed effective either{a) on the date personally delivered to the address below, as evidenced by written receipt therefore, whether or not actually received by the person to whom addressed, (b) on the third(3rd)business day after being sent,by U.S. certified or express mail,return receipt requested, addressed to the intended recipient at the address specified below, or(c) on the first(1st)business day after being deposited into the custody of a nationally recognized overnight delivery service such as Federal Express Corporation, addressed to such party at the address specified below. For purposes of this Section 10, the addresses of the parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed).

If to Seller City of Upland
460 North Euclid Avenue
Upland, California 91786
Attention: Development Services Director
Phone: 909-931-4148
With a copy to: Best Best&Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Jessica K. Lomakin, Esq.

Phone: 909-989-6643
If to Buyer: Fore Green Development, LLC
Attn: Jonathan Fore and Jonathan Cornelius
1741 Village Center Circle
Las Vegas,Nevada 89134
Phone: 702-562-6050

11. Each of the persons signing this Agreement represents and warrants that he is authorized to execute and deliver this Agreement and that this Agreement will become binding upon the party for whom such person has signed, and that the signature of no other party or person is required in order to bind such party.

12. This Agreement may be signed by the parties in different counterparts and the signature pages combined to create a document binding on all parties.

IN WITNESS THEREOF, Seller and Buyer have executed this Agreement as of the date first written above.
[SIGNATURES ON FOLLOWING PAGE]

i
i

SELLER:

CITY OF UPLAND, a California municipal
corporation
By: EXHIBIT FORM—DO NOT EXECUTE
Michael Blay
City Manager
Date:

ATTEST:

Keri Johnson, City Clerk
BUYER:
a
By:

Name:

Its:

Date:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF )
On , before me, , a Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

STATE OF )
) ss,
COUNTY OF )
On 20_, before me,
(name and title of officer), personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument,
Witness my hand and official seal.

Notary Public
[SEAL]

EXHIBIT "1"
(Legal Description of Property)
That certain real property consisting of approximately 1,400 square feet located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard,in the City of Upland, County of San Bernardino, State of California. Commonly referred to as Assessor Parcel Number 0207- 462-02.
•
•
•

EXHIBIT "2"
(Depiction of Signage)
Design improvements to create left turn only and signage r ----I— .. ,
_.._ ,,.... .
i .,...\11).,:alzi 4 . - - - N
_ $i y taha
s k
—r �� ' . .: -. ,tea .' ._
ir,
_,, , ..,
..
'',' 9 lier.`.,.iii 4 kitiLide-4 r Ita - ! , !
.. • r.

T f •
1111-

EXHIBIT G

FORM REIMBURSEMENT AGREEMENT

REIMBURSEMENT AGREEMENT BETWEEN

THE CITY OF UPLAND AND FORE GREEN DEVELOPMENT,LLC

FOR NEGOTIATION OF

PURCHASE AND SALE AGREEMENT AND RELATED RECORDABLE COVENANTS THIS REIMBURSEMENT AGREEMENT ("Agreement") is dated for informational purposes only as of the day of May, 2025 by and between the CITY OF UPLAND, a California municipal corporation("City"), and FORE GREEN DEVELOPMENT,LLC("Buyer") (sometimes referred to herein individually as "Party,"or collectively, the "Parties").

RECITALS
A. City owns certain real property located at APN 0207-462-02, as depicted in the attached Exhibit A("Property").

B. The City Council authorized City staff to commence negotiations with Buyer on a potential purchase of the Property ("Transaction"),
C. The Parties are presently evaluating the feasibility of the proposed Transaction and, if desired by both Parties,they will finalize negotiations on a purchase and sale agreement between City and Buyer that will provide, among other things, for Buyer's acquisition of the Property and certain recordable covenants related to traffic patterns along Grove Avenue (the "Transaction Documents,")
D. The Parties desire to enter into this Agreement to cover certain outside third-party legal fees incurred and to be incurred by City in connection with the negotiation and drafting of the Transaction Documents. Buyer further acknowledges and understands and accepts the risk that the City may elect not to finalize the Transaction Documents with Buyer for the Property and to discontinue this process completely at any time .prior to execution of the Transaction Documents.

E. Except as set forth in Recital D above, the Parties intend that as a result of this Agreement, all outside third-party legal fees associated with City's negotiation, analysis, drafting, and recordation of the Transaction Documents incurred by City's outside legal consultants, shall be reimbursed by Buyer in an amount not to exceed$7,500 (the"Reimbursable Amount").

F. The Parties agree that outside legal fees up to the Reimbursable Amount incurred by Seller related to this Transaction shall be reimbursable by Buyer, regardless of whether or not the Transaction Documents are ultimately executed.

AGREEMENT
ARTICLE 1. INCORPORATION OF RECITALS
Section 1,01. All of the recitals set forth above are true and correct and are hereby incorporated in this Agreement as if fully set forth herein.

ARTICLE 2. EFFECTIVE DATE AND TERM
Section 2.01. Effective Date. This Agreement shall become effective upon the date this Agreement is fully executed by the Parties (the"Effective Date").

Section 2.02. Term. The term of the Agreement(the"Term") shall begin on the Effective Date and shall terminate upon the earlier of: (a) the date of termination pursuant to Section 5.03 herein; or (b) the close of escrow for the proposed purchase and sale agreement with Buyer and the City.

ARTICLE 3. RESERVED
ARTICLE 4. OUTSIDE CONSULTANT AND FUNDING OF CITY COSTS Section 4.01. City's Consultant.
(a) Buyer acknowledges that City's outside legal counsel Best Best &Krieger shall provide services to City regarding the Transaction and provide advice as the City may deem necessary in its reasonable discretion.
(b) Within five(5)business days of executing the Transaction Documents,City will provide Buyer a summary of the fees incurred by City's outside legal counsel for reimbursement by Buyer as outlined in Section 4.02(a)below, (c) Buyer agrees that,notwithstanding its reimbursement obligations under this Agreement, any consultants (including City's outside special counsel) shall be engaged as contractors exclusively by the City and not by Buyer. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its consultants, including its legal counsel, shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Buyer. The Buyer agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases, or any and all other documents or work product produced by the City's consultants, Section 4,02. Reimbursable Amount.
(a) Within thirty (30) days of receipt by Buyer of a detailed summary of the Iegal fees incurred by City for its outside third-party counsel in the preparation of the Transaction Documents, Buyer shall reimburse the City for such actual fees incurred, in an amount not to

exceed the Reimbursable Amount. The Parties are to reasonably cooperate if there is any dispute about the summary of legal fees and the time period to reimburse the City shall be told during such discussions,
(b) The Parties acknowledge that the Reimbursable Amount is not a"source of income" within the meaning of the California Political Reform Act (pursuant to California Government Code Section 87103.6).
(c) In no event shall City or its Consultants be obligated to perform any work in connection with Buyer's proposal for the Transaction, including but not limited to City review, evaluation, consideration, and negotiation, analysis, drafting, execution and recording of the Transaction Documents, where Buyer is otherwise in default of this Agreement in any material respect;provided, however, City has provided written notice to Buyer of such alleged default and the opportunity to cure.
(e) Upon termination of this Agreement, City shall return to Buyer any remaining unused portion of the Reimbursable Amount.

Section 4,03, Recordkeeping and Audits.
(a) City shall maintain records with respect to the review performed by City and its outside counsel under this Agreement (the "Records") in accordance with City's current procedures. City shall retain such Records for the period required by law. The Records shall include official documentation evidencing the charges to support all fees. (b) City will make available to Buyer all Records excluding attorney client, work product, and other confidential or protected information and documents,within a reasonable time after request for examination of such Records is provided to City. If any audit reveals inaccuracies in billings or payments, the necessary adjustments to correct the inaccuracies shall be made.

ARTICLE 5. MISCELLANEOUS PROVISIONS
Section 5,01. California Law. This Agreement shall be governed by, and construed in accordance with,the laws of the State of California.

Section 5.02. Nature of Commitment. Nothing in this Agreement is or should be construed to be a covenant, promise, or commitment by City (including, without limitation, any agency, board, or commission of City)to grant any entitlement for development or to make a final decision on any proposal, nor shall it prevent City (including, without limitation, any agency, board, or commission of City) from acting, or electing not to act, on any proposal in any manner other than that deemed proper by City.

Section 5.03. Early Termination.
(a) City may, in its reasonable discretion,terminate this Agreement prior to the term set forth herein, without cost or liability to City, if Buyer: (a) fails to satisfy any obligation

of this Agreement within any applicable cure period; or (b) fails to reasonably negotiate in good faith to finalize the Transaction Documents; provided that, prior to such termination, City must provide Buyer with a fifteen(15)day written notice of such termination,which notice shall contain enough information to reasonably inform Buyer of: (x) the reason for such termination; and (y) what must be done to effectuate a cure, and Buyer must fail to cure within such fifteen (15) day period, or, in the event of a cure that reasonably takes longer than fifteen (15) days to complete, fails to commence and diligently prosecute such cure within such fifteen (15) day period. (b) The Buyer may, in its sole discretion, terminate this Agreement prior to the end of the term set forth herein, upon fifteen (15) days' prior written notice to City; provided, however, that Buyer's right to so terminate this Agreement is expressly contingent upon Buyer satisfying all of its obligations under this Agreement up through the proposed effective date of termination. In the event Transaction Documents have been executed at the time Buyer elects termination under this section, City reserves the right to enforce said Transaction Documents pursuant to the terms of such Transaction Documents.

Section 5.04. No Agency, Joint Venture or Partnership. It is understood that Buyer is not an agent of City. City and Buyer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Buyer joint venturers or partners.

Section 5.05. Notices. Any notice or communication required hereunder between the Parties must be in writing. Such notices or communications shall be given to the Parties via email or at their addresses set forth below:

CITY: City of Upland
460 North Euclid Avenue
Upland, California 91786
Attention: Development Services Director
Telephone: 909-931-4148
Email: [email protected]
with copies to: Best Best& Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Jessica K. Lomakin, Esq.

Telephone: 909-989-6643
Email: [email protected]
BUYER: Fore Green Development, LLC
Attn: Jonathan Fore and Jonathan Cornelius
1741 Village Center Circle
Las Vegas,Nevada 89134
Phone: 702-562-6050
Email [email protected]
Email: [email protected]

With a copy to: Goold Patterson
Attn: Kelly J. Brinkman, Esq.
1975 Village Center Circle, Suite 140
Las Vegas,Nevada 89134
Phone: 702-436-2600
Email: [email protected]
Section 5.06. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement,or the application of this Agreement to other situations,shall continue in full force and effect unless amended or modified by mutual consent of Parties.

Section 5.07. Assignment and Transfer. Neither Party shall assign or transfer this Agreement without the prior written consent of the other.

Section 5.08. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by City with regard to any procedural or substantive aspect of City's approval of the Transaction, including any required entitlements or any environmental process. Buyer may, however, in its sole and absolute discretion, appear as a real party in interest in any such third party action or proceeding, and in such event, it and City may defend such action or proceeding, either jointly or with separate counsel as determined by Buyer and City. The City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate.

Section 5.09. Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, only by written amendment executed by the Parties.

Section 5.10. Counterparts/Facsimile/.PDF Signatures. This Agreement may be executed in counterparts and when so executed by the parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon Buyer and Seller, notwithstanding that Buyer and Seller may not be signatories to the same counterpart or counterparts. The parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures,and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

Section 5.11. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either City or Buyer against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

[Signature Page Follows]

IN WITNESS WHEREOF,City and Buyer have entered into this Agreement as of the date first above written.

CITY:

CITY OF UPLAND, a California municipal
corporation
Date: By: EXHIBIT FORM-DO NOT EXECUTE
Michael Blay
City Manager
ATTEST:

Keri Johnson, City Clerk
BUYER:

FORE GREEN DEVELOPMENT COMPANY,
a Nevada limited liability company
Date: By:

Name:

Its:

Exhibit A
Legal Description of Property
That certain real property consisting of approximately 1,400 square feet located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard, in the City of Upland, County of San Bernardino, State of California. Commonly referred to as Assessor Parcel Number 0207- 462-02.
••
•
•
•
•
•

STATE OF CALIFORNIA-BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM., Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT 10
2020 W. El Camino Avenue,Suite 500
Sacramento,CA 95833 ,y�
(916)263-2911 /FAX(916)263-7453 °etmox
www.hcd.ca.gov
January 11, 2023
Anne Branham, Attorney
City Attorney's Office
City of Upland
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Dear Anne Branham:

RE: HCD's Review of the City of Upland's Resolution No. 6755 Declaring Property Located at APN 0207-462-02 as "Exempt Surplus Land" Thank you for notifying the California Department of Housing and Community Development (HCD) of the City of Upland's (City) determination of property located at APN 0207-462-02 (Property), as "exempt surplus land." HCD reviewed Resolution No. 6755 (Resolution) pursuant to Section 400 of the Surplus Land Act Guidelines. As explained below, HCD finds that the Property qualifies as "exempt surplus land" under Government Code section 54221, subdivision (f)(1)(B).

Analysis
According to the Resolution, the Property is a vacant dirt lot measuring approximately 1,669 square feet and is not needed for use by the City. The City intends to transfer the Property to the adjacent property owner.

Conclusion
Based on the documentation provided, HCD finds that the Property qualifies as "exempt surplus land" under Government Code section 54221, subdivision (f)(1)(B). The City is permitted to proceed with the sale of the Property to the adjacent property owner as described in the Resolution.

If you have any questions or need additional technical assistance, please contact Sandra Mukasa, Housing Policy Specialist, at Sandra.Mukasa ajhcd.ca.gov.

Sincerely,
joa\c,:\n bw`-'
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Development
SLA0000329

4+4 of :T
V,.+, -°
1CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
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9tzFO1%
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):

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. tint, leb, 2,025
Date ignature of authorized individual
-fore-Oath teAttopmeAt J Jona1 4" 'r-64(e'
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 Req 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 Req 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 Req, 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.

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS

COMMITTEE
July 8, 2025
5:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:01 p.m.

In attendance: Committee Chair Breitling, Committee Members Maust, D'Braunstein, Ickis, Miller

Absent: Committee Members Damrath, Floss
Staff in attendance: Assistant City Manager Arrula, City Clerk Johnson, Environmental Compliance Program Manager deMoet, Acting Utilities Manager Ferreira, Solid Waste Management Analyst Garcia, Senior Engineer Gonzalez, Principal Engineer French, and Assistant Engineer Diaz

2. ORAL COMMUNICATIONS
None

3. AGENDA ITEMS
a. UPDATE ON THE WATER/RECYCLED WATER MASTER PLAN, THE

WASTEWATER COLLECTIONS SYSTEM MASTER PLAN, AND THE SEWER

SYSTEM MANAGEMENT PLAN
City Manager Arrula provided an overview of the staff report and introduced Brown and Caldwell consultants Amy Martin and Ian Jaffe, who presented a PowerPoint presentation.

Staff and consultants responded to inquiries from the Committee concerning state regulatory compliance, management of wastewater and storm water, water treatment processes, capital improvement infrastructure replacement projects, the status of the water rate study, and the diversification of the City's water supply portfolio.

Committee Chair Breitling called a recess at 6:35 p.m. The Committee meeting was reconvened at 6:41 p.m.
b. UPLAND MOBILITY MASTER PLAN
Assistant City Manager Arrula introduced Principal Engineer French, Assistant Engineer Diaz, and Contract Traffic Engineer Dore.
1

Principal Engineer French provided an overview of the project and introduced KTUA Consultant Alex Samarin who presented a PowerPoint presentation.

Staff and the consultant responded to questions from the Committee regarding bicycle access to the Pacific Electric Trail and the Metrolink Station, the removal of on-street parking, classifications of bicycle lanes, potential grant funding for proposed projects, and matters related to street striping and signage. c. SENATE BILL 1383 UPDATE
Assistant City Manager Arrula introduced Solid Waste Management Analyst Garcia, who presented a PowerPoint presentation.

Management Analyst Garcia and Burrtec Representative Michael Heftman answered questions from the Committee concerning inspection procedures, regulatory enforcement, and efforts related to education and compliance.

4. COMMITTEE MEMBER COMMENTS
The Committee thanked staff and the citizen committee members.

5. ADJOURNMENT
Committee Chair Breitling adjourned the meeting at 7:39 p.m. The next regularly scheduled Public Works Committee meeting is Tuesday, October 14, 2025.

Keri Johnson, City Clerk
2

4 cir UpL CzoFUPLAND
+6 "The Oily of Gracious Living"
{: ` ::lb PUBLIC WORKS
ro1, 8T- COMMITTEE
**AGENDA**
Tuesday, July 8, 2025
5:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL

2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.

Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.

3. AGENDA ITEMS
a. UPDATE ON THE WATER/RECYCLED WATER MASTER PLAN, THE WASTEWATER

COLLECTIONS SYSTEM MASTER PLAN, AND THE SEWER SYSTEM MANAGEMENT PLAN
Recommended Action:

That Public Works Committee receive and file the presentation on the Water and Recycled Water Systems Master Plan, the Wastewater Collection System Master Plan, and the Sewer System Management Plan (SSMP).
b. UPLAND MOBILITY MASTER PLAN
Recommended Action:

The Public Works Committee receive and file the presentation on the updated progress of the City's Draft Upland Mobility Master Plan.
c. SENATE BILL 1383 UPDATE
Recommended Action:

The Public Works Committee receive and file this report providing an update on the City's continued implementation of Senate Bill 1383 (SB 1383) requirements related to organic waste reduction and edible food recovery.

4. COMMITTEE MEMBER COMMENTS

5. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, October 14, 2025.

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 Wednesday, July 2, 2025 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)

4c, °v °p`q� CITFUP LAND
�" - -
.�, �` "The City of Gracious Living"
c�lrFOR�i�
DATE: July 28,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER

ED DIGGS,INTERIM UTILITIES MANAGER

NORBERTO FERREIRA,ACTING UTILITIES MANAGER
SUBJECT: CONSIDER ADOPTING A RESOLUTION APPROVING THE SEWER SYSTEM

MANAGEMENT PLAN
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving the Sewer System Management Plan update in accordance with the State Water Resources Control Board General Order No. 2022-0103-DWQ and direct staff to submit the final document to the State by the regulatory deadline of August 2,2025.

GOAL STATEMENT
The proposed action supports the city's goal of ensuring compliance with regulatory requirements, operational reliability,and the protection of public health and the environment.

BACKGROUND
The City of Upland owns and operates a municipal sewer collection system which is subject to regulation by the State Water Resources Control Board(SWRCB). The City's first Sewer System Management Plan(SSMP)was adopted in 2006 under General Order No.2006-0003-DWQ.In 2022,the SWRCB issued General Order No.2022-0103-DWQ, which supersedes the 2006 order and requires significant updates to planning, monitoring, maintenance, and performance reporting procedures.

ISSUES AND ANALYSIS
In response to the SWRCB's 2022 order,the Public Works Department Utilities Division has updated the SSMP to reflect the latest regulatory requirements, operational practices, and system conditions. The City has completed the technical work for the Wastewater Collection System Master Plan,which is scheduled for presentation along with the Water and Recycled Water Master Plan at the next City Council meeting. The updated SSMP incorporates key findings from this planning effort, including evaluations of infrastructure condition, system performance, and long- term replacement needs.

The updated SSMP represents a significant enhancement over the 2006 version,expanding both the depth and scope of the city's sewer system management protocols. Key elements of the update include:
• Asset Management Improvements: Incorporates GIS based mapping,condition assessments,and risk-based maintenance strategies.
• CCTV and Flushing Programs: Expands pipeline inspection frequency and targets high-risk segments to prevent blockages and overflows.
• Enhanced FOG Program:Strengthens oversight of grease-generating businesses and introduces new outreach and enforcement measures.
• Performance monitoring Introduces benchmarking,trend analysis for sanitary sewer overflows(SSOs),and internal reporting metrics.
• Organizational Updates: Reflects current staffing structure, revised roles, and interagency coordination protocols.
• Emergency Preparedness: Updates contingency planning and communications protocols for overflow response and reporting.

This is the City's first SSMP update under the 2022 General Order,and the plan is designed to serve as a foundational document to guide both daily operations and long-range infrastructure planning. City Council approval is a necessary stop before formal submission to the SWRCB.

ENVIRONMENTAL DETERMINATION
Approval of the SSMP is not considered a project under CEQA. The document is a regulatory compliance and planning tool and does not authorize or directly result in any physical changes to the environment.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING THE SEWER SYSTEM

MANAGEMENT PLAN (SSMP) UPDATE, IN ACCORDANCE

WITH THE STATE WATER RESOURCES CONTROL BOARD
ORDER NO. 2023-0103-DWQ
WHEREAS, the City of Upland owns and operates and sanitary sewer collection system; and
WHEREAS, on December 6, 2022, the State Water Resources Control Board (SWRCB) adopted General Order No. 2022-0103-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems ("SSO Permit"). The SSO Permit amended the established General Waste Discharge Requirements for all publicly owned or operated sanitary sewer systems within the State of California; and WHEREAS, sanitary sewer operators are subject to and must comply with the requirements of the SSO Permit with the goal of reducing sanitary sewer overflows; and
WHEREAS, General Waste Discharge Requirements also requires the City to develop and implement a written, a system-specific, Sewer System Management Plan ("SSMP") setting forth provisions to provide proper and efficient management, operation, and maintenance of the sanitary sewer system, as well as a spill response plan that establishes standard procedures for immediate response to an sanitary sewer overflows in a manner designed to minimize water quality impacts and potential nuisance conditions; and
WHEREAS, the Assistant City Manager/Public Works Director has prepared the City of Upland SSMP Update to document the programs and procedures handled by the City, in accordance with the General Order Requirements.

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

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

Section 2. Findings. The City Council finds that the City of Upland's Sanitary Sewer System Management Plan Update, attached as Exhibit A, is in compliance with the SSO Permit.

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

Resolution No.

Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

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

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

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

PASSED, APPROVED and ADOPTED this 28th day of July, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of July, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

FINAL
Sewer System Management Plan
Prepared for
City of Upland, California
July 22, 2025

FINAL
Sewer System Management Plan
Prepared for
City of Upland, California
July 22, 2025
Brown AND
Caldwell j
18500 Von Karman Avenue,Suite 800
Irvine,CA 92612 Page 395 of 600
T:714.730.7600

Acknowledgements
Brown and Caldwell acknowledges the valuable contributions made by the City of Upland in conducting the 2025 Sewer System Management Plan Update.

Specifically, the project team recognizes the following personnel for their efforts:

City of Upland
• Damien Arrula
• Nicole deMoet
• Norberto Ferreira
• Ed Diggs
• Bob Chritchfield
• Hector Gonzalez
• Jose Aguilar
• Jason Lara
• Erik Stene
• Marc Warner
• Michelle Madriz
• Tanya Garcia
Brown and Caldwell
• Amy Martin
• Jesse Scolavino
• Jackson Cacciarelli
• Ian Jaffe
• Meagan O'Hare
Brown,..Caldwell
ii Page 396 of 600
Use of contents on this sheet is subject to the limitations specified at the end of this doc

Table of Contents

1. Sewer System Management Plan Goal and Introduction 1-1

1.1 Regulatory Context 1-1

1.2 Purpose 1-1

1.3 Sewer System Description and Asset Overview 1-2

1.4 SSMP Goals 1-2

2. Organization 2-1

2.1 WDR Requirement 2-1

2.2 Authorized Representatives 2-1

2.3 SSMP Staff Titles and Contact Information 2-3

2.3.1 Administrative SSMP Roles 2-3

2.3.2 SSMP Implementation and SSO Response Roles - PWD 2-3

2.3.3 SSMP Support Roles 2-5

2.4 Emergency Communication Strategy and Structure 2-6

2.4.1 Purpose and Objectives 2-6

2.4.2 Incident Severity Levels 2-6

2.4.3 Communication Structure 2-6

2.4.4 Communication Tools and Methods 2-7

2.4.5 Resource Coordination Protocol 2-7

2.4.6 Post-incident Debrief 2-8

2.4.7 Conclusion 2-8

3. Legal Authority 3-1

3.1 WDR General Order Requirement 3-1

3.2 Summary and Evaluation of City's Legal Authority 3-1

3.2.1 Prevention of Illicit Discharges 3-2

3.2.2 Proper Connections and Construction 3-2

3.2.3 Accessibility for Maintenance, Inspection, and Repair 3-3

3.2.4 Violation Enforcement 3-3

3.2.5 Easement Accessibility Agreements 3-3

4. Operations and Maintenance Program 4-1

4.1 WDR Requirement 4-1

4.2 Discussion of O&M Components 4-1

4.2.1 Sanitary Sewer System Mapping 4-1

4.2.2 Preventative O&M Program 4-5

4.2.3 Repair and Rehabilitation Plan 4-9

4.2.4 Training Program and Summary 4-10

4.2.5 Equipment Inventory 4-10
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Sewer System Management Plan Table of Contents

5. Design and Performance Provisions 5-1

5.1 WDR Requirement 5-1

5.2 Design Criteria and Construction Standards and Specifications 5-1

5.3 Procedures and Standards for Testing and Inspection 5-1

6. Spill Emergency Response Plan 6-1

6.1 WDR Requirement 6-1

6.2 Summary and Evaluation of Spill Emergency Response Plan 6-1

6.2.1 Spill Notification Procedures 6-2

6.2.2 Compliance and Response Procedures 6-3

6.2.3 Staff and Training Requirements 6-5

6.2.4 Electronic Reporting Procedures 6-5

6.2.5 Emergency Response Operations 6-6

6.2.6 Spill Containment 6-6

6.2.7 Spill Removal and Disposal 6-7

6.2.8 Post-spill Assessment Procedures 6-7

6.2.9 Documentation 6-8

6.2.10 Spill Emergency Response Plan Updates 6-8

7. Sewer Pipe Blockage Control Program 7-1

7.1 WDR Requirement 7-1

7.2 Summary and Evaluation of City's Sewer Pipe Blockage Control Program 7-1

7.2.1 Public Education and Outreach Program 7-2

7.2.2 Blockage Disposal Procedures 7-2

7.2.3 Legal Authority 7-3

7.2.4 Requirement to Install Grease Removal Devices 7-3

7.2.5 Authority to Inspect Grease-producing Facilities 7-4

7.2.6 Special Maintenance Sites and Cleaning Schedule 7-4

7.2.7 Implementation of Source Control Measures 7-4

8. System Evaluation, Capacity Assurance, and Capital Improvements 8-1

8.1 WDR Requirement 8-1

8.2 System Evaluation and Condition Assessment 8-1

8.2.1 Capacity Enhancement Measures 8-2

8.2.2 Condition Assessment 8-3

8.3 Capacity Assurance and Design Criteria 8-3

8.4 Prioritization of Corrective Action 8-3

8.5 Capital Improvement Plan and Schedule 8-3

9. Monitoring, Measurement and Program Modifications 9-1

9.1 WDR Requirement 9-1

9.2 Data Collection and Reporting 9-1

9.2.1 Nobel Geoviewer 9-2

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Sewer System Management Plan Table of Contents

9.3.1 Assessment of Program Modifications 9-3

9.3.2 Operation and Maintenance Program 9-4

9.3.3 SSO Response 9-4

10. Internal Audits 10-1

10.1 WDR Requirement 10-1

10.2 Internal Audit Procedures 10-1

11. Communication Program 11-1

11.1 WDR Requirement 11-1

11.2 Summary of City's Communication Program 11-1

11.2.1 Public Communication Procedures 11-1

11.2.2 System Connection Communication Procedures 11-1

12. References 12-1

13. Limitations 13-1
Appendix A: CIWQS-Registered City of Upland Team Members A Appendix B: Regional Sewage Service Contract B Appendix C: Sample of Sewer Maintenance - Daily Activity Report Form C Appendix D: Example Summary of Recent Sewer Maintenance Activities D Appendix E: Sample CCTV Log from a Recent Sewer TV-Inspection E Appendix F: SSO Response, Communications, and Reporting Flow Chart F Appendix G: SSO Reporting, Chain of Communication and Response Matrix G Appendix H: List of Non-Domestic Wastewater Discharge Permittees H Appendix I: IEUA's SERP I
Appendix J: SSO Reporting, Chain of Communication and Response Matrix J Appendix K: 24-Month Flushing Cycle Map K
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Sewer System Management Plan Table of Contents List of Figures
Figure 2-1. City of Upland organization chart 2-2 Figure 4-1. City of Upland sanitary sewer system map 4-3 Figure 4-2. City of Upland wastewater collection system 4-4 List of Tables
Table 2-1. Incident Severity Levels 2-6
Table 3-1. Provisions of UMC Code 3-1
Table 4-1. Summary of Existing Collection System 4-2 Table 4-2. 24-month Flushing Schedule by Grid 4-6 Table 4-3. Sewer System "Areas of Concern" Sewer Flushing Program 4-7 I Brown.Caldwell o Caldwell
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Sewer System Management Plan Table of Contents List of Abbreviations
CCTV closed-circuit television
CCWRF Carbon Canyon Wastewater Reclamation
Facility
CFR Code of Federal Regulations
CIP Capital Improvement Program
City/city City of Upland
CIWQS California Integrated Water Quality System
FOG fats,oils and grease
FSE food service establishment
GIS Geographic Information System
I/I infiltration and inflow
IEUA Inland Empire Utilities Agency
LACSD Los Angeles County Sanitation Districts
LF linear feet
MAA Mutual Aid Agreement
MRP Monitoring and Reporting Requirements
NCPI National Clay Pipe Institute
O&M operations and maintenance
OES Office of Emergency Services
PM preventative maintenance
PPE personal protective equipment
PWD Public Works Department
RCA regional contracting agencies
RP-1 IEUA Regional Plant 1
R/R repair and replacement
SERP Spill Emergency Response Plan
SOP standard operating procedures
SORP Sewer Overflow Response Plan
SSMP Sewer System Management Plan
SSO sanitary sewer overflow
SWRCB State Water Resources Control Board
UMC Upland Municipal Code
VCP vitrified clay pipe
WDR Waste Discharge Requirements
WOTUS Waters of the United States
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Section 1
Sewer System Management Plan
Goal and Introduction

1.1 Regulatory Context
On May 2, 2006, the California State Water Resources Control Board (SWRCB) adopted Order 2006- 0003, Statewide General Waste Discharge Requirements (WDR), which requires all federal and state agencies, municipalities, counties, and other public entities in California which own or operate a wastewater collections system more than 1 mile in length to develop and implement a system- specific Sewer System Management Plan (SSMP) and to report all sanitary sewer spills to the SWRCB's online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. The SWRCB adopted Order Number WQ 2013-0058-EXEC on August 6, 2013, amending the Monitoring and Reporting Requirements (MRP) included in Order No. 2006-0003-DWQ. In 2022, the SWRCB adopted Order WQ 2022-0103-DWQ (Order), which further amended the Statewide WDRs.The intent of the revision is to improve data management and monitoring to further assist with evaluating various sanitary sewer overflows (SSO).

The purpose of the SSMP is to provide a consistent statewide approach to reducing SSOs to protect human and environmental health. The WDRs include directives for owners and operators of sanitary sewer systems to demonstrate their effective management, operation, and maintenance of the systems. This SSMP update has been prepared in compliance with the current WDRs and considers the recent changes to the General Order.

The City of Upland (city)submitted a Notice of Intent to comply with Order 2006-003 Statewide General WDRs on September 25, 2006, under the Waste Discharge Identification (WDID) No. 8SSO10564. On April 11, 2023, the city re-enrolled to maintain regulatory coverage under the updated General Order and received confirmation of continued coverage.

The Legally Responsible Official (LRO) is a designated senior-level manager within the city's Public Works Department, as identified in Section 2 of this SSMP. The LRO is responsible for overseeing the implementation of the SSMP and ensuring compliance with all applicable regulatory requirements.

1.2 Purpose
An SSMP serves as a living planning document which details ongoing local sewer system management program activities, procedures, and decision making with the goal of providing a consistent statewide approach to reducing SSOs and protecting human and environmental health.

The city Public Works Department(PWD) has consistently maintained the sanitary sewer system in alignment with the goals set forth in the SSMP. Reliable SSO reporting and data management, comprehensive preventive maintenance and blockage control programs, and periodic infrastructure assessment has enabled the city to protect public health by minimizing SSOs and associated impacts. This SSMP update has been prepared in compliance with the current WDRs and recent updates to the General Order and builds upon existing sewer system management efforts which the city has maintained.After completion of this SSMP update,the city will complete its next update in 2031, on schedule with the WDR requirements.

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Sewer System Management Plan Section 1:Sewer System Management Plan Goal and Introduction This document has been divided into 11 sections and is organized to align with requirements as they appear in the WDRs. Each section below addresses one of the key elements of the WDR SSMP guidelines:
• Section 1: Sewer System Management Plan Goal and Introduction • Section 2: Organization
• Section 3: Legal Authority
• Section 4: Operations and Maintenance Program
• Section 5: Design and Performance Provisions
• Section 6: Spill Emergency Response Plan
• Section 7: Sewer Pipe Blockage Control Program
• Section 8: System Evaluation, Capacity Assurance and Capital Improvements • Section 9: Monitoring, Measurement and Program Modifications • Section 10: Internal Audits
• Section 11: Communication Program

1.3 Sewer System Description and Asset Overview
The city occupies approximately 15 square miles and is located in the western end of San Bernardino County. It is bordered by the cities of Montclair and Claremont on the west, Ontario to the south, Rancho Cucamonga to the east, and the unincorporated areas of San Antonio Heights to the north. As of 2024, the city had a population of approximately 79,600.

The sewer system is a gravity flow system consisting of approximately 207 miles of pipe ranging from 3 inches to 21 inches in diameter.The city provides sewer service to most businesses and residents within the city, as well as the unincorporated areas (San Antonio Heights) within the city's sphere of influence. Collected sewage is conveyed to the Inland Empire Utilities Agency(IEUA) regional wastewater reclamation facilities for treatment and disposal of the effluent,sludge, and residual solids. The city community sewer is a "satellite collection system"to the IEUA regional sewage collection system and wastewater treatment and reclamation plants.

Several areas in the southwest quadrant of the city cannot be served by gravity flow through the city's system to the regional trunk sewer.The sewer mains in these areas are connected to the sewer systems of Montclair and Claremont.The city is responsible for operations and maintenance (O&M) of the system within its boundaries. In addition, the city pays a fee to the adjoining city or agency for the conveyance of city flows from these areas to the regional plants owned and operated by IEUA(for flows through the Montclair system) or Los Angeles County Sanitation District(LACSD) 21 (for flows through the Claremont system)for treatment. A map of the city's community sewer system and boundaries with the adjoining cities is included on Figure 4-1 in Section 4.2.1 of this SSMP.

1.4 SSMP Goals
The primary objective of the SSMP is to establish a comprehensive framework and schedule for the effective management, operation, and maintenance of all components of the sanitary sewer system.

This proactive approach is intended to minimize and prevent sanitary sewer overflows (SSOs) and ensure the timely mitigation of any incidents that may occur.

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Sewer System Management Plan Section 1:Sewer System Management Plan Goal and Introduction Providing safe, reliable, and responsive sewer service is fundamental to upholding the mission of the PWD, which is: "to preserve and enhance Upland's resources for future generations, to be a responsible custodian of the community infrastructure, and to provide responsive, courteous, and cost-effective customer care."
In alignment with this mission, the Utilities Division and Sewer Division of the PWD have developed specific goals and objectives for the operation and maintenance (O&M) of the City's sewer system.

These goals form the foundation of the Public Works Sewer Division's O&M Program. As described in Section 4, the O&M Program document defines roles and responsibilities, allocates staff hours to sewer O&M activities, and provides detailed procedures and guidelines for system maintenance and cleaning operations.

The objectives of the sewer O&M program align with the following SSMP goals:
• Minimize the frequency and impact of SSOs
• Prevent public health hazards
• Minimize inconveniences by responsibly handling interruptions in services • Protect the large investment in collection system assets by maintaining adequate capacities and extending useful life
• Prevent unnecessary damage to public and private property • Use available funds in the most efficient manner
• Convey wastewater with minimum infiltration and inflow (I/I) • Confirm adequate capacity to convey peak flows
• Perform all operations in a safe manner to avoid personal injury and property damage This SSMP supplements and supports the city's existing O&M program by providing high-level consolidated guidelines and procedures for all aspects of the city's sewer system management. This SSMP will contribute to the proper management of the collection system and help the city minimize the frequency and impacts of SSOs by providing guidance for appropriate maintenance, capacity management, and emergency response.

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Section 2
Organization

2.1 WDR Requirement
The SSMP must identify organizational staffing who are responsible for and integral to implementing the local SSMP. This must be done through an organization chart or similar narrative documentation which includes:
• The name of the responsible or authorized representative as described in Section 5.1 (Designation of a Legally Responsible Official) of the General Order. • The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. • The chain of communication for reporting SSOs,from receipt of a complaint or other information, including the person responsible for reporting SSOs, to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services [OES]).

2.2 Authorized Representatives
The Assistant City Manager/Public Works Director is the principal executive office of the PWD and serves as the Legally Responsible Official for the purpose of this General Order. The city has identified the need to hire a qualified Deputy Director of Utilities, a currently unfilled position, as soon as possible. Once hired,the Assistant City Manager/Public Works Director shall designate the Deputy Director of Utilities as a "Data Submitter" for the City of Upland. Any changes to the Legally Responsible Official or "Data Submitter" will be documented as part of the city's SSMP audit.

Under the Utilities Division is the Environmental Division, headed by an Environmental Compliance Programs Manager. Since the General Order is a regulatory permit project with MRP requirements, the Environmental Compliance Programs Manager is assigned as a "Data Submitter" for reporting and certifying data on CIWQS.

Sewer maintenance is performed by maintenance workers and city staff under the Sewer Division, led by the Utilities System Supervisor. The sewer Utilities System Supervisor has also been assigned as a "Data Submitter" for reporting and certifying data on CIWQS.

Additional "Data Submitters" include the Acting Utilities Manager and the Regulatory Compliance Specialist. Appendix A contains a list of the names and positions currently registered with CIWQS as authorized representatives and Data Submitters and the city's full organization structure is shown in Figure 2-1.

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Sewer System Management Plan Section 2:Organization Budget Analyst ACM/Public Works Director Sr Admin 1 FIE 1 FIE Assistant
1 HE
City Engineer/Deputy Director Deputy Director of Utilities Admin Assistant
'U41
1FRE 1FTE 1FRE
Traffic Operations Ops Cost Rep I Engineering Eng Mngr& ii Util it UMW Cost Rep I I Env.Prgrrnsill Gov't&Pu b l i c Engineer - Manager Manager Resource Man Compliance Affairs Mngr. I 1 FTE 1 FTE MI 1 FTE 1 FTE Planning 1 FTE 1 11111 Manager 1 FEE 1 FEE I
Engineering Ops Maint Sup Ops Maint Sup Cops Maint Sup Cops Mai nt Sup Senior Associate Chief Water I Util Mil Sys Management Regulatory Community Intern Streets Facilities Fleet Urban Forest Engineer Engineer Turd Operator Supervi. 4 Supervisor I Analyst Compliance Info.Specialist 1 PTE 1 FIEF I 1 FTE� 1 FIE him. 1 FIE 1 FTE 1 F MI FEE 1 1 FEE 1 F a N.Specialist 1 FTE 1 PTE MI
Maintenance Facilities Lead Maintenance Associate GIS Technic'. Water Tmit IJtil S Utii Sys Managemenf� Management Coordinator Coordinator Equipn Coordinator Engineer 1 Operator Worker-wtr Worker-Swr Analyst Analyst 1 1 FEE Meth.1FTE 1 FTE 1 FEE 5 FTE 13 F 6 FIT 1 FM 1 FIE Maintenance Facilities Equip Associate Wtr Meter Environmental g
Worker Specialist Meehan'
Engineer Maint Worker Tech Compliance Ea7 FIE 2 F rE 1 FTE 1 FIE 1 FIE , Insp. 1 F IE Al I 4 F7E
Maintenance Custodian Inv Specialist Sr PW Cross Worker 3 F 1 FEE Inspe€tor Connection 3 FTE g 2 FEE Specialist 1 F Facilities Equipment Environmental Specialist Mechanic: Compliance 1 FTE 1 FTE Insp. 1 FTE
r
Executive Employee
❑ Mid-manager Employee
❑ General Employee
❑ Corsultant 5- Mid-Cycle Reorganization
Figure 2-1. City of Upland organization chart
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Sewer System Management Plan Section 2:Organization

2.3 SSMP Staff Titles and Contact Information
The successful implementation of the City of Upland's SSMP depends upon clearly defined roles and responsibilities across administrative, operational, and support functions. This section outlines the titles and duties of key personnel involved in SSMP oversight, emergency response, and system maintenance. It also identifies roles within the organization for internal coordination and external communication, ensuring accountability and facilitating timely action in the event of sewer-related incidents or regulatory inquiries.

2.3.1 Administrative SSMP Roles
Successful implementation of the SSMP requires coordination across multiple city departments and agencies. Each entity plays a distinct role in supporting administrative functions, regulatory compliance, emergency response, and public engagement. The following roles generally outline the responsibilities of key personnel and departments involved in SSMP oversight and execution:
• Upland City Council: provides legislative oversight for the approvals and adoptions of development plans, schedules,final plans, and budgets.
• City Attorney: provides legal review of enabling ordinances and legal counsel for SSO damage and liability claims.
• City Manager: chief executive officer; approves the implementation of plans and recommends funding and resources; public relations liaison with newspapers and media. • Assistant City Manager/Public Works Director: under the administrative direction of the City Manager, acts as a liaison between the city and various boards and committees; assists in implementing the city's plans, policies, and procedures. • Police Department: provides after-hours emergency response support to the PWD, particularly during significant sewer-related emergencies. Assists with traffic control, site security, and coordination efforts to ensure public safety in the event of an SSO or other hazardous conditions.
• County of San Bernardino Fire Department:first responders for unidentified spills and possible hazardous material spills.
• City Clerk Office: coordinates legislative agenda; receives and processes SSO damage and liability claims.
• Development Services Department: protects public health, safety, and welfare through building permit reviews, inspections, planning and development review, and approval to maintain the city's codes and standards.
• Building and Safety Division: reviews building plans for conformance to codes and standards; works to confirm proper sizing of waste lines; performs inspections of domestic laterals and plumbing, septic tanks, grease interceptors and grease traps.

2.3.2 SSMP Implementation and SSO Response Roles - PWD The City of Upland's PWD is responsible for day-to-day implementation of the SSMP and the coordination of SSO response activities.This includes planning, operations, maintenance, regulatory reporting, and emergency mobilization. A structured chain of command ensures that responsibilities are clearly defined - from executive oversight to field-level response. The following roles generally outline the responsibilities of key personnel and mutual aid partners in SSMP execution and SSO response:
• Assistant City Manager/Public Works Director: principle responsible charge for SSMP implementation; plans, organizes, directs, and supervises the city's public works activities and I BrownANo Caldwell
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Sewer System Management Plan Section 2:Organization functions; provides leadership, implements and monitors long-term plans, goals, and objectives focused on achieving the public works mission statement; responsible for policy development, program planning, fiscal management, administration, and operational direction of the PWD; provides expert professional assistance; advises City Council, City Management, Planning Commission, engineering consultants and others on departmental issues. • Deputy Director of Utilities: authorized representative; responsible for coordinating SSMP implementation; certifies SSO report; under direction of Public Works Director, helps develop department policy, plans, and goals; manages the utilities, water, and environmental divisions' activities related to the O&M and repair of the city's infrastructure; provides administrative and technical direction to staff; coordinates activities with other divisions, city departments, outside agencies, organizations and consultants.
• Utilities Manager: under direction of Deputy Director of Utilities; manages the PWD Sewer Division; plans, organizes, directs, and coordinates field O&M of sanitary sewer and storm drains; supervises sewer O&M crews, including scheduling, training, and review/approval of completed activities; develops and evaluates SSO preventative maintenance standards; prepares and maintains O&M records.
• Environmental Compliance Programs Manager: under direction of Deputy Director of Utilities; responsible for coordinating responses to SSO events and meeting the SSO reporting requirements; submits and certifies SSO reports.
• Regulatory Specialist: under direction of the Environmental Compliance Manager; manages commercial and industrial non-domestic wastewater permitting and inspection program; industrial and commercial NPDES inspections; coordinates SSO responses; CIQWS and SSO reporting.
• Utilities Supervisor - Sewer/Storm Drain: under direction of the Utilities Manager, is responsible for mobilizing SSO response crews/equipment and submitting SSO data. Plans, assigns, and directs the work of sewer O&M crews, giving instruction and technical support for field operations and sanitary sewer system and storm drain maintenance; oversees the labor, equipment, and materials used; prepares and maintains O&M records. • Lead Worker(Sewer Division): under general direction of the Utilities Supervisor, provides lead direction and work coordination for sewer O&M crews to perform preventative and corrective maintenance for sanitary sewer and storm drain activities. • Utility Worker I/II (Sewer Division): performs labor for the preventative and corrective maintenance of the sanitary sewer system and storm drains; drives and operates equipment to complete tasks related to the preventative and corrective maintenance of the sanitary sewer system and storm drains.
• Sewer O&M Crews: under general direction of Utilities Supervisor, conducts preventative and corrective maintenance activities for sanitary sewer and storm drain collections systems; responds to SSOs, mobilizing equipment to contain, control, and clean up spills; prepares and submits O&M records.
• Mutual Aid Agreement(MAA)Agency Crews: responsible for coordinating on-call emergency response teams from partner agencies that provide support during major spills, as needed.

Participating MAA agencies include:
- City of Chino, PWD
- City of Chino Hills, PWD
- Cucamonga Valley Water District
- IEUA
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Sewer System Management Plan Section 2:Organization - City of Montclair, PWD
- City of Ontario, Municipal Utilities Company
- City of Fontana, PWD
- Jurupa Community Services District
- City of Pomona, PWD

2.3.3 SSMP Support Roles
Effective implementation of the SSMP relies upon a broad network of support personnel across multiple divisions. These roles provide essential administrative, engineering, and technical services which enable the PWD to maintain system performance, ensure regulatory compliance, and respond to sewer-related issues. The following descriptions generally outline the responsibilities of key support staff and divisions which contribute to SSMP execution, data management, permitting, inspection, and infrastructure planning:
• Administrative Personnel: provide administrative and clerical support for PWD; responsible for compiling and summarizing data for special projects and/or reports; receives phone calls regarding SSOs during business hours and directs calls to the Sewer Division. • Development Services Department: manages the permitting and approval processes; oversees the review and approval procedures of developer and/or contractor designs for sewer and storm water collection systems.
• Utilities Division: prepares, maintains, and updates sewer collection system drawings and maps; manages and implements fats, oils, and grease (FOG) and non-domestic wastewater discharge permit and source control program; develops and implements CIPs, sewer system evaluation, design standards, and capacity assurance plans; supervises and participates in the development of plans for compliance with standards, codes, and regulations. • Engineering - Capital Improvements Division: responsible for planning, designing, and managing the construction of public infrastructure projects.This includes improvements to streets, sidewalks, storm drains, sewer systems, public buildings, parks, and other city facilities.

The division oversees project development from initial concept through design, bidding, construction, and final inspection.
• Principal Engineer: under supervision of the Development Services Director, oversees the Engineering - Land Development and Transportation Division; plans, organizes, directs, and coordinates the engineering review and approval of sewer and storm drain collection system site plans, storm water calculations, and site development.
• Engineering Manager: under direction of the Assistant City Manager/Public Works Director; oversees the Capital Improvements Division and manages the planning, design, and construction of capital improvement projects such as roads, utilities, and public infrastructure. • Senior Engineer: under direction of the Engineering Manager, performs complex technical engineering work on capital improvement projects and development review; designs and participates in the administration of a wide variety of CIP projects, including sewer and storm- water drainage systems; responsible for preparing sewer and storm drain project specifications, costs, and quantity estimates.
• Associate Engineer: under direction of the Engineering Manager, performs professional-level engineering work related to capital improvement projects, cost estimates, and the preparation of plans, designs, and specifications for a wide variety of public works infrastructure projects, including sewer and stormwater drainage systems.

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Sewer System Management Plan Section 2:Organization • Public Works Inspector I/II: under supervision of the Engineering Manager, reviews construction plans and specifications, including sewer and storm drain plans for assigned projects; conducts inspections of sewer and storm drain construction; determines compliance with contract plans and specifications, the city, and other governmental regulations.

2.4 Emergency Communication Strategy and Structure
The sections below describe the City of Upland's Wastewater Emergency Communication Strategy, with a focus on the communication structure and mutual aid coordination protocols initiated in response to SSOs.

2.4.1 Purpose and Objectives
The purpose of the Emergency Communication Strategy is to establish a clear, efficient communication plan and response strategy for engaging MAA partners during a sewer spill or wastewater emergency within the city. This strategy ensures timely coordination, resource allocation, and public safety response based upon incident severity, location, and internal capacity.

The objectives of the Emergency Communication Strategy are to:
• Ensure rapid assessment and escalation of wastewater emergencies. • Facilitate clear and timely communication with MAA partners. • Optimize staffing and equipment deployment through coordinated mutual aid. • Minimize environmental, public health, and infrastructure impacts.

2.4.2 Incident Severity Levels
Incidents are classified into three response levels based upon severity, location, and capacity, as shown in Table 2-1.

Table 2-1.Incident Severity Levels
Level Criteria Response Strategy
Level 1 Small localized spill( 10,000 gallons),multiple sites,insufficient to Immediate activation of MAA partners;full coordination (Major) respond staffing/equipment,or imminent public/environmental with city Emergency Operations Center(EOC) threat

2.4.3 Communication Structure
The communication structure includes directions for internal notifications, MAA partners, and stakeholder and regulatory communication.A breakdown of the strategy for each group is summarized below:
• Internal Notification Chain:
— Field/On-call Staff informs Utilities Supervisor:
• Provides initial report and photos
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Sewer System Management Plan Section 2:Organization — Utilities Supervisor informs Utilities Manager and Environmental Compliance Programs Manager:
• Provides incident details, severity classification, and resource needs — Utilities Manager informs Deputy Director of Utilities, Assistant City Manager/Public Works Director, Emergency Coordinator:
• Confirms severity classification and resource assessment • Mutual Aid Partner Notification:
— Based upon severity, the Emergency Coordinator(or designee) will contact MAA partners using a pre-established Emergency Contact Directory which includes:
• 24/7 contact numbers.
• Available equipment lists.
• Available staffing resources.
— Communication should include:
• An incident summary(location, type, estimated volume). • Resources required (e.g., vacuum trucks, bypass pump equipment, traffic control). • Expected duration.
• Staging location and point of contact.
• Stakeholder and Regulatory Communication:
— The following stakeholders and regulatory bodies are also to be notified as part of the emergency response:
• California Office of Emergency Services (Cal OES)
• Santa Ana Regional Water Quality Control Board
• San Bernadino County Fire Department
• County Health Department
• Police Department (if needed for traffic and perimeter access control) • The public, through advisory notices (if needed)

2.4.4 Communication Tools and Methods
Emergency communication and notifications are to be conducted using the methods listed below, with all key communication documented:
• Primary: phone calls/emails with incident summary, and group text alert • Secondary: radio communication, secure group chat(e.g., Teams) All communications are to be documented/logged in the Wastewater Emergency Response Log

2.4.5 Resource Coordination Protocol
Depending on the type of emergency and preparedness status of the city, requests may be made to MAAs for resource coordination.These requests will address:
• Staff Shortages: request mutual aid for certified operators/maintenance crew • Equipment Gaps: request equipment such as bypass pumps, vacuum trucks, closed-circuit television (CCTV) inspection units
The Incident Commander will coordinate field logistics, safety briefings, and deployment.

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Sewer System Management Plan Section 2:Organization

2.4.6 Post-incident Debrief
Once the emergency has been addressed, a post-incident debrief should be held with the internal team and MAA partners within 48 to 72 hours, focused on:
• Assessing response times, effectiveness, and areas for improvement. • Updating contact lists and mutual aid inventory as needed.

2.4.7 Conclusion
A proactive, structured communication and coordination strategy is essential to minimizing the impact of wastewater emergencies. Through a tiered response and mutual aid framework, the city can ensure rapid response, resource mobilization, and regulatory compliance during critical sewer spill events.

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Section 3
Legal Authority

3.1 WDR General Order Requirement
Each enrollee must demonstrate, through sanitary sewer system use ordinances and codes, service agreements, or other legally binding procedures,that it possesses the necessary legal authority to:
• Prevent illicit discharges into its sanitary sewer system from I/I, unauthorized stormwater, chemical dumping, unauthorized debris, roots, FOG, and trash, including rags and other debris which may cause blockages.
• Collaborate with storm/sewer agencies to coordinate emergency spill responses, ensure access to storm/sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure. • Require that sewer system components and connections be properly designed and constructed. • Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the enrollee.
• Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures.
• Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable.

Applicable ordinances and codes are cited below.

3.2 Summary and Evaluation of City's Legal Authority Table 3-1 identifies the applicable sections and provisions of the Upland Municipal Code (UMC) applicable to the WDR requirements.

Table 3-1.Provisions of UMC Code
Yes/No/Not UMC Code Section/
Self-assessment Questionnaire Available Enforcement Mechanisms Does Upland have legal authority to operate a wastewater collection system? Yes UMC,Title 13,Chapter 13.32 Does Upland have a sewer user ordinance which describes how the public can Yes UMC,Title 13,Chapter 13.24,Article Ill use the city sewers?
Does the Upland sewer have a"satellite collection system"or is it a"satellite" IEUA Regional Sewerage Service Contract and Sewer to another agency,and does Upland have sewer service agreements with such Yes Service Agreements with Montclair,Claremont, agencies? LACSD and SB County
Does Upland require,through a legally binding requirement,that new sewer Yes Development Conditions of Approvals,Development systems are properly designed and constructed? Agreements,Land Development Booklet Does Upland's sewer use ordinance prohibit the discharge of FOG and other Yes UMC,Title 13 Chapter 13.32,Article Ill,Section 160 debris to the sewers?
Does Upland require a public sewer easement be recorded over any new Development Conditions of Approval,Development publicly owned sewer which is not within the public right-of-way? Yes Agreements Does Upland's ordinance include a section which allows enforcement action Yes UMC,Title 13,Chapter 13.32,Article V for violations of the sewer use ordinance?
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Sewer System Management Plan Section 3: Legal Authority The Upland community sewer system is a "satellite" collection system to the regional sewerage system owned and operated by the IEUA, formerly known as Chino Basin Municipal Water District.

Under the Regional Sewerage Service Contract with IEUA, Upland sewage is required to meet wastewater quality requirements.

Certain areas within the City of Upland cannot be served by gravity sewer systems and must instead be conveyed to treatment facilities through sewer collection systems operated by adjacent downstream jurisdictions, including the Cities of Montclair and Claremont, as well as Los Angeles County Sanitation District(LACSD) 21. Sewer service agreements with these agencies establish legal obligations for the City to comply with their respective sewer use ordinances. These requirements are detailed in the Regional Sewage Service Contract, included in Appendix B, which governs interagency coordination,treatment responsibilities, and regulatory compliance throughout the shared regional system.

Conversely, portions of the unincorporated community of San Antonio Heights rely exclusively on the Upland community sewer system for service. These sewer connections are also subject to the provisions of the Sewer Use Ordinance as outlined in a Memorandum of Understanding with the County of San Bernardino.

3.2.1 Prevention of Illicit Discharges
Per UMC Section 13.32.140 (General restrictions and prohibitions on the use of community sewers), it is unlawful for any person to discharge, or cause to be discharged, any substance into the community sewer system or any opening leading to it which, in the opinion of the Public Works Director, may obstruct sewage flow, clog or adversely affect pumps or sewer infrastructure, or interfere with the normal operation of the sewage treatment plant. Dischargers responsible for excessive maintenance or other related expenses are liable for those costs. Prohibited discharges include any waste containing substances which may precipitate, solidify, or become viscous at temperatures between 40°F and 100°F, resulting in obstruction or interference within the publicly owned treatment works (POTW). Additionally, waste which precipitates upon sewer walls or causes excessive incrustation or scaling is prohibited. The discharge of petroleum oil, non-biodegradable cutting oil, emulsified oil, or mineral oil products which form persistent water emulsions or cause interference or pass-through is also prohibited, in accordance with 40 CFR regulations.

UMC Section 13.32.160 (Special restrictions-Grease interceptors)further requires that any business where grease or other objectionable materials may be discharged, such as restaurants, bakeries, donut shops, drive-in establishments, ice cream or milk stations, hospitals, hotels, and markets, must install a grease and oil interceptor. Existing businesses identified as discharging such waste must install an interceptor within 180 days of notification. Failure to comply with this requirement may result in revocation of the nondomestic wastewater permit.

3.2.2 Proper Connections and Construction
The City of Upland has adopted the Standard Specifications for Public Works Construction, 1997 Edition, published by Building News, Inc. for the Southern California Chapters of the Associated General Contractors of America as its official standard for public works construction. These specifications govern the design and construction of the sewer system connections and infrastructure improvements within the city.

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Sewer System Management Plan Section 3: Legal Authority

3.2.3 Accessibility for Maintenance, Inspection, and Repair Upland Municipal Code (UMC), Title 15, Chapter 15.24, incorporates the California Plumbing Code by reference as the official plumbing code for the City of Upland. In accordance with this code the city requires the installation of a cleanout at the property line to facilitate maintenance access to sewer laterals located within the public right-of-way.This requirement is reflected in the General Construction Notes on all sewer improvement plans.

3.2.4 Violation Enforcement
Under Title 13, Chapter 13.32 of the Upland Municipal Code (UMC), the Director of Public Works is authorized to enforce all requirements outlined in UMC §13.32.520 and may delegate enforcement authority as provided in UMC §13.32.510. Furthermore, UMC §13.32.150 establishes the criminal penalties for any violations of the sewer use and industrial waste ordinances.

3.2.5 Easement Accessibility Agreements
The city does not currently maintain a standalone "Easement Accessibility Agreement" as referenced in public documents, previous SSMPs, or UMC. Instead, easement access rights are conveyed through recorded property deeds, development agreements, or applicable ordinances which contain general provisions regarding right of entry and inspection authority. In addition, the PWD maintains a "Right of Entry" form which allows property owners to grant the city permission to access private property for sewer-related activities. A copy of this form is provided in Appendix J of this SSMP.

Collectively these mechanisms provide the city with the legal authority to access sewer infrastructure for inspection, maintenance, and emergency response activities as needed.

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Section 4
Operations and Maintenance
Program

4.1 WDR Requirement
The SSMP must include the items listed below which are appropriate and applicable to the city's system:
• Maintain an up-to-date map of the sanitary sewer system which shows all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities, as well as procedures for maintaining and providing State and Regional Water Board staff access to the map.
• Describe routine preventative O&M activities by staff and contractors, including a system for scheduling regular maintenance and sanitary sewer system cleaning, with more-frequent cleaning and maintenance targeted at known problem areas and regular visual and CCTV) inspections of manholes and sewer pipes. The preventative maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders. • Provide training on a regular basis for staff in sanitary sewer system O&M and require contractors to be appropriately trained.
• Provide equipment and replacement part inventories, including identification of critical replacement parts.

4.2 Discussion of O&M Components
This section outlines the City of Upland's approach to managing and maintaining its sanitary sewer system through a comprehensive O&M framework. Key program elements include system mapping, asset inventory, preventative maintenance, repair and rehabilitation strategies, staff training, and equipment resources. Together, these components support the city's commitment to system reliability, regulatory compliance, and protection of public health and the environment.

4.2.1 Sanitary Sewer System Mapping
The city understands the importance of good mapping of its sewer collection system. Upland maintains both hard copies and electronic versions of drawings and maps of the sewer collection system. The Engineering and Utilities Divisions of the Public Works Department maintain a comprehensive archive of all design and as-built drawings within its plan room. Additionally, all drawings are digitized and stored in electronic formats (DWG, TIFF, and/or PDF)to ensure efficient digital access through file servers located at both City Hall and the Public Works Department.

Upland also maintains a Geographic Information System (GIS) of its entire sewer collection system using the ArcGIS mapping system under a contract with Nobel Systems. This is an alternative way to fully visualize the entire sewer system. In addition to Upland's shape files for the sewers, Nobel Systems provide parcel layers, aerial layers, and other layers, typical of a GIS database system.

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Sewer System Management Plan Section 4:Operations and Maintenance Program The Utilities Division also maintains and updates a full-size 33"x 44" sewer atlas and index map showing the entire city, and a booklet of 11"x 17" reduced-scale maps showing the sewer system in grids. Copies of these maps are provided to both the Development Services group at City Hall and Sewer Division staff for their use in mapping out their sewer cleaning and maintenance schedules and activities. A general map of the city's sewer system and surrounding jurisdictions is provided on Figure 4-1.

4.2.1.1 Sewer Inventory
Table 4-1 presents the total lengths of sewer system pipelines, which range in diameter from 3 inches to 21 inches. This data is derived from the sewer index map, supplemented by information compiled within the City's GIS-based sewer system layer and database. The majority of the pipelines are 8 inches in diameter, with most segments of the system installed between 1961 and 1980.

Figure 4-2 provides a map of the City's sewer system, symbolized by pipeline installation year.

Table 4-1.Summary of Existing Collection System
Diameter(inches) Length(feet) Installation Year Length(feet) 3 300 Unknown 21,700
4 500 c 1930 13,100
6 6,800 1931-1940 24,500
8 976,000 1941-1950 8,100
10 43,300 1951-1960 84,100
12 15,300 1961-1970 290,300
14 800 1971-1980 300,000
15 23,600 1981-1990 159,100
16 300 1991-2000 56,800
18 17,500 2001-2010 97,800
21 10,600 2011<- 39,400
Total 1,095,000 Total 1,095,000
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Sewer System Management Plan Section 4:Operations and Maintenance Program San
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Figure 4-2. City of Upland wastewater collection system IBrownAND Caldwell
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Sewer System Management Plan Section 4:Operations and Maintenance Program The city and its adjoining county unincorporated area (San Antonio Heights) is split into two major and two minor sewersheds.

Major Sewersheds
• Eastside flows are tributary to IEUA Regional Plant 1(RP-1) and are generally east of Mountain Avenue,from 26th Street to Foothill and east of Benson Avenue,from Foothill Boulevard to 7th Street. This sewershed is served by five trunk sewers, including:
- 19th Street Tributary - Campus Avenue Trunk Sewer
- 14th Street Tributary
- Arrow Tributary
- Grove Tributary - connects to the IEUA regional trunk sewer at the city boundary on Grove Avenue north of 8th Street at the northerly right-of-way line of the Atchison, Topeka and Santa Fe (ATSF) railway.
- Freeway Tributary - connects to the IEUA regional trunk sewer at Hope Avenue south of Richland in a sanitary easement abutting the northerly side of the San Bernardino Freeway right-of-way.
• West Tributary - generally west of Mountain Avenue,from 26th Street to Foothill Boulevard and west of Benson Avenue,from Foothill Boulevard to the Southern Pacific Railroad tracks (Huntington Drive); served by the Westside Interceptor. Westside flow can be directed to either RP-1 or Carbon Canyon Wastewater Reclamation Facility(CCWRF), depending upon regional system operating conditions.

Minor Sewersheds
• Montclair Service Area -areas on the southwest fringes of the city, south of Huntington Drive, west of Benson Avenue which could not be served by gravity flow into the City of Upland sewers and are covered by an inter-agency service agreement with the City of Montclair. This tributary area flows into the Montclair sewer system for conveyance to either RP-1 or CCWRF, depending upon regional operating conditions.
• Claremont Service Area - areas encompass properties along the west county line, north of Huntington Drive, south of Arrow Highway, and north of Foothill Boulevard., west of the San Antonio Channel, which cannot be served by gravity flow into the City of Upland sewer system.

These areas are covered under an interagency service agreement with the City of Claremont.

Wastewater from this tributary area flows into the Claremont system for conveyance to Los Angeles County Sanitation District(LACSD)treatment facilities .

The Upland sewer collection system is separate and not connected to its municipal storm water collection system (i.e., Municipal Separate Storm Sewer System [MS4]).The city also maintains a storm drain index map and atlas which depicts the location of all the drainage systems, both local and regional. Similar to the sewer index map,the storm drain index map is also available in the large-scale 33" x 44" plot as well as in 11"x 17" booklet formats. The drawing files, both original mylars and electronic files (TIFF, PDF formats) are archived, maintained, and updated in the PWD plan room.

4.2.2 Preventative O&M Program
To ensure the sewer collection system remains in optimal working condition,the Sewer Division of the Upland PWD conducts preventive maintenance (PM) in accordance with established schedules, as well as corrective maintenance in response to citizen complaints or service requests.

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Sewer System Management Plan Section 4:Operations and Maintenance Program The city is divided into several grids. Each segment of sewer main in the entire sewer system is programmed for sewer cleaning and flushing at least once every 24 months, or twice every 4 years.

As new sewer segments are added through development or capital projects,they are incorporated into the existing grid system and included in the routine flushing and cleaning schedule for their respective grid. Table 4-2 outlines the 24-month flushing cycle, which is organized by the grids illustrated on the system map provided in Appendix K.

Table 4-2.24-month Flushing Schedule by Grid
Grid ID Sequence and Duration(months)-24-month Cycle Target Average Linear Feet/Day San Antonio Heights 23,24,19,20 2 5,500
North Upland 26,25,30,29 3 5,500
Midwest Upland/Colonies 35,36,31,32,33 5 5,500 Central Upland 2,1,6,5,4 5 5,500
Foothill/Arrow 10,11,12,7,8,9 5 5,500
South Upland 14,13,18,17 4 5,500
Total 24 5,500
The flushing cycle commences at the upstream extents of the system, beginning in the northernmost area of the city at Grid 23 and systematically progressing southward.This top-down methodology ensures that upstream segments are cleaned first, followed by downstream segments, thereby preventing recontamination and maintaining optimal flow conditions. Collector sewers downstream of confluence points are flushed only after all tributary upstream segments have been serviced to minimize the risk of blockages caused by dislodged debris.

Table 4-2 outlines the sequential schedule for flushing activities over a 24-month cycle, beginning in San Antonio Heights (Grids 23, 24, 19, 20), followed by North Upland (Grids 26, 25, 30, 29), then Midwest Upland/Colonies areas (Grids 2, 1, 6, 5, 4, 10, 11, 12, 7, 8, 9), and ending in South Upland, at Grid 17, the southernmost portion of the system. This top-to-bottom cycle supports consistent system performance and helps maintain uninterrupted service throughout the city's sewer network.

Historical problem areas-primarily located in the older southeastern quadrant and downstream segments of the system-as well as other identified "areas of concern," are placed on a bi-monthly inspection and cleaning schedule to reduce the risk of sanitary sewer overflows (SS0s).These areas were previously inspected on a quarterly basis; however, the schedule was upgraded to bi-monthly on June 24, 2025, as part of the city's proactive measures to enhance system reliability and prevent SSOs. The locations of the areas of concern include sewer segments downstream of food service establishments (FSE), confluence points of sewer mains, and "clustering" of citizen-reported sewer lateral stoppages. The list is reviewed and updated periodically(annually at minimum)to reflect changed conditions after lining rehabilitation, sewer diversion, or capacity-enhancement projects.

The "areas of concern" list is developed by Sewer Division staff and is shown as Table 4-3.

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Sewer System Management Plan Section 4:Operations and Maintenance Program Table 4-3.Sewer System"Areas of Concern"Sewer Flushing Program Address Main ID Cause Footage Frequency 19th St./Euclid Ave(Intersection) H-6-1032 Grease(Design) 309'West Every 2 Months 1875 N.San Antonio Ave(Alley) 1-5-1000 Grease(Design) 346'North Every 2 Months 85 W.17th St J-6-1040 Grease(Design) 321'West Every 2 Months 1223 North Hills Dr J-4-1138 Buildup(Sag) 231'West Every 2 Months Tanglewood/Hummingbird(Intersection) K-9-1059 Grease(Design) 54'East Every 2 Months 20th St./Euclid Ave(Median) G-7-1050 Grease(Offset) 166'North East Every 2 Months 1333 E.Foothill Blvd(Taco King) 0-8-1028,0-8-1030 Grease(Design) 231'West,147'East Every 2 Months 837 9th Ave(Alley) P-8-1049 Buildup(Design) 295'North Every 2 Months 524 Maple Way Q-5-1044 Grease(Design) 316'West Every 2 Months Terry Way/Randy Ct(Intersection) R-4-1018,R-4-1035,R-4-1034 Grease(Design) 129'North,324'West,6'West Every 2 Months Palm Ave./Vernon Dr(Alley) R-6-1065,R-6-1057 Buildup(Corrosion) 199'North,171'West Every 2 Months 499 W Arrow Hwy(Old House) Q-6-133,Q-6-127,Q-6-126,Q-6-132(Manholes) Buildup(Design) Inspect 4 Manholes Every 2 Months 5th Ave/G St(Intersection) Q-7-1024 Grease(Design) 175'East Every 2 Months Arrow Hwy/5th Ave(Intersection) Q-7-1044,Q-7-1042 Grease(Design) 238'North,396'West Every 2 Months Arrow Hwy/9th Ave(San Antonio Hospital) Q-8-1055 Roots(Crack) 114'North Every 2 Months 9th St/6th Ave(Intersection) R-7-1064 Grease(Design) 396'West Every 2 Months 184 S.Spencer Ave S-4-1054,S-4-1055,S-4-1037 Grease(Design) 539'West,355'North Every 2 Months 1205 E 9th St R-8-P1076(Private Line) Grease(Reducer) 300'North Every 2 Months 13th Ave/A St S-8-1032 Grease(Design) 256'West Every 2 Months Loma Sola 0-9-1013,0-9-1006,0-9-1000,N-9-1023,N-9-1015,N-9-1014 Roots(Joints+Laterals) Entire Line Every 2 Months 715 N Mountain Ave(Alley) Q-4-1008 Grease(Design) 296'North Every 2 Months 7th St/Spencer Ave T-4-1047,T-4-1035 Grease(Design+Flow) 600'West+North Every 2 Months 675 E 7th St Manhole(T-7-111)T-7-1015,T-7-1019 Wipes Buildup(Design) Inspect Manhole for Every 2 Months Wipes+600'N+600'W
343 E 7th St T-7-1022,T-7-1024,T-7-1040 Grease(Design+Flow) 712'W+331'N Every 2 Months San Antonio S/O Azure Ct U-6-1020 Grease(Design) 118'North Every 2 Months Benson&Huntington R-4-1084 Grease(Design) 87'NW Every 2 Months 943 N 2nd Ave(McDonald's Alley) P-7-1000 Grease+Buildup(Corrosion) 273'North Every 2 Months I BrownANaCaldwell
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Sewer System Management Plan Section 4:Operations and Maintenance Program Table 4-3.Sewer System"Areas of Concern"Sewer Flushing Program Address Main ID Cause Footage Frequency San Antonio Ave and Foothill Blvd(Denny's) 0-5-1040 Roots(Joints) 402'West Every 2 Months I BrownANaCaldwell
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Sewer System Management Plan Section 4:Operations and Maintenance Program All daily preventative and reactive maintenance activity is documented electronically through Nobel Geoviewer by Sewer Division staff. An example summary of recent sewer maintenance activities is included as Appendix D.

Upland PWD Sewer Division staff use Nobel Geoviewer maintenance management software for tracking maintenance program activities. Nobel Geoviewer replaced IworQ's (a web-based service request management system) in early 2020.

Upland's sewer collection system inspections are conducted using CCTV cameras for video capture, fault observations and annotations, and pipe plots.A specially designed Envirosight truck with WinCan software is equipped with all the equipment and appurtenances for CCTV. The information collected is analyzed for pipeline condition assessment. Detailed assessments are completed in the field by Sewer Division staff performing the CCTV inspections. A sample CCTV inspection from a recent sewer TV-inspection is included as in Appendix E.

Depending upon workload demands CCTV inspection and condition assessments may be contracted out to specialized contractors. The results of these assessments form the basis for rehabilitation projects and Capital Improvement Plan (CIP) development.

4.2.3 Repair and Rehabilitation Plan
The City of Upland's sewer system was developed incrementally as the city expanded from its original incorporation boundaries in 1906 to its current 15-square-mile service area. As shown in Table 4-1, approximately 10 percent of the system—equating to roughly 150,000 linear feet(LF) of sewer mains—is over 70 years old. The majority, if not all, of these mains are constructed of vitrified clay pipe (VCP), which, according to the National Clay Pipe Institute (NCPI), has a service life expectancy exceeding 100 years.

The city has implemented several "trenchless" sewer rehabilitation projects using cured-in-place-pipe (CIPP) liners beginning in 1994. Since then more than 25 miles of sewer mains have been rehabilitated. Recent projects include:
• Replacement of approximately 300 LF of existing 8-inch sewer pipe along Benson Avenue north of Arrow Highway.
• Replacement of approximately 350 LF of 15-inch sewer line along Benson Avenue south of Arrow Highway.
• Replacement of approximately 200 LF of 15-inch sewer line along Arrow Highway east of Benson Avenue.
• Removal and replacement of two sewer manholes at the intersection of Arrow Highway and Benson Avenue.
• Installation of approximately 375 LF of 6-inch VCP sewer pipe along Arrow Highway west of Fairwood Way.

In 2006, the city completed a Sewer Master Plan and identified rehabilitation and replacement of aging sewer infrastructure as a project priority. The city is currently updating this plan to include a revised list of priority pipelines targeted for rehabilitation or replacement. As the majority of the system pipelines approach the end of their expected service life,the city is also working to modernize its long-term maintenance strategy, planning through 2050 and beyond.

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Sewer System Management Plan Section 4:Operations and Maintenance Program

4.2.4 Training Program and Summary
The City of Upland recognizes that comprehensive training is vital to the effective execution of maintenance activities.To ensure a high level of expertise, staff are encouraged to remain current with emerging technologies and industry best practices by participating in continuing education programs, conferences, seminars, and workshops offered by reputable organizations and manufacturers. In addition, employees are encouraged to obtain memberships in relevant professional organizations to further enhance their knowledge and professional development.

Mandatory training is required for Upland's collection system operators. Upland staff currently participate in the California Water Environment Association certification program for Collection System Maintenance Grades I through IV. The City of Upland provides ongoing in-house technical, safety, and professional development training tailored to meet the demands of staff responsibilities and support continuous workforce development.

Upland's Sewer Division staff also participate in semi-annual training sessions alongside staff from IEUA Regional Contracting Agencies (RCAs).These sessions include lectures and discussions on current issues related to the effective maintenance and operation of sewer collection systems. The training is an excellent opportunity for professional development, networking, and team building between Upland and neighboring RCAs.

Upland conducts mandatory safety training as required by the Occupational Safety and Health Administration (OSHA) and Upland's Risk Management program. In addition, Upland is developing a virtual training program for new staff which will include standard operating procedures (SOPs)for line cleaning, combination jet/vacuum truck operation, sewer grit removal, and other related tasks.

4.2.5 Equipment Inventory
Upland maintains a supply of critical parts in stock at its warehouse at the PWD City Yard, located at 1370 N Benson Ave.The Sewer Division routinely compiles and updates the parts list. The list includes pipe materials, Wye or Tee fittings, manhole covers, and rings. Equipment in the warehouse includes:
• Three combination jetter/vacuum trucks
• Two 6-inch sewer bypass trash pumps
• Two backhoes
• Two 10-cubic-yard dump trucks shared with the Water Division In addition, the City of Upland maintains a list of qualified local sewer service contractors available to perform emergency pipeline repairs. To ensure rapid response capability, annual "blanket" purchase orders are issued at the start of each fiscal year with multiple local contractors who are on call 24/7 to address urgent needs and emergencies.

The city also maintains a Mutual Aid Agreement(MAA) with the Inland Empire Utilities Agency(IEUA) Regional Contract Agencies (RCAs), enabling the sharing of resources, equipment, and personnel from participating RCAs during emergency situations.

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Section 5
Design and Performance Provisions

5.1 WDR Requirement
The SSMP must include the following items as appropriate and applicable to the city's system:
• Design criteria and construction standards and specifications for constructing and installing new sanitary sewer systems, pump stations, and other appurtenances; and for the rehabilitation and repair of existing sewer systems
• Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances; and for rehabilitation and repairs projects

5.2 Design Criteria and Construction Standards and Specifications The City of Upland follows established guidelines for the design and construction of new sanitary sewer infrastructure. Because the city's sewer collection system operates entirely by gravity—without the use of pumps, lift stations, or pressure mains—this section focuses solely on pipelines, manholes, and associated appurtenances.

Design and construction standards include the following references:
• Standard Specification for Public Works Construction - 2021 Edition, commonly referred to as the Greenbook
• City of Upland Standard Drawings CU-Z-1 through CU-Z-4, specific to sewer construction • Clay Pipe Engineering Manual published by NCPI for specifying VCP applications The Engineering and Utilities Divisions within the PWD are staffed with qualified personnel and resources capable of designing systems designed for long-term performance and reliability.

AutoCAD® is the standard platform used for producing engineering drawings, and all bid proposals are required to comply with Greenbook specifications.

Copies of the Greenbook and the Clay Pipe Engineering Manual are available at the PWD. All engineering drawings submitted by developers or consultants are reviewed by city staff to ensure compliance with established criteria and standards.

5.3 Procedures and Standards for Testing and Inspection The Engineering Division within the Public Works Department includes a dedicated construction inspection team responsible for ensuring that all projects are constructed in accordance with approved specifications. For all pipeline construction, rehabilitation, and repair projects, inspections are performed using required CCTV evaluations and comprehensive condition assessments of the underground infrastructure prior to project acceptance and commissioning of the line.

Testing methods used for public sewer improvement are as specified under applicable sections of the Greenbook standards.Testing methods for private sewer laterals are specified under applicable sections of the Uniform Plumbing Code.

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Section 6
Spill Emergency Response Plan

6.1 WDR Requirement
The city must develop and implement an annually updated Spill Emergency Response Plan (SERP) which identifies measures to protect public health and the environment. At minimum,this plan must include:
• Proper notification procedures so that primary responders and regulatory agencies are informed of SSOs in a timely manner.
• A program to ensure appropriate response to all overflows. • Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g., health agencies, regional water boards, water suppliers, etc.) of SSOs which have the potential to impact public health or reach Waters of the State in accordance with the MRP.All SSOs must be reported in accordance with this MRP, the California Water Code, other State law, and other applicable Regional Water Board WDR and National Pollutant Discharge Elimination System (NPDES) permit requirements. The SSMP must specify the officials designated to receive immediate notifications. • Procedures for managing emergency operations, including traffic control, crowd management, and other essential response activities.
• Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities.
• A program designed to ensure that all practicable measures are taken to contain, minimize, and prevent the discharge of untreated or partially treated wastewater into Waters of the United States (WOTUS), and to mitigate or correct any environmental impacts resulting from SSOs or related sanitizing activities. This includes implementing accelerated or supplemental monitoring, as necessary, to assess the nature and extent of any discharge impacts. • An annual review and assessment of the effectiveness of the Spill Emergency Response.

6.2 Summary and Evaluation of Spill Emergency Response Plan The City of Upland is committed to upholding the highest standards of public health and environmental protection through the implementation of SSO emergency response measures. These measures ensure that all practicable actions are taken to contain and prevent the discharge of sewage and wastewater into WOTUS, as well as to minimize or remediate any adverse environmental impacts resulting from SSOs.

In compliance with WDR requirements,the city has a documented SSO emergency response plan which establishes formal procedures to contain, correct, and remediate SSOs. Public Works Policy No. 4602, Sewer Overflow Response Plan (SORP), has been formally adopted as a general policy of the Public Works Department(PWD). The SORP is designed to ensure the prompt and effective response to any reported sewer spill. It also serves as a supplement to City Administrative Policy No. 601, which addresses stoppages in sewer laterals.

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Sewer System Management Plan Section 6:Spill Emergency Response Plan Further, under an MAA with the eight other entities, listed in Section 2.3.2, which are a "satellite collection system" to the IEUA regional sewerage system, Upland also adheres to the provisions and procedures defined under the SERP, published by IEUA. The SERP serves as an update to IEUA's old Overflow Emergency Response Plan, with additions made to address the latest requirements from the SWRCB. The SERP is designed to provide IEUA and its member agencies, including Upland, with emergency response procedures. It is also designed to ensure that any reported spill is responded to immediately and addresses impact mitigation. Continuous training is also addressed in the plan. The plan also meets the requirements of the National Incident Management System (NIMS). The NIMS provides a nationwide approach to incident management that integrates best management practices. IEUA's SERP is included in Appendix I.

6.2.1 Spill Notification Procedures
This policy and procedures directive describes the duties of collection system operators responding to SSOs. When an SSO is reported, Sewer Division staff are responsible for safeguarding public health and safety by taking all necessary measures to minimize impacts.This includes controlling and limiting the volume of the overflow, terminating the discharge, conducting sampling, and performing recovery and cleanup activities. Staff must also assess the situation to determine whether additional support or resources are required.

The SORP outlines the procedures initiated which take place once an SSO report has been received and confirmed through field verification.These procedures include notifying appropriate regulatory authorities and issuing public advisories when necessary.

Supplementing Public Works Policy and Procedure No. 4602 is a flow chart and response matrix developed for use by Public Works office staff, who are typically the first to receive calls and reports of sewer spills, as well as other issues related to the sewer system, public works infrastructure, and public facilities.

The SSO RCR flow chart included in Appendix F serves as a decision tree diagram which outlines the complete process following receipt of an SSO report. It details the various response pathways based on factors such as the timing and location of the incident,the type of spill, notification requirements, spill mitigation procedures, and reporting protocols. The flow chart also incorporates steps for cost recovery, as well as reporting and certification requirements through CIWQS.

The Chain of Communication and Response Matrix included in Appendix G is a standardized form used by office staff to document initial calls. It includes guided questions for callers, checkboxes for regulatory agency notifications, and detailed instructions for field responders.

In the event of an overflow, SSO response personnel will evaluate the need to post warning notices in areas where surface water bodies or ground surfaces have been impacted by contamination, in order to protect public health. These notices are intended to inform the public of potential health risks associated with sewage contamination but do not, unless explicitly stated, restrict access or use of the affected areas.All media inquiries are directed to the Assistant City Manager/City Public Works Director or City Manager's Office as appropriate.

In public-accessed areas, signage and barriers must be in place for the duration of the cleanup and disinfection process. Warning signs notifying the public of a sewage release will be posted in all affected areas. At a minimum, these signs will display the wording"RAW SEWAGE." The signs will remain in place until authorization for removal is granted by the San Bernardino County Department of Environmental Health or RWQCB staff, or until receiving water sample results confirm that background levels (as determined by upstream samples) have been restored.

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Sewer System Management Plan Section 6:Spill Emergency Response Plan

6.2.2 Compliance and Response Procedures
As an enrollee under the General Order, the City of Upland will comply with Water Code Sections 13267 and 13383, which establish enforceable monitoring, reporting, and recordkeeping requirements. The following definitions apply:
• Notification: the process of informing appropriate parties of a spill event or other activity • Spill-specific Monitoring: the collection of information and data for a specific spill event to be reported or kept as records
• Reporting:the submission of information and data into the CIWQS Sanitary Sewer System Database
• Recordkeeping: the maintenance of information and data in an official records storage system In accordance with Water Code Section 13271, any spill of 1,000 gallons or more which discharges in or on any WOTUS or is deposited in a location where it may reasonably reach such waters, the city must notify the California OES Control Number as soon as possible but no later than 2 hours after:
• The Enrollee has knowledge of the spill; and
• Notification can be provided without substantially impeding cleanup or other emergency measures.

For spills of 1,000 gallons or more,the city must provide the following spill information to the California OES before receiving a Control Number, as applicable:
• Name and phone number of the person notifying the California OES • Estimated spill volume (gallons)
• Estimated spill rate from the system (gallons per minute) • Estimated discharge rate (gallons per minute) directly into WOTUS or indirectly into a drainage conveyance system
• Spill incident description:
— Brief narrative of the spill event
— Spill incident location (address, city, and zip code) and closest cross streets and/or landmarks
• Name and phone number of contact person on scene
• Date and time the Enrollee was informed of the spill event • Name of sanitary sewer system causing the spill
• Spill cause or suspected cause (if known)
• Amount of spill contained
• Name of receiving water body receiving or potentially receiving discharge • Description of water body impact and/or potential impact to beneficial uses Following the initial notification of a spill of 1,000 gallons or more to the California OES and until such time which the city certifies the spill report in the online CIWQS Sanitary Sewer System Database, the city must provide updates to the California OES regarding substantial changes to the:
• Estimated spill volume (increase or decrease in gallons initially estimated). • Estimated discharge volume discharged directly into WOTUS or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated). • Additional impact(s)to the receiving water(s) and beneficial uses.

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Sewer System Management Plan Section 6:Spill Emergency Response Plan Once all data has been verified,the city will certify the final spill report in the CIWQS Sanitary Sewer System Database to ensure total compliance with State requirements.

For sewage spills estimated at 50,000 gallons or more that reach a surface water body,the city is required to initiate water quality sampling within 18 hours of confirming the potential discharge.

Sampling procedures guidelines include:

Sampling Locations and Frequency
• A minimum of one water sample per day is to be collected for the duration of the spill at the following locations:
— DCS-001 (Drainage Conveyance System): a point in a drainage conveyance system prior to its discharge into a receiving water
— RSW-001 (Point of Discharge): a point in the receiving water where sewage initially enters the receiving water
— RSW-001U (Upstream Point of Discharge): a point upstream of the sewage discharge in the receiving water, used to capture baseline or ambient conditions unaffected by the spill — RSW-001D (Downstream of Point of Discharge): a point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully mixed with the receiving water.

If the receiving water has no flow during the duration of the spill, the city must report "No Sampling Due to No Flow"for its receiving water sampling locations.

Required Sample Analyses
Collected samples must be analyzed for the following constituents:
• Ammonia
• Bacterial indicators, in accordance with applicable Basin Plan water quality objectives, including one or more of the following unless otherwise directed by the Regional Water Board:
— Total coliform bacteria
— Fecal coliform bacteria
— E. coli
— Enterococcus
Sampling frequency and bacterial indicators must be sufficient to demonstrate compliance with post- spill water quality standards under the California Ocean Plan and the California Inland Surface Water, Enclosed Bays, and Estuaries Plan.

Analytical and Laboratory Requirements
Sample analysis must adhere to 40 CFR Part 136, ensuring sufficiently sensitive test methods are used to assess pollutant levels. Water quality testing must be conducted by a laboratory accredited under Article 3 (Section 100825) of Chapter 4, Part 1, Division 101 of the Health and Safety Code.

The State Water Board accredits laboratories through its Environmental Laboratory Accreditation Program (ELAP).

If the city encounters access restrictions or unsafe conditions which prevent its compliance with spill response requirements or monitoring requirements in this General Order, the city must provide documentation of access restrictions and/or safety hazards in the corresponding required report.

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Sewer System Management Plan Section 6:Spill Emergency Response Plan

6.2.3 Staff and Training Requirements
As an Enrollee under the General Order, the city defines "training" as "in-house or external education and guidance needed which provides personnel with the necessary knowledge, skills, and abilities to ensure compliance with this General Order." Training is to be conducted on a regular basis for sanitary sewer system O&M staff/contractors and cover the following key areas:
• Regulatory Compliance: training on the requirements outlined in the General Order and ensuring adherence to all applicable regulations
• Spill Emergency Response: comprehensive familiarity with the city's SERP, including procedural drills to reinforce rapid and effective containment measures • Spill Volume Estimation: developing field staff expertise in accurately estimating spill volume to support consistent and reliable reporting
• O&M Procedures: instruction on SOPs, proper equipment use, and PM practices • Safety and Traffic Control: ensuring staff are trained in traffic control protocols and safety procedures, including the proper use of personal protective equipment(PPE) and hazard mitigation techniques.
• Confined-space Entry and Equipment Operation: training to reinforce safe practices for confined space entry and proper operation of tools, vehicles, and field equipment All city sewer personnel maintain certification through the California Water Environment Association (CWEA) Collection System Maintenance Program. Certification levels, required contact hours, and training records are systematically tracked and maintained to ensure ongoing compliance with current program standards.

6.2.4 Electronic Reporting Procedures
As part of State-and Regional Water Board-issued WDRs, the City of Upland is required to use CIWQS for electronic reporting of SSOs and other compliance-related data.The system is administered by the SWRCB. Electronic reporting is carried out by the city's designated Data Submitters or the Legally Responsible Official (LRO). A list of all designated personnel is included in Appendix A.

The City of Upland is responsible for reporting the following data in CIWQS:
• All SSOs, regardless of the volume and final destination of the spill • No-spill certifications for months without any occurrences of SSOs • Technical reports for Category 1 SSOs
• SSMP audits, updates, and other certification documents The city must submit and certify all reports to CIWQS within the following timelines:
• Category 1 SSOs:
— Report: within 3 business days of becoming aware of the SSO — Report Certification: within 15 calendar days
• Category 2 SSOs:
— Report: within 30 calendar days
— Report Certification: within 30 calendar days
• No-spill Months:
— Within 30 calendar days following month-end
• Technical Reports: �/7 1�
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Sewer System Management Plan Section 6:Spill Emergency Response Plan — Within 45 calendar days of the end of SSO response, when applicable Despite CIWQS being an internal database, the city must maintain records of documents required in the General Order for a minimum of 5 years.

6.2.5 Emergency Response Operations
The city is committed to maintaining an effective and coordinated emergency response system for sanitary sewer system incidents, with a focus upon rapid containment, mitigation, and public health and the environment.

In the event of a SSO or other sewer-related emergency, the city will implement its SORP, which outlines procedures for field verification, containment, cleanup, and regulatory notification. PWD staff are trained to respond promptly and effectively to minimize spill volume, prevent discharge to storm drains or surface waters, and restore normal system operations.

Key components of the city's emergency response operations include:
• 24/7 On-Call Response Teams: PWD staff serve as the primary responders, however, for after- hours incident, the Police Department and other dispatch services may supplement or backfill response personnel as needed.
• Interdepartmental Coordination: The Police Department assists with traffic control and site safety during significant emergencies. The County of San Bernardino Fire Department and Environmental Division may also be engaged for hazardous material assessments. • Containmnent and Cleanup Procedures: Crews deploy containment equipment to isolate affected areas. Vacuum trucks and portable suction units are used to recover spilled sewage and contaminated water. Solid waste and absorbent materials are transported and disposed of in full compliance of all applicable regulations.
• Regulatory Notification: The city adheres to established protocols for notifying the appropriate agencies depending upon the severity of the SSO or spill related incident. All SSOs are reported through the CIWQS database.
• Post-Incident Assessment: Following each emergency response, the city performs a post-spill evaluation to determine the root cause, assess environmental impacts, and identify necessary corrective actions. Insights and lessons learned from each spill-related event are integrated into ongoing staff training and operational improvements.
• Mutual Aid Agreements:The city leverages the MAA established through IEUA to ensure the availability of appropriate equipment, personnel, and resources necessary for an effective response to spill events.

This comprehensive approach ensures that the City of Upland responds effectively to sewer system emergencies, has the ability to minimize environmental impacts, and ensure its commitment to public safety and compliance with all regulatory requirements.

6.2.6 Spill Containment
The spill containment process begins with the prompt isolation of the affected area, using appropriate containment equipment to prevent the spread of sewage runoff. Plastic sheeting or tarps may be deployed to redirect flow and cover storm drains.

Supplies and materials used include:
• Absorbent pads
• Spill socks
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Sewer System Management Plan Section 6:Spill Emergency Response Plan • Polyurethane berms
• Heavy-duty plastic sheeting or tarps
• Sandbags
• Shovels and rakes
• Squeegees
• Safety cones or barricades
• PPE
• Disinfectants and cleaning agents

6.2.7 Spill Removal and Disposal
The spill removal process includes the following steps:
• Extraction: Remove sewage and contaminated water using vacuum trucks or portable suction equipment.
• Collection: Gather all solid debris and absorbent materials used during containment(e.g., booms, pads, soil, etc.)
• Disposal: Transport all waste in sealed, labeled containers to an approved disposal site.

All recovered sewage and associated waste materials are transported to and legally disposed at the IEUA drying beds located in Chino, CA. This facility is fully permitted to receive and process municipal wastewater in compliance with all applicable regional environmental regulations.

6.2.8 Post-spill Assessment Procedures
Following an SSO event, the city must conduct a comprehensive post-spill assessment to evaluate the incident, identify environmental impacts, and implement appropriate corrective actions. The post-spill assessment must include, at minimum:
• Incident Review and Failure Analysis:
— Personnel must investigate the root cause of the spill, evaluate system performance, and perform corrective action planning.
• Environmental Impact Assessment:
— When applicable, the city must evaluate the extent of the spill on local storm drains, surface waters, and surrounding land areas,then assess the potential risks to public health and safety.
• Post-spill Reporting and Compliance:
— All findings from SSOs must be reported to the relevant regulatory agencies. Public notifications shall be issued as appropriate, and insights gained from the incident will be integrated into future staff training programs.

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Sewer System Management Plan Section 6:Spill Emergency Response Plan

6.2.9 Documentation
The city is required to maintain comprehensive records of all spill events, response actions, and corrective measures. As applicable, documentation following spill events within the city may include:
• Incident Reports: spill location, volume estimates, root-cause analysis, and response actions taken.
• Water Quality Sampling Records: laboratory results for post-spill assessments • Corrective Action Logs: documentation of infrastructure repairs, maintenance activities, and implemented procedural improvements.

Following a spill event, the City is responsible for submitting all required notifications to the CIWQS database and the appropriate local and state agencies, as dictated by the spill volume.The City must also provide spill reports to the public upon request. In addition, the City is required to maintain comprehensive records of sewer system audits, historical spill data, and staff training activities.

6.2.10 Spill Emergency Response Plan Updates
The SERP is a dynamic document that will be updated as necessary to reflect current policies, procedures, and best practices. It will be periodically reviewed to insure accurate content information, forms, and operational procedures. These reviews will verify that all plan provisions are being effectively implemented, and any identified deficiencies or required updates to the SSO response plan will be promptly addressed.

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Section 7
Sewer Pipe Blockage Control
Program

7.1 WDR Requirement
Each enrollee must evaluate its service area to determine whether a sewer pipe blockage, roots, and FOG control program (Blockage Control Program) is needed to control FOG, rags, debris, and roots. If an enrollee determines that a Blockage Control Program is not needed,justification must be provided. The SSMP is to include the following as appropriate:
• An implementation plan and schedule for a public education outreach program which promotes proper disposal of pipe-blocking substances
• A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area.
• The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages
• Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, and recordkeeping and reporting requirements
• Authority to inspect grease-producing facilities and enforce city requirements, and whether the enrollee has sufficient staff to inspect and enforce the FOG ordinance • Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning and maintenance schedule for each section
• Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system
• To address roots, the procedures must, at minimum, identify, document, and address system areas and components prone to root intrusion potentially resulting in system backup and/or failure, and implementation of coordination measures to reduce recurrence of root intrusion for the system areas and components

7.2 Summary and Evaluation of City's Sewer Pipe Blockage Control Program
The City of Upland is predominantly a residential community; however, commercial corridors such as Historic Route 66 (Foothill Boulevard) and Mountain Avenue include several FSEs that have historically experienced blockages and sewer backups within their private service laterals.

Additionally, sewer segments located downstream of multi-family residential complexes have occasionally been reported to experience similar backup issues.

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Sewer System Management Plan Section 7:Sewer Pipe Blockage Control Program As part of the routine sewer cleaning and flushing program, Sewer Division maintenance staff record their observations electronically using the Nobel GeoViewer app, as detailed in the Sample of Sewer Maintenance - Daily Activity Report Form, included in Appendix C. Observations may include grease accumulations (`grease logs') which are dislodged, broken apart, and removed when feasible. In some instances, grease is allowed to travel downstream for capture and removal at bar screens, comminutors, or equalization basins at the regional treatment plants. In compliance with the city's Pretreatment Program requirements, the City of Upland has implemented a Non-Domestic Wastewater Permit Program since 1990, in accordance with Section 13.32.200, Article III, Chapter

13.32, Title 13 of the Upland Municipal Code. This program establishes regulatory oversight of non- residential dischargers to ensure compliance with local, state, and federal wastewater discharge standards.

Additionally, Upland Municipal Code Section 13.32.160 requires that any business where grease or other objectionable materials may be discharged - such as restaurants, bakeries, donut shops, drive-in eateries, ice cream parlors, hospitals, hotels, and markets - must install and maintain a grease and oil interceptor to prevent FOG from entering the public or private sewer system.

Currently, the city issues permits to approximately 209 permitted FSE's. However,there are likely additional FOG-contributing sources within the community, including institutional kitchens, school cafeterias, and catering operations, which may also discharge FOG into the sewer system and warrant monitoring or regulation.

7.2.1 Public Education and Outreach Program
Public outreach and education, led by the Utilities Division/Environmental staff, are ongoing activities and integral components of source control and the implementation of the pretreatment program. The city's Environmental Compliance Inspectors distribute brochures and informational pamphlets to FSE staff in the course of their inspections. FOG disposal information is also available on the City of Upland's website. In addition, educational brochures and handouts are provided at public information counters at City Hall. During inspections, magnetic reminder cards are distributed to kitchen staff at FSEs and are also shared with the public at community outreach and educational events.

7.2.2 Blockage Disposal Procedures
Solidified fats encountered in the collection system - such as grease logs, grease balls, or pellets - along with other debris removed during routine cleaning and flushing operations are captured, collected, and disposed of as solid waste. FOG in liquid or emulsified form is typically flushed downstream through the hydro jetting process and conveyed to the IEUA regional trunk lines and finally the wastewater treatment and reclamation facilities for treatment and disposal.

Grease-laden wastewater removed from grease interceptors by licensed waste haulers must be documented with a waste manifest. Copies of these manifests, including information on final disposal locations must be submitted to Environmental Division staff within a specified timeframe.

As referenced in Section 6.2.7, all recovered sewage and related waste materials must be transported and legally disposed of at the IEUA drying beds located in Chino, California.

In cases where FOG or non-domestic wastewaters require cleanup or disposal, FSE managers may choose to coordinate with third-party pumping and disposal companies. The City of Upland provides the following list of companies known to offer such services within the region. This list is not exhaustive, and the inclusion of any company does not constitute an endorsement or recommendation by the Environmental Division. FSEs are responsible for selecting service providers at their own discretion, based upon individual business needs and regulatory compliance.

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Sewer System Management Plan Section 7:Sewer Pipe Blockage Control Program The city encourages all parties to confirm that any contractor or hauler engaged for these services be properly licensed, permitted, and qualified to handle wastewater-related materials in accordance with state and local regulations.

Grease Pumpers (Listed Alphabetically):
• Baker Commodities 800.427.0696
• Darling Trap Cleaning 323.583.6311
• Disposal Control 909.984.3631
• Inland Pumping 951.734.8816
• J.C.'s Grease Buyers 951.736.1198
• K Vac Environmental 909.476.2308
• Minuteman Pumping 714.556.7867
• SMC Grease Specialist 951.788.0642
• Whitehouse Sanitation 951.652.5861

7.2.3 Legal Authority
The legal authority to restrict and prohibit FOG discharges to the sewer system is discussed extensively in this SSMP under Section 3: Legal Authority. UMC Section 13.32.160, Special Restrictions - Grease Interceptors requires that any type of business, such as but not limited to restaurants, bakeries, donut shops, drive-in eating establishments, ice cream or milk stations or drive-ins, hospital, hotels, markets, etc., where grease and other objectionable materials may be discharged to the sewers, must have a grease and oil interceptor. This section of the code also includes requirements for the maintenance and upkeep of such grease interceptors. As mentioned in Section 2.2, the Assistant City Manager/Public Works Director is the Legally Responsible Official in charge for implementation of the SSMP.

7.2.4 Requirement to Install Grease Removal Devices
To prevent sewer pipe blockages and SSOs,the city requires the installation of grease removal devices in FSEs and other facilities which generate grease-laden wastewater. These devices, including grease interceptors and traps, must be properly sized, installed, and maintained to ensure compliance with the General Order for Sanitary Sewer Systems and local discharge regulations.

All applicable facilities within the city must:
• Install approved grease removal devices in accordance with the city's municipal code and industry standards.
• Conduct routine maintenance and cleaning to prevent excessive grease accumulation. • Maintain disposal records/manifests, submitting copies to PWD Environmental Division staff within a certain period.
• Undergo periodic inspections to verify compliance with grease management requirements.

Failure to install or maintain grease removal devices may result in enforcement actions, including fines, operational restrictions, or additional compliance measures. The city will continue to monitor grease-producing establishments to ensure adherence to best practices for sewer system protection.

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Sewer System Management Plan Section 7:Sewer Pipe Blockage Control Program

7.2.5 Authority to Inspect Grease-producing Facilities To ensure compliance with the Sewer Pipe Blockage Control Program, the city reserves the authority to inspect grease-producing facilities, including FSEs, commercial kitchens, and other businesses which discharge FOG-laden/non-domestic wastewater into the sanitary sewer system.

Inspection Authority and Legal Basis
The city's Environmental Division staff is authorized to conduct inspections under:
• SWRCB General Order requirements.
• City of Upland municipal code governing wastewater discharge and grease management. • Local sewer pipe blockage ordinances which ensure compliance with grease removal device installation and maintenance.

Inspection Procedures and Compliance Verification
Routine inspections are to be conducted by the PWD Environmental Division staff to:
• Verify proper installation and maintenance of grease removal devices. • Assess grease disposal practices and ensure waste manifests are submitted within the required timeframe.
• Identify non-compliant facilities with the potential to cause SSOs and perform follow-up inspections.

Enforcement Actions for Non-compliance
FSEs and other businesses found in violation of grease management requirements may be subject to:
• Corrective action requirements for immediate compliance measures. • Fines or penalties for repeated violations.
• Operational restrictions if grease management practices pose a risk to the public or environment.

The city will continue to monitor grease-producing establishments to ensure adherence to best practices for sewer system protection.

7.2.6 Special Maintenance Sites and Cleaning Schedule
As discussed under Section 4: Operations and Maintenance Program, the city has an "areas of concern" cleaning program whereby several pipe segments are cleaned on a bi-monthly frequency.

The list includes several of the "identified" FOG-prone sewer segments.These segments are typically cleaned by hydro jetting or rodding of blockages, whether by grease build-up or root intrusions, are encountered.

The city plans to continue with the current cleaning program, as well as work with the permitted FSE's to implement best management practices,to minimize the discharge of FOG-laden non- domestic wastewater.

7.2.7 Implementation of Source Control Measures
The City of Upland's Non-Domestic Wastewater Discharge Permit Program along with its associated monitoring, sampling, inspection, and public education components, has been effective in minimizing FOG-related issues within the sewer system. The implementation of Best Management Practices (BMPs) by FSE kitchen staff - including scraping food waste, dry-wiping dishes and utensils IBrown...Caldwell
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Sewer System Management Plan Section 7:Sewer Pipe Blockage Control Program prior to washing, maintaining general housekeeping standards, and properly handling and disposing of used cooking oil - has significantly contributed to the reduction of FOG discharges.

To support ongoing compliance and efficient program administration, the city utilizes a commercial off-the-shelf software solution called Linko. Linko is a reputable compliance and pretreatment software platform developed by Aquatic Informatics.This software is a specialized FOG management program designed to enhance regulatory oversight and streamline enforcement. Upland's Environmental Division uses the software for the following functions:
• Tracking facility information, contacts, communication records, violation notices, and sampling/monitoring results
• Maintaining records of grease interceptor sizes, cleaning frequencies, grease haulers, and maintenance schedules
• Scheduling and tracking inspections, grease interceptor cleanings, and related activities using customizable calendar views (weekly, monthly, and annual) • Generating and distributing compliance letters, inspection results, and enforcement notices to permitted dischargers and FSEs
Appendix H provides a comprehensive list of active Non-Domestic Wastewater Discharge Permittees and potential FOG contributors currently monitored and managed through the compliance management system software.

The city's Environmental Division inspection staff will continue to monitor and promote the implementation of BMPs during their FSE inspection programs and incorporate BMP requirements in their permit issuance and renewal process.

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Section 8
System Evaluation , Capacity
Assurance, and Capital
Improvements

8.1 WDR Requirement
The SSMP must include procedures and activities for:
• Routine evaluation and assessment of system conditions: actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of appropriate flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity), and the major sources that contribute to the flows associated with overflow events.The evaluation must also identify system assets vulnerable to direct and indirect impacts of climate change. • Capacity assessment and design criteria: where design criteria do not exist or are deficient and/or limit capacity, undertake the evaluation identified to establish appropriate design criteria. • Prioritization of corrective actions: the steps needed to establish a short-term and long-term capital improvement plan (CIP)that includes prioritization, alternative analysis, and schedules of projects to address identified hydraulic deficiencies. The CIP may include pipe size increases, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP must include an implementation schedule and identify funding sources. • A capital improvement plan: enrollee must prepare and implement a CIP that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. The enrollee must develop a schedule of completion dates for all portions of the CIP. This schedule will be reviewed and updated consistently with the SSMP review and update requirements as described in the General Order.

8.2 System Evaluation and Condition Assessment
The city last prepared and implemented a Sewer Master Plan in 2006. That plan incorporated land use changes that had occurred since 1998 and included a comprehensive system capacity review to assess the current condition of the city's sewer system. It also identified needs to replace, rehabilitate, and expand the system to support growth and redevelopment. Since the completion of the 2006 update,the city's service area has experienced continued development and notable changes to its sewer flows related to water demand reductions, associated drought conditions, and conservation efforts. Due to these changes,the city recognized the importance of updating its Master Plan and developing a CIP for infrastructure upgrades and construction for its wastewater collection system. The city is currently undertaking an effort to update its Master Plan, with the final IBrown...Caldwell
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Sewer System Management Plan Section 8:System Evaluation,Capacity Assurance,and Capital Improvements report to be completed in 2025. The updated Master Plan is being developed as a long-term planning tool to study the impacts of projected growth and development upon hydraulic capacity. The following accomplishments and benefits will be realized through preparation of the Master Plan:
• Defines the long-term needs of the city sanitary sewer system, including capacity improvements and condition assessment and rehabilitation planning.
• Provides a detailed description of the collection system and documents flow routing for use in operating and planning new pipelines.
• Provides valuable information for making decisions upon collection system operations, financing, staffing, and building permitting.
• Provides the basis for financial planning so that resources are available when needed. • Reduces the cost of planning, design, and construction by providing an accurate system description.
• Facilitates proactive management of the sanitary sewer system.

The city is located inland and maintains sole responsibility for its wastewater collection system, which operates independently of the stormwater system. Due to the complete separation of wastewater and stormwater infrastructure - and the fact that all wastewater system components are located underground - significant or immediate impacts related to climate change are not currently anticipated. However, potential increases in rainfall intensity, combined with aging infrastructure, could contribute to elevated rainfall-dependent inflow and infiltration (RDII), potentially leading to SSOs. The city's ongoing planning, asset management, and preventative maintenance efforts are designed to proactively address these risks and ensure long-term system resilience in the face of climate-related challenges.

8.2.1 Capacity Enhancement Measures
The findings of the Master Plan are based upon the hydraulic and observed conditions of the city's existing collection system.As development increases within the city, some pipelines may need to be replaced, rehabilitated, or modified to provide sufficient capacity in the system for increased flows.

Upland has been using sewer flow simulation software since 1983 when an engineering firm, Neste, Brudin and Stone, developed the city's first computer model (DOS-based, BASIC language programming) which used flow, velocity, and time of travel to represent actual sewer system conditions. The timed-flow program used the Manning's equation and solved directly for depth of flow within each pipe. Depth-of-flow information is essential for city staff to evaluate sewer pipeline capacity.

As part of the 2025 Master Plan update, the city's hydraulic model was re-developed using Innovyze InfoWorksTM ICM. This dynamic modeling software computes wastewater flows based upon user- supplied information on land use, unit flows, peaking factors, and I/I allowances. Flow calculations are validated using flow monitoring data collected in the field over a period of at least 4 weeks. The updated hydraulic model includes various future city development scenarios and identified pipeline segments which could be deficient. The future scenarios modeled include low-versus high-intensity redevelopment and low versus high water use conservation impacts and include a review of potential impacts of development within its sphere of influence, particularly the adjacent San Antonio Heights areas which could be served by gravity flow through the city's sewer system.

The preliminary findings of the Master Plan do not indicate any existing capacity deficiency within the city's existing collection system. Future development plans will be reviewed and assessed to determine if capacity improvement projects are needed during Master Plan implementation.

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Sewer System Management Plan Section 8:System Evaluation,Capacity Assurance,and Capital Improvements

8.2.2 Condition Assessment
As part of the 2025 Master Plan, an initial review of the existing collection system is being performed to identify priority areas for near-term rehabilitation or replacement. This assessment was based upon a combination of city staff observations, maintenance records, and pipe age information. As part of the next steps, the city has identified the need to perform a system evaluation to better understand and plan for future rehabilitation and replacement needs. The evaluation will include CCTV inspections, with locations phased based upon input from city staff, maintenance records, pipeline age, areas where rehabilitation or replacement has already occurred, and areas which may have a higher environmental risk if a line break or SSO occurred.

Based upon CCTV results and the condition assessment, a prioritized list of projects will be established to develop a near-term CIP to be implemented on schedule with the city's biennial budget, as well as a long-term CIP. Projects will be identified based upon condition and risk of failure.

In addition, areas with known developments or other capacity-related issues will be considered.

8.3 Capacity Assurance and Design Criteria
The 2025 Master Plan effort has been using the updated hydraulic model of the collection system to evaluate the existing system's ability to convey current and future flows. Using a 10-year, 24-hour design storm to assess potential and future peak flow events,the preliminary results do not indicate any hydraulic deficiencies.Additionally,the city has not reported or recorded any incidents of sanitary sewer overflows caused by hydraulic deficiency.

As noted in Section 5.2, the city uses Greenbook standards for design of its collection system. Based upon the capacity assessment,these standards provide adequate system capacity.

8.4 Prioritization of Corrective Action
See Section 4.2 for details on the city's approach for urgent and non-urgent repairs. Section 8.5 provides an overview of the city's CIP.

8.5 Capital Improvement Plan and Schedule
The city recognizes the essential role of capital improvement projects in sustaining a reliable and efficient sanitary sewer system and has consistently advanced rehabilitation and replacement(R&R) efforts as part of its ongoing infrastructure strategy.The forthcoming 2025 Sewer Master Plan will outline an updated list of short-and long-term projects required to address system deficiencies and accommodate future growth. Additionally, as part of the development review process, the city typically requires developers to submit conceptual sewer studies.These reports are used to assess capacity demands, evaluate and compare alternative solutions based upon current and projected operational needs, and recommend preferred strategies which align with the city's comprehensive sewer system planning framework.

As previously noted, flow modeling results indicate that the existing sewers appear to have adequate capacity; thus, the CIP will emphasize R&R projects.A complete list of near-and long-term projects, including projected costs, will be included in the 2025 Master Plan.

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Section 9
Monitoring, Measurement and
Program Modifications

9.1 WDR Requirement
The Enrollee must:
• Maintain relevant information which can be used to establish and prioritize appropriate SSMP activities.
• Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP.
• Assess the success of the PM program.
• Update program elements, as appropriate, based on monitoring or performance evaluations. • Identify and illustrate SSO trends, including frequency, location, and volume.

9.2 Data Collection and Reporting
The City of Upland maintains various systems and procedures to support the collection, management, and reporting of data essential to successful SSMP implementation. These systems enable the city to monitor performance, assess system condition, document maintenance activities, and ensure regulatory compliance. Major data management activities are established and prioritized as follows:
• Nobel Geoviewer:A computerized maintenance management system (CMMS) used to schedule, track, and document preventative and corrective maintenance activities, including hydro jetting, root removal, and repairs.
• CityGIS (Digital Map Products): A web-based GIS mapping platform which stores and displays sewer collection system attributes such as pipe material, diameter, installation date, and manhole locations. It supports spatial analysis and asset management. • Maintenance Records: Hard copies of cleaning logs and documentation of all preventative and corrective maintenance activities are retained for internal review and audit purposes. • CCTV Inspections: Video inspections are conducted to assess the condition of sewer mains, identify defects, and prioritize rehabilitation or replacement projects. • Electronic SSO Reporting Systems: The city utilizes multiple platforms to report and track SSOs, including:
— CIWQS:Administered by the SWRCB,this system tracks SSO volume, location, cause, and regulatory response. It also manages permits, inspections, violations, and enforcement actions.
— RWQCB's 2-hour/24-hour Reporting Portal: Used to meet mandatory notification timelines for SSOs which reach surface waters or pose a public health risk.

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Sewer System Management Plan Section 9: Monitoring, Measurement and Program Modifications Using the information available in the Nobel Geoviewer system and the SSO reporting system,the city will be able to measure the effectiveness of the SSMP by tracking the various parameters related to service calls and maintenance and inspection activities, as well as by comparing SSO trends from previous years and identifying system components which continually contribute to system deficiencies. Specifically,the city plans to track the following parameters to measure the SSMP efficiency and its effectiveness in reducing SSOs:
• Number of SSOs per year
• Volume of SSOs per year
• Number of dry weather SSOs per year
• Number of SSOs per year by cause (e.g., roots, grease, pipe failure, I/I, pump failure or other deficiency, etc.
• Response time to SSOs and other service calls (time from call received to first responder arriving on site)
• Length of gravity sewers cleaned annually
• Actual versus scheduled cleaning dates for gravity sewers • Annual CCTV inspections
• Condition ratings develop to help prioritize future sewer rehabilitation projects and maintenance activities, and update other SSMP program activities as required

9.2.1 Nobel Geoviewer
The city uses the Nobel Geoviewer platform to support comprehensive data management across its sewer infrastructure. This GIS-integrated system enhances operational efficiency, regulatory compliance, and real-time field responsiveness through the following key functions:
• Work Order Management:
— Schedule, assign, and monitor maintenance activities such as hydro jetting, CCTV inspections, and pipeline repairs.
— Have field crews access and complete work orders in real time via a mobile application. — Provide seamless integration with CMMS for task tracking and resource planning. • Asset Mapping and Inventory:
— Access detailed GIS maps of sewer infrastructure, including pipelines, manholes, lift stations, and more.
— Link each asset to photographs, maintenance history, and condition ratings. — Collect and update field data using GPS-enabled devices. • Inspection and Condition Assessment:
— Record inspection outcomes, including CCTV footage, defect codes, and condition scores. — Align inspection protocols with National Association of Sewer Service Companies' (NASSCO) Pipeline Assessment Certification Program (PACP) standards for consistent pipe condition assessment.
— Monitor long-term asset health and prioritize rehabilitation or replacement projects. • Preventative Maintenance Scheduling:
— Automate recurring maintenance based upon time intervals, system usage, or risk profiles.

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Sewer System Management Plan Section 9: Monitoring, Measurement and Program Modifications - Schedule tasks such as hydro jetting, root intrusion removal, and manhole inspections. • Reporting and Compliance:
- Generate reports to support internal operations and fulfill regulatory requirements, including SSMP documentation.
- Use custom dashboards and key performance indicators to monitor system performance, maintenance backlog, and compliance metrics.
• Real-time Field Integration:
- Enable field crews to access data offline and sync updates when reconnected. - Capture field notes, asset condition updates, and photographs directly through the mobile app.
• Leak and Overflow Response:
- Rapidly dispatch emergency crews to respond to SSOs or pipeline leaks. - Trace flow direction and identify upstream/downstream connections, as well as impact zones.

The GIS maps are a primary tool in prioritizing and scheduling sewer assessments and maintenance activities in the PM program. The city continues to perform extensive data collection and analysis to optimize efficiency and effectiveness of its wastewater collection and conveyance system.

9.3 Procedures for Assessing PM Activities
The following evaluations and assessments are used to define, track, and measure SSMP effectiveness.

9.3.1 Assessment of Program Modifications
CCTV inspection is used to assess the condition of sewers. The city uses a rating system which is based upon the type and severity of defects. The damage (or deficiency) ratings range from 1 (no damage - excellent)to 100 (emergency) condition. The condition ratings trigger follow-up actions which may include:
• Increased monitoring and maintenance to keep a problem sewer fully operational while a capital improvement project is being developed and implemented to provide a long-term solution. • Development of rehabilitation and/or replacement projects which are scheduled, implemented, and prioritized based upon damage ratings:
- Ratings from 1 to 20 are sewers in excellent to good condition and are scheduled for continued monitoring and inspections once every 10 years. - Ratings from 21 to 40 are sewers considered to be in fair condition and are scheduled for follow-up inspections once every 5 years.
- Ratings from 41 to 60 are sewers considered to have moderate damage or deficiencies.

These sewers are closely monitored and are included in the CIP for replacement and/or rehabilitation within 5 years.
- Ratings from 41 to 60 which also involve an increase in preventive measures, as appropriate,to avoid emergency situations;follow-up inspections are conducted annually. - Ratings from 61 to 100 are sewers considered to have severe to emergency conditions.

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Sewer System Management Plan Section 9: Monitoring, Measurement and Program Modifications crack which could lead to pipe failure. Emergency conditions are sewers where a pipe failure has already occurred or there is a full flow obstruction. Severe and emergency conditions are immediately repaired and restored.

9.3.2 Operation and Maintenance Program
The city has a proactive and preventive maintenance program for its collection system. Maintenance is performed by Sewer Division staff. Preventive maintenance focuses on "critical" areas, e.g., have a history of problems, either from sewer backups caused by roots and debris, FOG, and other causes, as documented and tracked with the Nobel Geoviewer software..

The critical sewer segments are identified, prioritized, and scheduled for maintenance based upon a comprehensive review of maintenance history and system characteristics of all sewers in the city including overflows, blockages, excessive maintenance, age, pipe material, and condition assessment records.

In an effort to prevent SSOs, flow monitoring and CCTV records are reviewed to identify potential defects in the system. Through this process, sewer locations with high flow levels and poor conditions are identified. The assessment activities generate further reviews to determine cause and/or may trigger immediate or accelerated corrective actions. Maintenance priorities are set based upon the relative severity of the problem.

In addition to the focused PM efforts, the city has implemented a proactive maintenance program where "non-problem" sewers are also scheduled for maintenance and cleaning on a less frequent basis. This proactive maintenance program includes cleaning and maintenance of the entire system at least once every 18 months. On an annual basis,the city performs approximately 800,000 LF of PM cleanings, which is equivalent to approximately 150 miles of sewers.

9.3.3 SSO Response
PWD managers and sewer utility staff meet biannually to review emergency policies and procedures outlined in the SSO Response Plan (Public Works Policy and Procedure No. 4601) and collaborate upon methods and procedures which will improve performance. Aggressive performance standards for timely response to SSOs are established and communicated to overflow response teams.

Response protocol is reviewed periodically and updated as needed based upon a review of established and actual response times.

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Section 10
Internal Audits

10.1 WDR Requirement
As part of the SSMP,the enrollee must conduct periodic internal audits appropriate to the size of the system and number of SSOs. At a minimum, these audits must occur every 3 years, and a report must be prepared and kept on file. The audit focuses on evaluating the effectiveness of the SSMP and the enrollee's compliance with the SSMP requirements identified in the General Order.

10.2 Internal Audit Procedures
SSMP goals and performance parameters are set each year as part of the collection system improvement strategic planning process. Progress is measured and reported on an ongoing basis to meet the defined SSMP goals. Any differences between targeted goals and actual results are identified, and mitigation measures are developed and implemented to improve performance.

The scope of the SSMP audit will cover performance measures and benchmarks which are established through:
• SSMP audit checklist
• Ongoing performance reviews of the SSMP
• Experienced personnel audits of the SSMP at least once every 3 years, which entails:
- Evaluating all parts and sub-parts
- Identifying any deficiencies
- Making recommendations for improvements and updates as appropriate - Maintaining audit reports and related materials in a comprehensive hard copy and electronic document tracking and management system
Audit results will be included in the SSMP Audit Report. The SSMP Audit Report will focus on the effectiveness of the SSMP program and compliance with the General Waste Discharge Requirements program and will identify any revisions which may be needed for a more effective program.

Information collected as part of Section 9 - Monitoring, Measurement, and Program Modifications will be used to prepare the audit. Tables, figures, and charts will be used to summarize information regarding performance indicators. The city will certify the completion of the audit every 3 years.

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Section 11
Communication Program

11.1 WDR Requirement
The enrollee will communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communications must ensure that the public is given the opportunity to provide input during both the development and implementation of the program.

The enrollee must also create a plan of communication with collection systems which are tributary and/or satellite to the Enrollee's sanitary sewer system.

11.2 Summary of City's Communication Program
The city's primary sewer system users include residential, commercial, and industrial customers located within Upland. Additionally, one satellite agency - the unincorporated community of San Antonio Heights-contributes flow to the city's sanitary sewer collection system. The satellite agency primarily serves residential customers who are connected to collector sewers located within its designated service area.

Copies of the current SSMP document will be available to interested parties at the PWD office at 1370 N Benson Avenue during normal business hours. It is also available online at the City of Upland website under the heading `What's New - Sanitary Sewer System Management Plan."

11.2.1 Public Communication Procedures
In the event of an SSO or service disruption the city communicates directly with affected residents using methods which prioritize accessibility and timeliness. Public communication may include the distribution of printed notices, door-to-door communication, and physical posting of informational pamphlets in impacted areas. Residents may also contact the city's PWD at 909.931.4100 or visit www.uplandca.gov . Additionally,the Upland Public Works app is another way for residents to report issues, upload photos, and receive notifications when their requests have been addressed.

Submitted reports are transmitted directly to the city, which expedites response times.

11.2.2 System Connection Communication Procedures
Information regarding how to connect to the city's sanitary sewer system is made available to property owners and developers through the City of Upland's website or by contacting PWD. To request assistance or obtain details regarding system connection procedures, applicants may contact the city's PWD at 909.931.4100 or visit www.uplandca.gov.The Upland Public Works app may also be used to submit inquiries related to system connections.

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Section 12
References
City of Upland Municipal Code.Code of Ordinances.Available at https://ecode360.com/UP5026(2025) .

Inland Empire Utilities Agency, 2025.Sewer System Management Plan - 2025 Final, IEUA,April 2025, https://www.ieua.org/wp-content/uploads/2025/04/IEUA-2025-SSMP-Final.pdf(2025) .

Orange County Sanitation District, 2024.Sewer System Management Plan,Volume II,Appendix B,OC San,June 2024, https://www.ocsan.gov/wp-content/uploads/2024/06/OC-San-SSMP-Vol-IIAppBS-1.pdf(2025) .

State Water Resources Control Board, 2022.Certified Sanitary Sewer Systems General Order, California Water Boards, December 2022,
https://www.waterboards.ca.gov/board decisions/adopted orders/water quality/2022/wqo 2022-0103- dwo.pdf(2025).

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Section 13
Limitations
This document was prepared solely for City of Upland in accordance with professional standards at the time the services were performed and in accordance with the contract between City of Upland and Brown and Caldwell dated December 12, 2022.This document is governed by the specific scope of work authorized by City of Upland; it is not intended to be relied upon by any other party except for regulatory authorities contemplated by the scope of work. We have relied on information or instructions provided by City of Upland and other parties and, unless otherwise expressly indicated, have made no independent investigation as to the validity, completeness, or accuracy of such information.

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Sewer System Management Plan
Appendix A: CIWQS-Registered City of Upland Team
Members
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Sewer System Management Plan Appendix A:CIWQS-Registered City of Upland Team Members The following City of Upland employees are currently registered with CIWQS as Legally Responsible Officials and Data Submitters:
• Damien Arrula
o Title: Assistant City Manager/Public Works Director ■ Legally Responsible Official
• Vacant
o Title: Deputy Director of Utilities
■ Data Submitter
• Nicole deMoet
o Title: Environmental Compliance Programs Manager
■ Data Submitter
• Norberto Ferreira
o Title: Acting Utilities Manager
■ Data Submitter
• Jason Lara
o Title: Utilities System Supervisor -Sewer Division
■ Data Submitter
• Erik Stene
o Title: Regulatory Compliance Specialist
■ Data Submitter