Agenda — Industry City Council, March 28, 2024

CITY OF INDUSTRY

CITY COUNCIL

REGULAR MEETING CAT OF MOUSETRY
Mayor Cory C. Moss
AGENDA
* Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
MARCH 28, 2024 ANGELES COUN Council Member Mark D. Radecki 9:00 AM Council Member Newell Ruggles
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
Califomia
Addressing the City Council:
< Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda.

In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.

Public Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.

Anyone wishing to speak to the City Council is asked to complete a Speaker's Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.

At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement.
www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 266 937 505 33
Meeting Passcode: Zaa7w9
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 341 176 526#
Americans with Disabilities Act:

In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk's Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.

Agendas and other writings:

In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, Califomia, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 28. 2024
PAGE NO. 1
Call to Order
Flag Salute
AB 2449 Vote on Emergency Circumstances (if necessary)
Roll Call

5. Presentations

CONSENT CALENDAR

6.1 Consideration of the Register of Demands for March 28, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

Consideration of Resolution No. CC 2024-08 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING A DONATION TO THE LEARNING CENTERS AT

FAIRPLEX, IN THE AMOUNT OF FIVE THOUSAND DOLLARS
($5,000.00), FOR PARTICIPATION AND DISPLAY IN THE FAIRPLEX

GARDEN RAILROAD DURING THE LOS ANGELES COUNTY FAIR
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-08.

6.3 Consideration of Resolution No. CC 2024-09 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE INDUSTRY SHERIFF'S YOUTH ATHLETIC

LEAGUE, IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS
($100,000.00), FOR ITS ANNUAL GOLF TOURNAMENT
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-09.

6.4 Consideration of Resolution No. CC 2024-10 A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING

VEHICLE MILES TRAVELED THRESHOLDS OF SIGNIFICANCE FOR

PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND NOTICE OF

EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Adopt Resolution No. CC
2024-10

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 28, 2024
PAGE NO. 2

6.5 Second Reading and Adoption of Zoning Code Amendment No. 24-01, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions) and Add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), And Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof
RECOMMENDED ACTION: Adopt Ordinance No. 829

6.6 Consideration of Amendment No. 2 to the Purchase Order Request for Amazon Web Services (MP 16-06)
RECOMMENDED ACTION: Approve the Amendment

6.7 Consideration of authorization to advertise for public bids for Contract No.

CITY-1515, Chino Ranch Dam No. 1 Riprap Project At Arnold Reservoir, for an estimated cost of $940,000.00 (MP 02-31 #8)
RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising of receipt of electronic bids.

Consideration of a License Agreement with Renna Family Partnership LLC, for access to the parking lot located at Workman and Temple Family Homestead Museum, to utilize as a Temporary Overflow Parking Area RECOMMENDED ACTION: Approve the License
Agreement

6.9 Consideration of an Exclusive Option Agreement by and between the City of Industry and Beach Street Development, LLC
RECOMMENDED ACTION: Approve the Exclusive
Option Agreement

6.10 Consideration of an Exclusive Option Agreement by and between the City of Industry and Grand Central Recycling & Transfer, Inc.

RECOMMENDED ACTION: Approve the Exclusive
Option Agreement

6.11 Consideration of the 2023 Housing Element Annual Progress Report.

RECOMMENDED ACTION: Receive and file the
Housing Element Annual Progress Report for 2023, and direct Staff to transmit copies to the California Department of Housing and Community Development and Governor's Office of Planning and Research by email not later than April 1, 2024, as required by State law.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 28. 2024
PAGE NO. 3

ACTION ITEMS-NONE

PUBLIC HEARINGS-NONE

9. CLOSED SESSION

9.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation; Pursuant to Government Code Section 54956.9(d)(2) One potential case

9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers
(portion of) 8247-014-900, (portion of)
8247-013- 908, 8262-001-900, 8262-
001-902, (portion of) 8262-011-930,
8262-011- 931, 8262-012-270, 8262-
012- 271, 8262-012-272, 8262-012-273,
(portion of) 8262-012-274, (portion of)
8262-012- 275, 8262-012-276, (portion
of) 8262- 015-900, (portion of) 8262-
015-901, 8262-015-902, 8262-015-904,
(portion of) 8262-015-905, 8263-008-
270, 8263- 008-271, 8263-008-904 and
8263-027-270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa
One
LLC, 1552 Azusa Two LLC, 1552 Azusa
Three LLC
Under Negotiation: Price and terms of payment

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 28, 2024
PAGE NO. 4

10. CITY MANAGER REPORTS

11. AB 1234 REPORTS

12. CITY COUNCIL COMMUNICATIONS

13. PUBLIC COMMENTS

14. Adjournment. The next regular City Council Meeting is Thursday, April 11, 2024, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
MARCH 28, 2024
PAGE NO. 5

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF MARCH 28, 2024
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 1,478,602.06
103 PROP A FUND 3,212.18
107 MEASURE W FUND 47,560.00
120 CAPITAL IMPROVEMENTS 468,375.43
TOTAL ALL FUNDS 1,997,749.67
BANK RECAP:

BANK NAME DISBURSEMENTS
BANK OF AMERICA - CKING ACCOUNT 73,154.53
PROP/A PROP A - CKING ACCOUNT 3,212.18
MA MEASURE W - CKING ACCOUNT 47,560.00
WFBK WELLS FARGO - CKING ACCOUNT 1,873,822.96
TOTAL ALL BANKS 1,997,749.67

APPROVED PER CITY MANAGER DATE
- 3/21/24
CITY OF INDUSTRY P. 1

BANK OF AMERICA
March 28, 2024
Check Date Payee Name Check Amount
CITYGEN.CHK - City General
WT1367 02/26/2024 JOHN HANCOCK USA $6,585.10
Invoice Date Description Amount
2/3-2/16/24 02/26/2024 PARS CONTRIBUTIONS FOR 213-2/16/24 $6,585.10 WT1368 03/08/2024 JOHN HANCOCK USA $6,021.59
Invoice Date Description Amount
2/17-3/1/24 03/08/2024 PARS CONTRIBUTIONS FOR 2/17-3/1/24 $6,021.59 WT1369 03/13/2024 MIDAMERICA ADMINISTRATIVE & RETI $60,547.84 Invoice Date Description Amount
APR/MAY2024 03/13/2024 RETIREE HEALTH PREMIUM REIMBURSEMENTS $60,547.84 Checks Status Count Transaction Amount
Total 3 $73,154.53
CITY OF INDUSTRY P. 2
PROP A
March 28, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90565 03/28/2024 INDUSTRY SECURITY SERVICES $2,683.20
Invoice Date Description Amount
1069 03/08/2024 SECURITY SVC 3/1-3/7124-METROLINK $2,683.20 90566 03/28/2024 VALLEY VISTA SERVICES, INC $528.98
Invoice Date Description Amount
677200 03/01/2024 DISP SVC-METROLINK (MAR 2024) $528.98 Checks Status Count Transaction Amount
Total 2 $3,212.18
CITY OF INDUSTRY P. 3

MEASURE W
March 28, 2024
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300087 03/28/2024 ANNEALTA GROUP $44,945.00
Invoice Date Description Amount
3131 03/11/2024 STORMWATER COMPLIANCE-FEB 2024 $44,945.00 300088 03/28/2024 CASC ENGINEERING AND CONSULTIN $2,615.00 Invoice Date Description Amount
50758 02/29/2024 NDES CONSULTING SVC $2,615.00
Checks Status Count Transaction Amount
Total 2 $47,560.00
CITY OF INDUSTRY P.4

WELLS FARGO WIRE TRANSFERS
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
WT10053 03/14/2024 INDUSTRY PROPERTY & HOUSING AU $90,000.00 Invoice Date Description Amount
3/14/2024 03/14/2024 TRANSFER FUNDS-IPHMA REG 3/14/24 $90,000.00 WT10054 03/15/2024 CRIA-PAYROLL ACCOUNT $4,000.00
Invoice Date Description Amount
3/15/2024 03/15/2024 TRANSFER FUNDS TO COVER CRIA PAYROLL $4,000.00 Checks Status Count Transaction Amount
Total 2 $94,000.00
CITY OF INDUSTRY P. 5

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82559 03/13/2024 AT & T $8.60
Invoice Date Description Amount
2024-00001614 03/01/2024 3/1/23-1/31/24 SVC-CITY WHITE PAGES LISTING $8.60 82560 03/13/2024 AT & T $328.15
Invoice Date Description Amount
0570786809 02/29/2024 2/29-3/28/24 SVC-600 S BREA CYN-METROLINK $328.15 82561 03/13/2024 DIRECTV - FOR BUSINESS $107.00
Invoice Date Description Amount
03/01/2024 RSN/TV ACCESS FEES $107.00
82562 03/13/2024 FRONTIER $1,176.29
-
Invoice Date Description Amount
2024-00001615 03/02/2024 3/2-4/1/24 SVC-1015 NOGALES ST $61.19 2024-00001616 03/01/2024 3/1-3/31/24 SVC-VARIOUS SITES $1,115.10 82563 03/13/2024 HARDT, JULIE $225.39
Invoice Date Description Amount
3/06/2024 03/06/2024 REIMBURSE FOR TRAVEL EXPENSE-LCW CONFERENC $225.39 82564 03/13/2024 LA PUENTE VALLEY COUNTY WATER $14,269.33 Invoice Date Description Amount
2024-00001551 03/01/2024 12/18-2/15/24 SVC-15660 STAFFORD ST $301.78 2024-00001552 03/01/2024 12/18-2/15/24 SVC-15625 MAYOR DAVE WAY $112.64 2024-00001553 03/01/2024 12/18-2/15/24 SVC-15625 MAYOR DAVE WAY $222.12 2024-00001554 03/01/2024 12/18-2/15/24 SVC-15414 DON JULIAN RD (IRRI) $259.92 CITY OF INDUSTRY P. 6

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00001555 03/01/2024 12/18-2/15/24 SVC-15414 DON JULIAN RD $398.38 2024-00001556 03/01/2024 12/18-2/15/24 SVC-1 AZUSA WAY (IRRI) $358.34 2024-00001557 03/01/2024 12/18-2/15/24 SVC-285 HACIENDA BLVD (IRRI) $86.88 2024-00001558 03/01/2024 12/18-2/15/24 SVC-HACIENDA & STAFFORD ST (1) $311.44 2024-00001559 03/01/2024 12/18-2/15/24 SVC-HACIENDA & STAFFORD ST (IRR) $337.20 2024-00001560 03/01/2024 12/18-2/15/24 SVC-211 HACIENDA BLVD (IRRI) $109.42 2024-00001561 03/01/2024 12/18-2/15/24 SVC-HUDSON AVE (IRRI) $272.80 2024-00001562 03/01/2024 12/18-2/15/24 SVC-STAFFORD ST (IRRI) $237.38 2024-00001563 03/01/2024 12/18-2/15/24 SVC-220 HACIENDA BLVD (IRRI) $311.44 2024-00001564 03/01/2024 12/18-2/15/24 SVC-NELSON AVE (IRRI) $604.46 2024-00001565 03/01/2024 12/18-2/15/24 SVC-SOTRO ST (IRRI) $720.38 2024-00001566 03/01/2024 12/18-2/15/24 SVC-15651 STAFFORD ST $733.26 2024-00001567 03/01/2024 12/18-2/15/24 SVC-RAUSCH RD (IRRI) $151.28 2024-00001568 03/01/2024 12/18-2/15/24 SVC-RAUSCH RD (IRRI) $154.50 2024-00001569 03/01/2024 12/18-2/15/24 SVC-STAFFORD & OLD VALLEY (1) $485.32 2024-00001570 03/01/2024 12/18-2/15/24 SVC-15716 RAUSH RD $247.88 2024-00001571 03/01/2024 12/18-2/15/24 SVC-ALONG RAILROAD TRACK (I) $424.14 2024-00001572 03/01/2024 12/18-2/15/24 SVC-PROCTOR & EL ENCANTO (I) $243.82 2024-00001573 03/01/2024 12/18-2/15/24 SVC-HACIENDA BLVD (IRRI) $86.88 2024-00001574 03/01/2024 12/18-2/15/24 SVC-15415 DON JULIAN RD (IRRI) $1,159.79 2024-00001575 03/01/2024 12/18-2/15/24 SVC-15415 DON JULIAN RD (IRRI) $456.34 2024-00001576 03/01/2024 12/18-2/15/24 SVC-15414 DON JULIAN RD $247.04 2024-00001577 03/01/2024 12/18-2/15/24 SVC-201 STAFFORD ST (IRRI) $1,114.84 2024-00001578 03/01/2024 12/18-2/15/24 SVC-VALLEY BLVD (IRRI) $93.32 2024-00001579 03/01/2024 12/18-2/15/24 SVC-15415 DON JULIAN RD (IRRI) $721.87 2024-00001580 03/01/2024 12/18-2/15/24 SVC-DON JULIAN RD $3,067.09 2024-00001581 03/01/2024 12/18-2/15/24 SVC-PARRIOTT & DON JULIAN RD (1) $237.38 CITY OF INDUSTRY P.7

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82565 03/13/2024 PATHAK, YAMINI $106.21
Invoice Date Description Amount
3/7/2024 03/07/2024 REIMBURSE FOR BUSINESS LUNCH $106.21 82566 03/13/2024 ROWLAND WATER DISTRICT 51,673.34
Invoice Date Description Amount
2024-00001582 02/28/2024 1/07-2/06/24 SVC-AZUSA AVE $47.23 2024-00001583 02/28/2024 1/07-2/06/24 SVC-AZUSA AVE-CENTER $128.00 2024-00001584 02/28/2024 1/07-2/06/24 SVC-930 S AZUSA AVE $542.66 2024-00001585 02/28/2024 1/07-2/06/24 SVC-17401 E VALLEY BLVD $472.47 2024-00001586 02/28/2024 1/07-2/06/24 SVC-18044 ROWLAND ST $74.96 2024-00001587 02/28/2024 1/07-2/06/24 SVC-HURLEY ST & VALLEY BLVD $408.02 82567 03/13/2024 SOCALGAS $4,661.33
Invoice Date Description Amount
2024-00001588 03/01/2024 1/29-2/28/24 SVC-1015 NOGALES ST $15.46 2024-00001589 03/01/2024 1/29-2/28/24 SVC-710 NOGALES ST $14.79 2024-00001610 03/07/2024 2/2-3/5/24 SVC-15625 MAYOR DAVE WAY APT-A $1,116.55 2024-00001611 03/07/2024 2/2-3/5/24 SVC-15625 MAYOR DAVE WAY APT-B $2,134.52 2024-00001612 03/07/2024 2/2-3/5/24 SVC-15633 RAUSCH RD $797.25 2024-00001613 03/07/2024 2/2-3/5/24 SVC-15651 MAYOR DAVE WAY $582.76 82568 03/13/2024 SOUTHERN CALIFORNIA EDISON $55,760.86
Invoice Date Description Amount
2024-00001590 03/01/2024 2/1-2/29/24 SVC-600 S BREA CYN $363.10 2024-00001591 03/01/2024 2/1-2/29/24 SVC-600 S BREA CYN-A METROLINK $24.08 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00001592 03/04/2024 2/1-3/3/24 SVC-15625 MAYOR DAVE WAY $7,166.53 2024-00001593 03/01/2024 2/1-2/29/24 SVC-133 N AZUSA AVE $126.98 2024-00001594 03/01/2024 2/1-2/29/24 SVC-NOGALES ST/SAN JOSE AVE $160.77 2024-00001595 03/01/2024 2/1-2/29/24 SVC-VARIOUS SITES $215.53 2024-00001596 03/01/2024 2/1-2/29/24 SVC-VARIOUS SITES $27,415.31 2024-00001597 03/01/2024 2/1-2/29/24 SVC-1 VALLEY/AZUSA $28.30 2024-00001607 03/06/2024 2/5-3/5/24 SVC-1123 HATCHER AVE STE-A $335.03 2024-00001608 03/01/2024 2/1-2/29/24 SVC-VARIOUS SITES $10,346.94 2024-00001609 03/01/2024 2/1-2/29/24 SVC-VARIOUS SITES $9,578.29 82569 03/13/2024 SPARKLETTS $272.85
Invoice Date Description Amount
21654939 030824 03/08/2024 WATER DELIVERY $272.85
82570 03/13/2024 STATE COMPENSATION INSURANCE F 51,766.91 Invoice Date Description Amount
1001649766 03/01/2024 WORKERS COMP PREMIUM FOR MARCH 2024 $1,766.91 82571 03/13/2024 SUBURBAN WATER SYSTEMS $135.46
Invoice Date Description Amount
03/06/2024 2/3-3/5/24 SVC-NE CNR VALLEY/STIMS $135.46
82572 03/13/2024 TPX COMMUNICATIONS $4,201.39
Invoice Date Description Amount
177793428-0 02/29/2024 INTERNET SVC-CITY HALL/METRO SOLAR $4,201.39 82573 TPX COMMUNICATIONS $595.02
CITY OF INDUSTRY P. 9

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
177765783-0 02/29/2024 TEL/INTERNET-HOMESTEAD $595.02
82574 03/13/2024 VALLEY VISTA SERVICES, INC $498.68
Invoice Date Description Amount
560777 01/01/2024 DISP SVC-205 N HUDSON AVE $246.17
604493 02/01/2024 DISP SVC-205 N HUDSON AVE $252.51
82575 03/13/2024 VERIZON WIRELESS - LA $1,695.47
Invoice Date Description Amount
9957663367 02/26/2024 2/27-3/26/24 SVC-VARIOUS WIRELESS SVC $1,695.47 82576 03/19/2024 GRANICUS, LLC $14,748.64
Invoice Date Description Amount
179511 02/20/2024 PUBLIC RECORDS SOFTWARE-2/15/24-2/15/25 $14,748.64 82577 03/19/2024 QUADIENT FINANCE USA, INC. $500.00
Invoice Date Description Amount
3/18/2024 03/18/2024 POSTAGE REFILL-FINANCE DEPT $500.00 82578 03/19/2024 SPECTRUM $938.99
Invoice Date Description Amount
0362894031024 03/10/2024 BUSINESS INTERNET-MAR 2024 $938.99 82579 03/19/2024 WELLS FARGO $31,211.12
Invoice Date Description Amount
2/3-3/3/24-V 03/03/2024 CREDIT CARD EXPENSE P/E 3/3/24-VERONICA $6,887.26 CITY OF INDUSTRY P. 10

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2/3-3/3/24-S 03/03/2024 CREDIT CARD EXPENSE P/E 3/3/24-SAM $18,556.99 2/3-3/3/24-J 03/03/2024 CREDIT CARD EXPENSE P/E 3/3/24-JOSH $5,766.87 82580 03/20/2024 FRONTIER $144.99
Invoice Date Description Amount
2024-00001618 03/02/2024 3/2-4/1/24 SVC-IH GOLF COURSE FUEL PUMP $144.99 82581 03/20/2024 SOUTHERN CALIFORNIA EDISON $3,518.20
Invoice Date Description Amount
02/29/2024 1/16-2/13/24 SVC-VARIOUS SITES $2,690.21
03/12/2024 2/9-3/11/24 SVC-504 S 6TH AVE U TC1 $99.81
03/12/2024 2/9-3/11/24 SVC-490 S 7TH U $110.59
79000170 03/09/2024 2/1-2/29/24 SVC-600 S BREA CYN-METROLINK $117.01 2024-00001624 03/11/2024 2/8-3/10/24 SVC-575 BALDWIN PARK BLVD U $122.82 2024-00001625 03/11/2024 2/5-3/5/24 SVC- VARIOUS SITES $54.34 03/11/2024 2/6-3/10/24 SVC-VARIOUS SITES $143.60
L29000-20 03/11/2024 2/8-3/10/24 SVC-122 N PUENTE AVE U1 $179.82 82582 T-MOBILE $117.00
Invoice Date Description Amount
03/13/2024 2/1-2/29/24 SVC-YAL GYM & TONNER CYN HOT SPOT $117.00 82583 03/20/2024 THREE VALLEYS MUNICIPAL WATER T $2,806.17 Invoice Date Description Amount
98790 02/29/2024 2/1-2/29/24 SVC-TONNER CYN $2,806.17
82584 03/20/2024 VERIZON BUSINESS $190.77
CITY OF INDUSTRY P. 11

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
67078499 03/10/2024 2/1-2/29/24 SVC-VARIOUS SITES $47.07 67078500 03/10/2024 2/1-2/29/24 SVC-VARIOUS SITES $143.70 82585 03/28/2024 AIRESPRING INC $1,347.68
Invoice Date Description Amount
183008727 03/16/2024 INTERNET SVC-HOMESTEAD $1,347.68
82586 03/28/2024 AMAZON WEB SERVICES, INC $9,284.39
Invoice Date Description Amount
1608928209 03/02/2024 AWS SVC-FEB 2024 $9,284.39
82587 03/28/2024 ANDRUES/PODBERESKY, APLC $15,465.25
Invoice Date Description Amount
03490 : 03/04/2024 LEGAL SVC-FEB 2024 $15,465.25
82588 03/28/2024 ANNEALTA GROUP $107,763.75
Invoice Date Description Amount
3132 03/11/2024 GENERAL DEV SVC-FEB 2024 $42,520.00
3133 03/11/2024 GENERAL PLANNIG SVC-FEB 2024 $58,258.75 3134 03/11/2024 15940-16012 AMAR RD $1,275.00
3135 03/11/2024 16010 & 16020 PHOENIX $950.00
3136 03/11/2024 17969 RAILROAD ST $240.00
3137 03/11/2024 18007 GALE AVE $640.00
3138 03/11/2024 17585 COLIMA RD $540.00
3139 03/11/2024 18558 GALE AVE $135.00
3145 03/11/2024 17355 RAILROAD ST $240.00
CITY OF INDUSTRY P. 12

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
3144 03/11/2024 20701 E CURRIER RD $67.50
3146 03/11/2024 15425 VALLEY BLVD $337.50
3140 03/11/2024 18248 GALE AVE $160.00
3142 03/11/2024 184 S 6TH ST $1,550.00
3143 03/11/2024 18558 GALE AVE STE 186 & 188 $580.00
3147 03/11/2024 17411 COLIMA RD $270.00
82589 03/28/2024 B2 PRINT, LLC $239.95
Invoice Date Description Amount
0012638 03/07/2024 AGRMT CHECK LIST POST IT PADS-DEVELOPMENT $239.95 82590 03/28/2024 BCN TELECOM, INC. $99.21
Invoice Date Description Amount
23707990 03/15/2024 PHONE LINE FOR ELEVATOR-CITY HALL $99.21 82591 03/28/2024 BISHOP AMAT MEMORIAL HIGH SCHO $1,000.00 Invoice Date Description Amount
3/7/2024 03/07/2024 CONTRIBUTION TO BEACH VOLLEYBALL TEAM $1,000.00 82592 03/28/2024 BLAKE AIR CONDITIONING COMPANY $147.30 Invoice Date Description Amount
65687 02/29/2024 REPAIR THERMOSTAT-CITY HALL $147.30
82593 03/28/2024 CASSO & SPARKS, LLP $207,689.00
Invoice Date Description Amount
20921 03/18/2024 COI-LEGAL FEES FOR FEB 2024 $207,459.00 20921-A 03/18/2024 LEGAL FEES-804 S AZUSA AVE $230.00
CITY OF INDUSTRY P. 13

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82594 03/28/2024 CHANNEL CRAFT & DISTRIBUTION, INI $573.25 Invoice Date Description Amount
267578 03/07/2024 HOMESTEAD MUSEUM STORE MERCHANDISE $573.25 82595 03/28/2024 CINTAS CORPORATION LOC 693 $250.35
Invoice Date Description Amount
4170149058 10/09/2023 DOOR MATS $83.11
4185916413 03/11/2024 DOOR MATS $83.62
4186661378 03/18/2024 DOOR MATS $83.62
82596 03/28/2024 CITY OF INDUSTRY-PAYROLL ACCT $140,000.00 Invoice Date Description Amount
PR P/E 3/15/24 03/19/2024 REPLENISH PAYROLL FOR P/E 3/15/24 $140,000.00 82597 03/28/2024 CJ SUPPRESSION $1,200.00
Invoice Date Description Amount
33607 02/16/2024 ANNUAL FIRE SPRINKLER INSPECTION-EL ENCANTO $1,200.00 82598 03/28/2024 CNC ENGINEERING $141,752.50
Invoice Date Description Amount
509802 03/14/2024 HOMESTEAD MUSEUM IMPROVEMENTS $296.25 509803 03/14/2024 CALIFORNIA AVE CROSSING IMPROVEMENTS $3,630.00 509804 03/14/2024 SIGNING & STRIPING IMPROVEMENTS $1,890.00 509805 03/14/2024 METROLINK-MAINT OF PARKING LOT $570.00 509806 03/14/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $95.00 509809 03/14/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $1,175.00 CITY OF INDUSTRY P. 14

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
509810 03/14/2024 605 FWY AND VALLEY BLVD INTERCHANGE $225.00 509811 03/14/2024 FISCAL YEAR BUDGET $980.00
509812 03/14/2024 BIXBY DR PCC PAVEMENT $3,150.00
509813 03/14/2024 PROPERTY AT 23400-23600, 23800 EAST FORK ROAD $922.50 509814 03/14/2024 FOLLOW'S CAMP PROJECT $427.50
509815 03/14/2024 VARIOUS ASSIGNMENTS RELATED TO SA $1,470.00 509816 03/14/2024 NELSON AVE INTERSECTION $19,488.75
509817 03/14/2024 MAINT OF 1123 HATCHER AVE $195.00
509818 03/14/2024 15559-15650 RAUSCH RD (POST OFFICE) $97.50 509819 03/14/2024 TARGET SPEED SURVEY $2,250.00
509820 03/14/2024 • CARTEGRAPH MGMT $40,560.00
509821 03/14/2024 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $900.00 509822 03/14/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $3,645.00 509823 03/14/2024 GALE AVE RESURFACING $925.00
509824 03/14/2024 2022-2023 ANNUAL PAVEMENT REHABILITATION $14,130.00 509825 03/14/2024 DON JULIAN RD IMPROVEMENTS $6,405.00
509826 03/14/2024 PHYLLIS TUCKER MEMORIAL $1,790.00
509827 03/14/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $5,315.00 509828 03/14/2024 RAILROAD STREET PAVEMENT REHABILITATION $27,215.00 509829 03/14/2024 9TH AVE PAVEMENT REHABILITATION $1,755.00 509830 03/14/2024 PAVEMENT MANAGEMENT PLAN 2022 $1,575.00 509831 03/14/2024 SR57/60 CONFLUENCE IMPROVEMENT $450.00 509832 03/14/2024 TURNBULL CYN RD GRADE SEPARATION $225.00 82599 03/28/2024 CNC ENGINEERING $230,722.50
Invoice Date Description Amount
509774 • 03/14/2024 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $142.50 CITY OF INDUSTRY P. 15

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
509775 03/14/2024 CITYWIDE SIGNAGE UPDATE $525.00
509776 03/14/2024 FULLERTON RD RECONSTRUCTION $12,740.00 509777 03/14/2024 GALE AVE REALIGNMENT $3,631.25
509778 03/14/2024 WALNUT DR NORTH WIDENING $21,475.00
509779 03/14/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $4,397.50 509780 03/14/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $16,400.00 509781 03/14/2024 GENERAL ENG SVC-DEV PLANS AT IBC $2,585.00 509782 03/14/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAD $1,752.50 509783 03/14/2024 GENERAL ENG SVC-TRAFFIC $4,567.50
509784 03/14/2024 GENERAL ENG SVC 2/26-3/10/24 $3,325.00 509785 03/14/2024 GENERAL ENG SVC-COUNTER SERVICE $4,570.00 982609 03/14/2024 GENERAL ENG SVC-PERMITS $21,482.50
282609 03/14/2024 GENERAL ENG SVC-PLAN APPROVAL $31,617.50 884609 03/14/2024 GENERAL ENG SVC 2/26-3/10/24 $77,125.00 509789 03/14/2024 NDES STORM WATER $755.00
509790 03/14/2024 TONNER CYN PROPERTY $788.75
509791 03/14/2024 TONNER CYN PROPERTY $7,080.00
509792 03/14/2024 COLIMA RD WIDENING $285.00
509793 03/14/2024 STREET LIGHT INSTALLATION AT PROCTOR AVE $3,615.00 509794 03/14/2024 CHINO RANCH #1 DAM RENOVATION $1,005.00 509795 03/14/2024 SALT LAKE AVE IMPROVEMENTS $450.00
509796 03/14/2024 NELSON AVE RESURFACING $1,755.00
509797 03/14/2024 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $183.75 509798 03/14/2024 15660 MAYOR DAVE WAY (YAL BLDG) $72.50 509799 03/14/2024 CITY ADMINISTRATIVE OFFICES $2,050.00 509800 03/14/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $2,031.25 509801 03/14/2024 CITY COUNCIL CHAMBERS IMPROVEMENTS $367.50 CITY OF INDUSTRY P. 16

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name - Check Amount
CITY.WF.CHK - City General Wells Fargo
509807 03/14/2024 EL ENCANTO IMPROVEMENTS AND MAINT $2,897.50 509808 03/14/2024 EL ENCANTO BOILER REPLACEMENT $1,050.00 82600 03/28/2024 CONSILIO, LLC $1,684.16
Invoice Date Description Amount
INV579310624 02/29/2024 DOCUMENT MGMT-FEB 2024 $1,684.16 82601 03/28/2024 CORELOGIC INFORMATION SOLUTION $206.00 Invoice Date Description Amount
29960208 02/29/2024 PROPERTY DATA-FEB 2024 $206.00
82602 DAPEER, ROSENBLIT, AND LITVAK, LI $2,040.29
Invoice Date Description Amount
02/29/2024 GENERAL CODE ENFORCEMENT-FEB 2024 $1,482.20
22731 02/29/2024 SPECIALIZED LEGAL SVC-FEB 2024 $558.09 82603 DUTHIE POWER SERVICES $2,663.69
Date Description Amount
02/22/2024 REPAIR & TEST BACKUP GENERATOR-CITY HALL $2,663.69 50928 1202187/5 ELECTRA-MEDIA, INC $2,034.25
Invoice Date Description Amount
16173 03/06/2024 MAINT OF PUENTE HILLS AUTO DISPLAY-APR 2024 $1,545.00 16174 03/06/2024 PROGRAM PUENTE HILLS AUTO DISPLAY-APR 2024 $489.25 82605 03/28/2024 ELEVATE PUBLIC AFFAIRS, LLC $15,000.00 Invoice Date Description Amount
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
3709 03/12/2024 MEDIA CONSULTING-FEB 2024 $15,000.00
82606 03/28/2024 ENTERPRISE MAPS LLC $7,275.00
Invoice Date Description Amount
183 03/07/2024 AMAZON WEB SERVICES $7,275.00
82607 03/28/2024 FEHR & PEERS $1,620.00
Invoice Date Description Amount
173520 03/11/2024 VMT ANALYSIS-20701 CURRIER RD $1,620.00 82608 03/28/2024 FRAZER, LLP $49,721.50
Invoice Date Description Amount
186569 12/31/2023 SA-PROF SVG FOR DEC 2023 $5,600.00
187422 02/29/2024 COI-PROF SVC FOR FEB 2024 $37,721.50
187425 02/29/2024 SA-PROF SVC FOR FEB 2024 $6,400.00
82609 03/28/2024 GRAND CENTRAL RECYCLING & TRAN $601.35 Invoice Date Description Amount
675360 02/05/2024 SOLID WASTE-CITY HALL $601.35
82610 03/28/2024 GREGG MAEDO & ASSOCIATES, INC. $6,180.00 Invoice Date Description Amount
20153 1-9 03/15/2023 NURSE STATION REMODEL-EL ENCANTO $3,555.00 20153 1-10 10/02/2023 NURSE STATION REMODEL-EL ENCANTO $1,375.00 201531-11 11/16/2023 NURSE STATION REMODEL-EL ENCANTO $1,250.00 82611 03/28/2024 HADDICK'S TOWING, INC. $600.00
CITY OF INDUSTRY P. 18

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
2031C 02/23/2024 TOWING SVC-TONNER CYN $600.00
82612 03/28/2024 HISTORICAL RESOURCES, INC. $46,661.64
Invoice Date Description Amount
CO12024-08 03/13/2024 ADMIN & MGMT SVC-HOMESTEAD $46,147.50 CO12024-08.1 03/14/2024 EXPENSE REIMBURSEMENT-FEB 2024 $514.14 82613 INDUSTRY SECURITY SERVICES $32,656.68
Invoice Date Description Amount
1077 03/08/2024 SECURITY SVC-VARIOUS CITY SITES $22,203.48 890k 03/08/2024 SECURITY SVC 3/1-3/7/24 $10,453.20
82614 03/28/2024 JACOB CORTEZ $60.00
Invoice Date Description Amount
10/18/2023 10/18/2023 REIMBURSE FOR TRAVEL EXPENSE-CALIF CITIES CON $60.00 -
82615 03/28/2024 JANUS PEST MANAGEMENT $2,487.00
Invoice Date Description Amount
269301 03/07/2024 MOSQUITO TRAP-EL ENCANTO $75.00
269079 03/07/2024 RODENT SVC-HELIPAD $300.00
269077 03/07/2024 RODENT SVC-HELIPAD PARKING LOT $486.00 268981 03/07/2024 PEST SVC-TONNER CYN $566.00
269022 03/07/2024 PEST SVC-YAL/POST OFFICE $85.00
269021 03/07/2024 PEST SVC-IBC $145.00
269020 03/07/2024 PEST SVC-CITY HALL $145.00
269271 03/07/2024 PEST SVG-205 N HUDSON AVE $85.00
CITY OF INDUSTRY P. 19

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
269496 03/07/2024 PEST SVC-HOMESTEAD $600.00
82616 03/28/2024 JONES MAYER $196.27
Invoice Date Description Amount
121038 03/12/2024 LEGAL SVC-LA COUNTY ZERO BAIL PROGRAM $196.27 82617 03/28/2024 KLEINFELDER, INC. $5,859.25
Invoice Date Description Amount
001471264 03/07/2024 ROWLAND ST RECONSTRUCTION $1,094.25 001471347 03/08/2024 PAVEMENT EVALUATION-NELSON AVE $4,765.00 82618 03/28/2024 KLINE'S PLUMBING, INC. $3,000.00
Invoice Date Description Amount
13356 03/18/2024 EXCAVATE & INSTALL RAISERS-STIMSON & VALLEY $3,000.00 82619 03/28/2024 LCR EARTHWORK & ENGINEERING, C $189,819.41 Invoice Date Description Amount
#4CITY-1491 03/01/2024 FULLERTON RD RECONSTRUCTION $130,657.00 #8CITY-1488R 03/01/2024 RETENTION-2021-2022 ANNUAL PAVEMENT REHABILIT $65,695.26 82620 03/28/2024 LEIGHTON CONSULTING INC $1,594.00
Invoice Date Description Amount
61340 02/07/2024 PAVEMENT REHABILITATION-PELLISSIER PL $1,594.00 82621 03/28/2024 LOCKE LORD LLP $7,700.04
Invoice Date Description Amount
1847754 03/06/2024 LEGAL SVC-JAN 2024 $7,332.54
:

CITY OF INDUSTRY P. 20

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
1847755 03/06/2024 LEGAL SVC-JAN 2024 $367.50
82622 03/28/2024 LOS ANGELES LEATHERCRAFT $1,466.50
Invoice Date Description Amount
3/7/2024 03/07/2024 HOMESTEAD MUSEUM STORE MERCHANDISE $1,466.50 82623 03/28/2024 MARGARET, ANTHONY $305.00
Invoice Date Description Amount
3/13/24 03/13/2024 REFUND CITATION # ID175050 $305.00
82624 03/28/2024 MATHEW HUDSON $708.12
Invoice Date Description Amount
3/18/2024 03/18/2024 REIMBURSEMENT FOR PE CIVIL BOARD EXAM $400.00 3/12/2024 03/12/2024 REIMBURSE FOR TRAVEL EXPENSES-PUBLIC WORKS $308.12 82625 03/28/2024 MERRITT'S ACE HARDWARE $27.49
Invoice Date Description Amount
139334 02/22/2024 PADLOCKS-METROLINK $27.49
82626 03/28/2024 MORTISE & TENON BUILDING CORP $8,107.32 Invoice Date Description Amount
156250229 03/01/2024 MAINT SVC-CITY BUS STOPS $900.00
156250213 02/11/2024 EMERGENCY ROOF REPAIR-EL ENCANTO $3,793.95 156250219 02/21/2024 URGENT REPAIR TO BOILER ROOM-EL ENCANTO $3,413.37 82627 03/28/2024 MUNI-ENVIRONMENTAL, LLC $24,954.80
Invoice Date Description Amount
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
24-013 03/08/2024 COMMERCIAL WASTE PROGRAM $24,954.80
82628 03/28/2024 MX GRAPHICS, INC. $1,158.18
Invoice Date Description Amount
30634 03/07/2024 BLUEPRINT SVC-MP 22 16 $598.42
30635 03/07/2024 BLUEPRINT SVC-MP 21 03 $559.76
82629 03/28/2024 NELSON, JOSHUA $539.81
Invoice Date Description Amount
3/13/2024 03/14/2024 REIMBURSE FOR TRAVEL EXPENSE-WASHINGTON DC $539.81 82630 03/28/2024 NINYO & MOORE GEOTECHNICAL COF $8,803.50 Date Description Amount
285157 03/13/2024 MATERIAL TESTING-FULLERTON RD RECONSTRUCTIC $8,803.50 82631 03/28/2024 PACIFIC UTILITY INSTALLATION $89,901.34 Invoice Date Description Amount
#2CITY-1507 03/01/2024 REMOTE MONITORING SYSTEM-CITYWIDE STREETLIG $94,633.00 82632 03/28/2024 PARS $639.51
Invoice Date Description Amount
03/11/2024 REP FEES-JAN 2024 $339.51
LOSS 03/07/2024 ARS FEES-JAN 2024 $300.00
82633 t20z/2/0 PATHAK, YAMINI $282.12
Invoice Date Description Amount
3/19/2024 03/19/2024 REIMBURSE FOR FINANCE AND TREASURY DEPT LUN $282.12 CITY OF INDUSTRY P. 22

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82634 03/28/2024 PINS ADVANTAGE $4,500.00
Invoice Date Description Amount
2785 03/13/2024 INSURANCE TRACKING SOFTWARE 3/13/24-3/13/25 $4,500.00 82635 03/28/2024 PLACEWORKS $1,040.00
Invoice . Date Description Amount
83171 02/29/2024 HOUSING ELEMENT SVC $1,040.00
82636 03/28/2024 POST ALARM SYSTEMS $351.55
Invoice Date Description Amount
1673213 03/04/2024 MONITORING SVC-HOMESTEAD $351.55
82637 03/28/2024 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 Invoice Date Description Amount
060 03/08/2024 FEDERAL ADVOCACY-FEB 2024 $5,000.00
82638 03/28/2024 PUENTE BASIN WATERMASTER $1,421.88
Invoice Date Description Amount
23-1 03/11/2024 COI-OPERATING BUDGET FOR FY 23/24 $1,421.88 82639 03/28/2024 PUENTE BASIN WATERMASTER $1,421.88
Invoice Date Description Amount
23-2 03/11/2024 SA-OPERATING BUDGET FOR FY 23/24 $1,421.88 82640 03/28/2024 PUENTE HILLS FORD $75.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 23

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
316244 03/11/2024 VEHICLE MAINT-LIC 1580081 (2020 BLACK FORD EXPL $75.00 82641 03/28/2024 QUADIENT LEASING USA, INC. $1,500.15
Invoice Date Description Amount
Q1240418 03/10/2024 MAIL EQUIPMENT RENTAL 4/11/24-7/10/24 $1,500.15 82642 03/28/2024 RICOH USA, INC. $319.95
Invoice Date Description Amount
82171506 03/09/2024 COPIER LEASE-HOMESTEAD $319.95
82643 03/28/2024 ROGERS, ANDERSON, MALODY & SCC $1,650.00 Invoice Date Description Amount
73837 10/31/2023 SA-AUDIT SERVICES FY 22/23 $1,650.00
82644 03/28/2024 ROWLAND UNIFIED SCHOOL DISTRIC* $100.00 Invoice Date Description Amount
JES0411 03/13/2024 BUSING STIPEND FOR FIELD TRIP-JELLICK ELEMENTA $100.00 82645 03/28/2024 SAGE ENVIRONMENTAL GROUP $19,500.00
Invoice Date Description Amount
2269 03/12/2024 GRAZING SVC-TONNER CYN $19,500.00
82646 03/28/2024 SAN GABRIEL VALLEY CITY MANAGEF $90.00 Invoice Date Description Amount
3/13/2024 03/13/2024 CITY MANAGER'S ASSOCIATION MEETING-JOSH AND S $90.00 82647 03/28/2024 SAN GABRIEL VALLEY NEWSPAPER G $808.69 CITY OF INDUSTRY P. 24

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY. WF.CHK - City General Wells Fargo
Invoice Date Description Amount
0011648967 02/16/2024 ACCT #5007735-NOTICE OF PUBLIC HEARING-JN 9400 $808.69 82648 03/28/2024 SCS FIELD SERVICES $15,186.00
Invoice Date Description Amount
0494979 02/29/2024 INDUSTRY HILLS-LANDFILL GAS SYSTEM $15,186.00 82649 03/28/2024 SO CAL INDUSTRIES $195.89
Invoice Date Description Amount
677796 02/28/2024 WC ACCESS RENTAL-TONNER CYN/57 FWY $195.89 82650 03/28/2024 STAPLES BUSINESS ADVANTAGE $81.00
Invoice. Date Description Amount
8073470350 03/02/2024 OFFICE SUPPLIES $81.00
82651 03/28/2024 SUPERIOR COURT OF CA-LA COUNTY. $6,512.00 Invoice Date Description Amount
FEBRUARY 2024 03/07/2024 PARKING CITATIONS REPORT-FEB 2024 $6,512.00 82652 03/28/2024 TERRA REALTY ADVISORS, INC. $1,174.75
Invoice Date Description Amount
2024-01701 03/01/2024 OUTDOOR ADVERTISING-BILLBOARD SIGNS $1,174.75 82653 03/28/2024 THE FORKLIFT RENTAL LLC $574.88
Invoice Date Description Amount
10205 03/11/2024 FORKLIFT RENTAL-1123 HATCHER $574.88
CITY OF INDUSTRY P. 25

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82654 03/28/2024 THE PIN CENTER $218.75
Invoice Date Description Amount
0324058 03/11/2024 YEARS OF SERVICE PINS FOR STAFF $218.75 82655 03/28/2024 THE TECHNOLOGY DEPOT $984.45
Invoice Date Description Amount
25823 03/02/2024 CLOUD CONNECT UNAAS-APR 2024 $830.45
25822 03/02/2024 CLOUD CONNECT-HOMESTEAD $154.00
82656 03/28/2024 TURBO DATA SYSTEMS, INC $525.58
Invoice Date Description Amount
42329 02/29/2024 CITATION PROCESSING JAN/FEB 2024 $525.58 82657 03/28/2024 UNITED PARCEL SERVICES, INC $137.60
Invoice Date Description Amount
0000V435E4104 03/09/2024 SERVICE FEES $18.46
0000V435E4114 03/16/2024 MESSENGER SVC $119.14
82658 03/28/2024 VALLEY VISTA SERVICES, INC $16,561.85
Invoice Date Description Amount
664143 02/08/2024 DISP SVC-1123 HATCHER AVE $3,133.98
664144 02/29/2024 DISP SVC-15660 MAYOR DAVE WAY (YAL) $151.78 677470 03/01/2024 DISP SVC-CITY BUS STOPS $4,796.49
677301 03/01/2024 DISP SVG-205 N HUDSON AVE $252.51
678235 03/01/2024 DISP SVC-TONNER CYN (CAMP COURAGE) $442.24 678236 03/01/2024 DISP SVC-TONNER CYN (MAINT YD) $421.40 677098 03/01/2024 DISP SVC-CITY RESIDENTS $5,256.94
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
March 28, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
678238 03/01/2024 DISP SVC-1123 HATCHER AVE $297.36
685586 03/01/2024 DISP SVC-FOLLOW'S CAMP $1,562.20
663919 02/29/2024 DISP SVC-CITY HALL $246.95
82659 03/28/2024 WEST COAST ARBORISTS, INC. 5183,240.10 Invoice Date Description Amount
211402 02/15/2024 TREE MAINT FY 23/24 $60,864.10
209380 12/31/2023 TREE MAINT FY 23/24 $38,021.55
211811 02/29/2024 TREE MAINT FY 23/24 $84,354.45
82660 03/28/2024 WILLDAN ENGINEERING $903.50
Invoice Date Description Amount
00627313 03/14/2024 ENG SVC-NELSON AVE/PUENTE AVE $903.50 Checks Status Count Transaction Amount
Total 102 51,779,822.96

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.2

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: March 28, 2024
SUBJECT: Consideration of Resolution No. CC 2024-08 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE LEARNING CENTERS AT FAIRPLEX, IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00), FOR PARTICIPATION AND

DISPLAY IN THE FAIRPLEX GARDEN RAILROAD DURING THE LOS

ANGELES COUNTY FAIR

BACKGROUND
The Learning Centers at Fairplex ("TLC") is a non-profit organization that partners with Fairplex to provide a wide spectrum of innovative and enriching educational experiences, such as hands-on exhibits and workshops, interactive programming at the L.A. County Fair ("Fair"), vocational training, leadership opportunities, early childhood education, and parent support services.

DISCUSSION
Each year, TLC participates in the Fair by providing tours of the Fairplex Garden Railroad ("Railroad"). The Railroad consists of hand-made replicas of real railroad operating equipment and has over 10,000 feet of operating track with several scenes depicting California history from the 1850's to present day. In 2022, the City of Industry scene was expanded to include the development and expansion of the CC Stafford Mill and to provide visitors with a QR to tell the story of the history of the City. This year marks the 100th year of the Railroad, and will include a special multi-level "train cake". The City's donation of $5,000.00 for the display will support the Fairplex Garden Railroad.

FISCAL IMPACT
In the Fiscal Year 2023/24 budget, $456,000.00 was approved for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5601).

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2024-08.

Attachments
A. Resolution No. CC 2024-08

ATTACHMENT A
RESOLUTION NO. CC 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE

LEARNING CENTERS AT FAIRPLEX, IN THE AMOUNT OF FIVE
THOUSAND DOLLARS ($5,000.00), FOR PARTICIPATION AND

DISPLAY IN THE FAIRPLEX GARDEN RAILROAD DURING THE

LOS ANGELES COUNTY FAIR

RECITALS
WHEREAS, the Learning Centers at Fairplex ("TLC") is a non-profit organization that partners with Fairplex to provide a wide spectrum of innovative and enriching education experiences, such as hands-on exhibits and workshops, interactive programming at the L.A. County Fair ("Fair"), vocational training, leadership opportunities, early childhood education, and parent support services; and WHEREAS, each year, TLC participates in the Fair by providing tours of the Fairplex Garden Railroad ("Railroad"), which consists of hand-made replicas of real railroad operating equipment and has over 10,000 feet of operating track with several scenes depicting California history from the 1850's to present day; and WHEREAS, in 2022, the City of Industry scene was expanded to include the development and expansion of the CC Stafford Mill and to provide visitors with a QR code to tell the story of the history of the City; and
WHEREAS, this year marks the 100t year of the Railroad and will include a special multi-level "train cake"; and
WHEREAS, the City's donation of $5,000.00 for the display will support the Fairplex Garden Railroad; and
WHEREAS, the City's donation serves a public purpose in that it supports an organization that provides enriching educational experiences and services to the community; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.

SECTION 2: the City's donation serves a public purpose in that it supports an organization that provides enriching educational experiences and services to the community.

SECTION 3: The City Council hereby approves the donation of Five Thousand Dollars ($5,000.00) to the TLC for participation and display in the Fairplex Garden Railroad during the Fair.

SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.

SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 6: That City C Sall cary to the adoption of this Resolution and that the same shall be in tull torce and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on March 28, 2024, by the tollowing vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.3

CITY OF INDUSTRY

COUNCIL OF THE CITY INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00),

FOR ITS ANNUAL GOLF TOURNAMENT

BACKGROUND
The Industry Sheriffs Youth Athletic League (YAL") provides programs to at-risk youth in the surrounding communities since its founding. The YAL program serves over 2,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program, and Camp C.O.U.R.A.G.E., at no cost to participating youth or their families. Through these programs the youth receive mentoring and learn to make positive life decisions. The program recognizes the importance of early intervention and is a positive influence on thousands of children.

DISCUSSION
The YAL contacted the City for a donation to sponsor the 31st Annual Invitational Golf Classic program, on May 6, 2024, at Pacific Palms Resort. The donation of $100,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the event, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated.

FISCAL IMPACT
In the Fiscal Year 2023/24 budget, $456,000.00 was approved for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5601).

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. CC 2024-09.

Attachments
A. Resolution No. CC 2024-09

ATTACHMENT A
RESOLUTION NO. CC 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE

INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE, IN THE

AMOUNT OF ONE HUNDRED THOUSAND DOLLARS
($100,000.00), FOR ITS ANNUAL GOLF TOURNAMENT

RECITALS
WHEREAS, the Industry Sheriff's Youth Athletic League (YAL") provides programs to at-risk youth in the surrounding communities since its founding in 1991; and WHEREAS, the YAL serves over 2,500 local youth under the age of 18 through programs such as flag football, basketball, baseball, soccer, golf, tennis, scuba, martial arts, educational field trips, the Law Enforcement Academy at La Puente High School for middle and high school students, the Law Enforcement Explorers Program, and Camp C.O.U.R.A.G.E., at no cost to participating youth or their families; and WHEREAS, the YAL contacted the City for a donation to sponsor its 31st Annual Invitational Golf Classic held on May 6, 2024; and
WHEREAS, the City's donation of $100,000.00, along with other fundraising efforts, will assist the YAL in providing resources to the community; and WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Annual Golf Tournament, which is determined by City Staff's availability to assist with event planning, set up, supporting day-of activities, and event tear down. City Staff is estimating that approximately 100 hours of support services will be donated; and
WHEREAS, the City's donation serves a public purpose by contributing to YAL, which supports youth in the community by providing programs that mentor the youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.

SECTION 2: The City's donation serves a public purpose in that the YAL supports the youth in the community by providing programs that mentor the youth and teach them to make positive life decisions. These programs recognize the importance of early intervention, and its positive influence on thousands of children.

SECTION 3: The City Council hereby approves the donation of One Hundred Thousand Dollars ($100,000.00) to the Industry Sheriff's Youth Athletic League, as well as an in-kind donation of 100 Staff hours for support services.

SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.

SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on March 28, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.4

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Upendra Joshi, Sr. Project Manager, CNC Engineering
DATE: March 28, 2024
SUBJECT: Consideration of Resolution No. CC 2024-10 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, ADOPTING VEHICLE

MILES TRAVELED THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF

ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND NOTICE OF EXEMPTION

REGARDING SAME

BACKGROUND
In March 2020, the City of Industry (the "City") entered into a Memorandum of Agreement with the San Gabriel Valley Council of Governments ("SGVCOG") to participate in the San Gabriel Valley Regional Vehicle Miles of Traveled ('VMT") Analysis Model. The City is one of 26 SGVCOG member cities that opted into the SGVCOG SB 743 Implementation process.

On June 25, 2020, the City approved Resolution No. CC 2020-20 adopting VMT significance thresholds for three different VMT metrics pursuant to guidance provided by the State's Office of Planning and Research ("OPR"). Following adoption of VMT thresholds by 26 SGVCOG cities, the SGVCOG VMT Evaluation Tool was developed for the 26 participating cities to use for assessing the potential VMT impacts of proposed projects.

The current SGVCOG VMT Evaluation Tool is based on VMT outputs from the 2016 RTP/SCS trip- based model and needs to be updated to be consistent with the 2020 RTP/SCS activity-based model (ABM). As with every RTP update, the regional travel demand model is updated to reflect the latest population, employment, and traffic count information (socioeconomic data).

The SGVCOG participating cities were aware that the model would be changing from TBM to ABM and had anticipated that the change may prompt them to change the adopted baseline for their VMT significance thresholds. However, the cities did not anticipate that the updated data would result in more significant changes to low VMT areas than the conversion to an activity-based model (refer to Attachment B, SGVCOG Technical Memorandum). The recommendation herein recognizes the following: 1) every four years the SCAG RTP/SCS will be updated prompting an update to the regional travel demand model; 2) the City's low VMT areas are based on the SCAG model; 3) low VMT areas under each of the three geographic baselines are likely to change when the SCAG model is updated; and 4) the City intends to use the baselines that maximize the number of "low VT" screening areas and to set the most achievable bar for reaching a given threshold.

DISCUSSION
In 2020, the City, with guidance provided by SGVCOG, adopted new California Environmental Quality Act ("CEQA") thresholds of significance for transportation impacts due to changes in State law pursuant to Senate Bill 743 (SB 743). These changes modified how the City evaluates projects for transportation impacts for the purposes of CEQA. Specifically, the City is required to use VMT instead of Level of Service ("LOS") as the metric to evaluate transportation impacts in CEQA documents.

The current SGVCOG VMT Tool is based on VMT outputs from the Southern California Association of Governments ("SCAG") 2016 Regional Transportation Plan/Sustainable Communities Strategy ("RTP/SCS") trip-based model ("TBM") and needs to be updated to be consistent with the 2020 RTP/SCS activity-based model ("ABM"). The change of both the model simulation platform (trip- based model to activity-based model) and the underlying data, such as traffic counts and socioeconomic data, resulted in changes to the VT threshold numbers and low VMT areas.

This report describes the changes in VMT, more specifically, the change in the number of low VMT areas that meet the low VMT screening criterion, discusses the SGVCOG recommendations, and includes a draft Resolution to adopt CEQA transportation thresholds that comply with State guidance and align with the City's policies, goals, and objectives.

Staff recommends that the City Council adopt this Resolution, updating the VMT thresholds of significance.

Baseline Data Differences (2016 vs. 2020 RTP/SCS)
The SCAG 2016 RTP/SCS is based on traffic counts collected in 2012 and includes the roadway network, transit network and ridership information, land use information, and other socio-economic inputs. The 2020 RTP/SCS is based on the same datapoints collected in 2016.

This is the first update to the RTP since the SGVCOG participating cities adopted VMT thresholds of significance. The changes in the underlying data significantly altered the low, moderate, and high VMT-generating areas throughout the SGVCOG region for each of the three baseline alternatives (City, Southeast Subarea, and SGVCOG Region). In some cities under their adopted baseline, an area considered a low VMT area using the 2016 RTP model became a high VMT area using the 2020 RTP model. And under different baselines, the reverse occurred. This is important because the selection of baselines for determining VMT significance may impact a city's ability to approve projects. For example, if a developer selected a location for a warehouse project based on the city's low VMT areas for industrial uses and compatibility with the city's general plan but before they had submitted the development application the SCAG model was updated and the area became a high VMT area for warehouse, then the project would likely require the City to certify an environmental impact report (EIR) and adopt a statement of overriding considerations to move forward. Not only would this scenario delay project approval by up to two years, but it would delay construction of warehouse in an area designated for warehouse and result in higher priced warehouse units.

The City is located in the Southeast Subarea of the SGVCOG region. According to the City's Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment (September 2020), the City Council adopted the City of Industry baseline VMT as the benchmark to determine CEQA transportation impacts for all project types (residential, employment, and mixed- use/regional retail).

Pursuant to the OPR Guidance, cities can adopt different baselines based on project types and states that employment based VMT thresholds should use subregional or regional baselines. For employment generated VMT (VMT/employee), it is recommended that the City adopt the highest of two baselines (Southeast Subarea or SGVCOG) to set the most achievable bar for employment generating uses. The City's current threshold is appropriate for Total VMT per service population (OD VMT/SP) and for home-based VMT (VMT/capita), but it is recommended that the City adopt the highest of the three baselines (City, Southeast Subarea, or SGVCOG Region) to set the most achievable bar for reaching the given threshold. Adopting this change will allow the City to approve projects that both align with the City's General Plan and meet CEQA requirements in a timely manner.

This Resolution has been drafted in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. The adoption of new local CEQA thresholds of significance for transportation impacts and the adoption of new Local Transportation Assessment Guidelines will not have a significant environmental impact and are exempt from CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations because the two actions are undertaken by the City for the protection of the environment. revised CEQA thresholds will be compliant with a State mandate (SB 743) and will be used in a regulatory process (CEQA process) that involves procedures for the protection of the environment.

Accordingly, the City Council will consider the recommendation to find the Resolution exempt from the environmental review requirements of CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations.

FISCAL IMPACT
The City previously analyzed traffic impacts for CEQA compliance using LOS as the performance metric. The new law (SB 743) changes the impact metric to VMT. At this time, it has not been determined if the change of methodology will result in a fiscal impact. It is likely that the fiscal impact, if any, will depend on the parameters of each individual project.

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. CC 2024-10, and direct Staff to file the notice of exemption as required by law.

Attachments
A. Resolution No. CC 2024-10

ATTACHMENT A
RESOLUTION NO. CC 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY RESCINDING RESOLUTION NO. CC 2020-20 AND
ADOPTING "VEHICLE MILES TRAVELED" THRESHOLDS OF

SIGNIFICANCE FOR PURPOSES OF ANALYZING

TRANSPORTATION IMPACTS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Environmental Quality Act Guidelines ("CEQA Guidelines") encourage public agencies to develop and publish generally applicable "thresholds of significance" to be used in determining the significance of a project's environmental effects; and WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as "an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant", and
WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; and
WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; and
WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; and WHEREAS, in 2018, the Governor's Office of Planning and Research (OPR") proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3 that identifies vehicle miles traveled ("VT") - meaning the amount and distance of automobile travel attributable to a project - as the most appropriate metric to evaluate a project's transportation impacts; and
WHEREAS, as a result, automobile delay, as measured by "level of service" and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA; and WHEREAS, the City's project review process will retain "level of service" analysis to ensure consistency with the General Plan; and
WHEREAS, CEQA Guidelines section 15064.3 goes into effect on July 1, 2020, though public agencies may elect to be governed by this section immediately; and WHEREAS, the City of Industry is one of 26 San Gabriel Valley Council of Governments (SGVCOG) member cities that opted into the SGVCOG SB 743 Implementation process; and WHEREAS, at the conclusion of the process, the SGVCOG VMT Evaluation Tool was developed for the SGVCOG region, including VMT screening establishing a baseline threshold:
and
WHEREAS, the current SGVCOG VMT Evaluation Tool is based on VMT outputs from the 2016 Regional Transportation Plan/Sustainable Communities Strategies (RTP/SCS) trip-based model and needs to be updated to be consistent with the 2020 RTP/SCS activity-based model.

Additionally, changes in population, employment, and traffic counts have been updated in the 2020 RTP/SCS; and
WHEREAS, both updates have resulted in changes to the VMT threshold numbers and low VMT areas throughout the SGVCOG region, it is necessary to revise the City's adopted VMT thresholds of significance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Industry as follows:

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

Section 2. The City of Industry hereby adopts VMT thresholds for each VMT type based on 15 percent below the baseline VMT' that sets the most achievable VMT target. The VMT per employee threshold for employment-generating projects shall be based on 15 percent below either the SGVCOG Southeast Subarea or SGVCOG Region, whichever results in the largest numerical value. The VMT per capita thresholds for residential projects may be based on the City, SGVCOG Southeast Subarea, or SGVCOG Region, whichever results in the largest numerical value. The VMT per service population thresholds for mixed-use projects may be based on the City, SGVCOG Southeast Subarea, or SGVCOG Region, whichever results in the largest numerical value.

Section 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 4. The City Council hereby rescinds Resolution No. CC 2020-20 in its entirety.

And this Resolution No. CC 2024-10 shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, at a regular meeting held on March 28, 2024, by the following vote:
1 The baseline VMT shall be based on the most current and available Southern California Association of Governments Regional Transportation Plan travel demand model.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk, CMC

EXHIBIT A
Notice of Exemption
[Attached]

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way
Environmental Filings City of Industry, CA 91744
12400 E. Imperial Highway #2001
Norwalk, CA 90650
Project Title: Resolution to adopt Vehicles Miles Traveled metrics for CEQA Project Location - Specific: N/A
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: Resolution to adopt Vehicles Miles Traveled thresholds of significance for purposes of analyzing transportation impacts under the California Environmental Quality Act, as required by SB 743
Name of Public Agency Approving Project: City Council, City of Industry Name of Person or Agency Carrying Out Project:

Exempt Status: (check one)
• Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: 15308 Statutory Exemptions. State code number:

Reasons why project is exempt: The proposed project is exempt from CEQA because pursuant to Section 15308 of the CEQA Guidelines, actions taken to assure the maintenance, restoration, enhancement, or protection of the environment where the process involves procedures for protection of the environment are exempt from CEQA. Adoption of the resolution implementing the project will result in the enhancement and protection of the environment by encouraging land use and transportation decisions that reduce greenhouse gas emissions, encourage infill development, and improve public health through active transportation.

Lead Agency
Contact Person: Mathew Hudson Telephone: (626) 333-2211 Signature: Date: March 28, 2024
Title: Engineering Manager

EXHIBIT B
VMT Thresholds
[Attached]
City of Industry VMT Baselines and Thresholds of
Significance
Consistent with State CEQA guidelines section 15064.3, the City of Industry has adopted the project baselines and thresholds of significance set forth in Table 1 to guide in determining when a project will have a significant transportation impact.

Table 1
Project Type Thresholds
Land Use Plan 1) Project Impact: A significant impact would occur if the VMT rate for the plan would exceed the applicable
baseline VMT rate.
2) Cumulative Project Effect: A significant impact would occur if the project increases total regional VMT
compared to cumulative no project conditions.

Land Use Project 1) Project Impact: A significant impact would occur if the VMT rate for the project would exceed the applicable
baseline VMT rate.
2) Cumulative Project Effect:

A significant impact would occur if the project increases total regional VMT compared to cumulative no project
conditions.

Retail Project (over 50,000 1) Project Impact: A significant impact would occur if the square feet) VMT rate for the project would exceed the applicable baseline VMT.
2) Cumulative Project Effect: A significant impact would occur if the project increases total VMT in the study area compared to baseline conditions.

Transportation Project A significant impact would occur if the project causes a net increase in total regional VMT compared to baseline conditions, opening year no project conditions, or cumulative no project conditions.

All land use and A significant impact would occur if the project is inconsistent with transportation projects the RTP/SCS.

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.5

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: March 28, 2024
SUBJECT: Second Reading and Adoption of Zoning Code Amendment No. 24-01, an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions) and Add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), And Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof

BACKGROUND
On March 14, 2024, the City Council conducted a public hearing and the first reading and introduction of Ordinance No. 829, to amend Chapter 17.08 (Definitions) and add Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 17 (Zoning) to the City's Code. The revisions to the Code will provide a procedure facilitating the development of accessory dwelling units and junior accessory dwelling units. This ordinance is now being presented for second reading and adoption.

FISCAL IMPACT
There is no fiscal impact associated with this agenda report. State law allows the City to charge impact fees proportionately in relation to the square footage of the primary dwelling units. No new fee is proposed at this time.

RECOMMENDATION
Staff recommends the City Council conduct second reading, by title only, and adopt Ordinance No. 829, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF INDUSTRY MUNICIPAL CODE, TO AMEND CHAPTER 17.08 (DEFINITIONS) AND ADD CHAPTER 17.80 (ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS), AND ADOPTING A

NOTICE OF EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF.

Attachments
A. Ordinance No. 829
ORDINANCE NO. 829

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE CITY OF
INDUSTRY MUNICIPAL CODE, TO AMEND CHAPTER 17.08
(DEFINITIONS) AND ADD CHAPTER 17.80 (ACCESSORY DWELLING

MAKING FINDINGS IN SUPPORT THEREOF

RECITALS
WHEREAS, the State legislature enacted and amended California Government Code Sections 65852.2 and 65852.22, imposing an affirmative duty on local governments to encourage the development of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, California Government Code Sections 65852.2(h)(1) requires local governments to submit a copy of the ADU ordinance to the California Department of Housing and Community Development ("HCD") within 60 days after adoption, and HCD may submit written findings to the local governments as to whether the ordinance complies with state law; and
WHEREAS, Program 2 of the 2021-2029 Housing Element commits the City to define and permit ADUs by-right on any parcel in the Recreation and Open Space Zone ("ROS") and Housing Overlay Zone ("HOZ") that allows single- or multifamily housing in accordance with the California Government Code Sections 65852.2(a); and WHEREAS, Program 4 of the 2021-2029 Housing Element commits the City to develop an ordinance that defines and permits ADUs in accordance with state law; and WHEREAS, the City is committed under state law and the adopted Housing Element to permit ADUs and JADUs; and
WHEREAS, the City intends to implement requirements of state law and add local policies that are consistent with state law and implement the City's General Plan; and WHEREAS, based on Staff's review and assessment, the proposed Ordinance is exempt from the California Environmental Quality Act ("CEQA" ", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Additionally, the proposed Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2. The proposed Ordinance implements the provisions of Government Code Section 65852.2, which is the state's ADU law and also regulates junior accessory dwelling units as set forth under Government Code Section 65852.22.

As such, the adoption of the ordinance is exempt from CEQA; and WHEREAS, on February 17, 2024, notice of the Planning Commission's February 27, 2024 public hearing on the proposed Zoning Code amendment was published in the San Gabriel Valley Tribune, and was posted City Hall, City's Council Chambers, Fire Station 118, and on the City's website; and
WHEREAS, on February 27, 2024, the Planning Commission of the City of Industry conducted a duly noticed public hearing on Zoning Code Amendment No. 24-01, and considered all testimony written and oral, and adopted Resolution No. PC 2024-01, recommending the City Council adopt the Ordinance; and
WHEREAS, on March 1, 2024, notice of the City Council's March 14, 2024, public hearing on Ordinance No. 829 was published in the San Gabriel Valley Tribune, in compliance with the City's Municipal Code and Government Code Section 65090; and WHEREAS, on March 1, 2024, notice of the City Council's March 14, 2024, public hearing on Ordinance No. 829 was posted at City Hall, the City's Council Chambers, Fire Station 118, and on the City's website; and
WHEREAS, on March 14, 2024, the City Council of the City of Industry conducted a duly noticed public hearing on Ordinance No. 829, and considered all testimony written and oral; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

The City Council finds that based upon substantial evidence presented to the City Council during the March 14, 2024 public hearing, including public testimony and oral staff reports, that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.

SECTION 2. CEQA Findings.

The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The City Council has determined that the text amendment is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code Section 65852.2. Further, the City Council has determined that the text amendment does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that adoption of the ordinance has no possibility of having a significant effect on the environment. The proposed amendment does not contemplate any specific project requiring discretionary review. Any future project that requires discretionary review will be analyzed at the appropriate time in accordance with any applicable CEQA requirements. This amendment enacts a procedure as required by state law and does not change the density, intensity, or allowed uses or have other effects on the environment. Based on the foregoing, the City Council approves and adopts the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law.

SECTION 3. Zoning Code Text Amendment Findings.

Based upon substantial evidence presented to the City Council during the March 14, 2024 public hearing, including public testimony and written and oral staff reports, and which includes without limitation, CEQA, the CEQA Guidelines, and the City's Code, and any documents provided by the public to the City Council at the March 14, 2024 public hearing, the City Council finds as follows:
a. The proposed ordinance is in conformity with the goals and policies of the City's General Plan because Program 2 of the 2021-2029 Housing Element provides that the City "Idjefine and permit ADUs by-right on any lot that allows single- or multifamily housing in accordance with the Government Code §65852.2(a) in the ROS Zone and HOZ. Goal: Yield 4 ADUs" ", and Program 4 of the 2021-2029 Housing Element provide that the City "Idjevelop an ordinance that defines and permits ADUs in accordance with state law. (Target 4 ADUs by the end of 2029)." The purpose of the proposed Zoning Code Amendment No. 24-01 is to establish an accessory dwelling unit and junior accessory dwelling unit process, thereby implementing two specific objectives of the City's General Plan. b. The adoption of an accessory dwelling unit and junior accessory dwelling unit ordinance is consistent with the City's Zoning Code because the purpose of adopting the ordinance is to comply with State law. Pursuant to Section

17.04.030 of the City Code, "Tilt is further declared that the city council deems the zones established pursuant to this title to be best suited to provide for and promote the public safety, health and welfare and to carry out the purposes of the planning law of the state." The proposed Ordinance will implement Programs 2 and 4 of the adopted housing element. Finally, California Government Code Section 65583(c)(7) provides that housing elements will "[develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households." The proposed accessory dwelling units and junior accessory dwelling units ordinance facilitates the development of accessory dwelling units and junior accessory dwelling units in order for the City's 2021-2029 Housing Element to comply with state law and, therefore, "will carry out the purposes of the planning law of the state"
c. The proposed Zoning Code amendment is not detrimental to the public health, safety or general welfare, because it furthers the State's commitment to increasing the supply of housing.

SECTION 4. Municipal Code Amendment.

Sections 17.08.003 (Accessory dwelling unit), 17.08.096 (Junior accessory dwelling unit), and 17.08.112 (Public transit) are hereby added to Chapter 17.08 (Definitions), of Title 17 (Zoning) of the City of Industry Municipal Code, to read in their entirety as follows:

17.08.003 Accessory dwelling unit.
"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated, and also includes, but is not limited to, the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) Manufactured housing.

17.08.096 Junior accessory dwelling unit.
"Junior accessory dwelling unit" means a dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.

17.08.112 Public transit.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

SECTION 5. Municipal Code Amendment.

Chapter 17.80 (Accessory Dwelling Units and Junior Accessory Dwelling Units), is hereby added to Title 17 (Zoning) of the City of Industry Municipal Code, to read in its entirety as follows:

CHAPTER 17.80

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Sections:

17.80.010 Intent and purpose.

17.80.020 Applications and processing.

17.80.030 General requirements.

17.80.040 Development and design standards - accessory dwelling units.

17.80.050 Development and design standards - junior accessory dwelling units.

17.80.060 Utilities and impact fees.

17.80.010 Intent and purpose.

The purpose of this chapter is to provide a procedure for permitting accessory dwelling units and junior accessory dwelling units, consistent with the provisions of California Government Code Sections 65852.2 and 65852.22.

17.80.020 Applications and processing.
(A) Applications to create or serve a junior accessory dwelling unit or an accessory dwelling unit shall be ministerially processed and either approved or denied without discretionary review or a hearing within 60 days of receipt of a complete application. If the application is denied, the city will provide, within the 60-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.
(B) Notwithstanding subdivision (A) above, if the application is submitted with an application to create a single-family dwelling or multifamily dwelling on the parcel, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling or multifamily dwelling is approved or denied. Once the application for the new single-family dwelling or multifamily dwelling has been approved or denied, the application for the junior accessory dwelling unit or accessory dwelling unit shall be ministerially processed and either approved or denied within 60 days. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling unit.
(C) The city shall grant a delay in processing the permit application if requested by the applicant, in which case the 60-day period is tolled for the period of the requested delay.
(D) If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time.
(E) An application for an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the proposed dwelling.

17.80.030 General requirements
(A) Zoning. Accessory dwelling units are allowed on parcels zoned to allow single- family dwellings or multifamily dwellings, including mixed-use zones. Junior accessory dwelling units are allowed on parcels located in single-family residential zones and are not permitted on a property with a multifamily dwelling. (B) Single-family Dwellings. The following may be permitted on a parcel with an existing or proposed single family dwelling:
(1) One junior accessory dwelling unit that meets the standards in Section 17.80.050 below. A junior accessory dwelling unit is only permitted on a parcel with no more than one existing or proposed single-family dwelling; or
(2) One new construction, attached or detached accessory dwelling unit that meets the standards in Section 17.80.040 below.
(C) Multi-family Dwellings. One accessory dwelling unit that meets the standards of Section 17.80.040 below shall be permitted on a parcel with an existing or proposed multifamily dwelling.
(D) Exempt Accessory Dwelling Units and Junior Accessory Dwelling Units.

Accessory dwelling units permitted under this subsection (D) are exempt from the development and design standards provided in Section 17.80.040 below. If an accessory dwelling unit or junior accessory dwelling unit does not exist on a parcel, if an accessory dwelling unit or junior accessory dwelling unit is not proposed on a parcel pursuant to subsection 17.80.030(B) or (C) above, or if an accessory dwelling unit or junior accessory dwelling exists on a parcel but the development of an additional accessory dwelling unit or of a junior accessory dwelling unit would not exceed the what is allowed under this Subsection (D), an application for a building permit within a residential or mixed-use zone shall be ministerially approved to create any of the following:
(1) Not more than one accessory dwelling unit and one junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
(a) The accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(b) The space has exterior access from the proposed or existing single-family dwelling.
(c) The side and rear setbacks are sufficient for fire and safety. (d) The junior accessory dwelling unit complies with the requirements of Section 17.80.050.
(2) Not more than one detached, new construction accessory dwelling unit and one junior accessory dwelling unit per parcel with a proposed or existing single family dwelling if all of the following apply:
(a) The side and rear yard setbacks are not less than four feet; (b) The accessory dwelling unit does not exceed 800 square feet in floor area; and
(c) The accessory dwelling unit does not exceed the height limitation as provided in subsection 17.80.040(F); and
(d) The junior accessory dwelling unit complies with the requirements of Section 17.80.050.
(3) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each accessory dwelling unit complies with state building standards for dwellings. The city shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to the number equivalent to 25 percent of the existing multifamily dwelling units. (4) Not more than two accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling if the accessory dwelling units are detached from that multifamily dwelling, do not exceed the allowed height pursuant to subsection 17.80.040(F), and have rear yard and side setbacks of no more than four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(E) Sale and Rental of Accessory Dwelling Units and Junior Accessory Dwelling Units.
(1) Neither accessory dwelling units nor junior accessory dwelling units may be sold separately from the primary dwelling unit. However, an accessory dwelling unit may be owned by multiple owners as tenants in common if the single-family dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26 and the transaction meets the requirements of Government Code Section 65852.26.
(2) Junior accessory dwelling units and accessory dwelling units may be rented independently of the primary dwelling unit. However, neither the junior accessory dwelling unit nor the accessory dwelling unit may be used for short-term residential rentals of less than 30 consecutive days.

F) Building Code Requirements. Accessory dwelling units and junior accessory welling units shall complv with all applicable buildina code reduirements Notwithstanding this requirement:
(1) Fire sprinklers are not required in an accessory dwelling unit if they are not required for the single-family dwelling or multifamily dwelling. Fire sprinklers cannot be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit; and
(2) The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.
(G) A certificate of occupancy for an accessory dwelling unit shall not be issued before the city issues a certificate of occupancy for the primary dwelling. (H) Covenants. Prior to issuance of a building permit for an accessory dwelling unit, the owner of the parcel shall record a covenant with the Los Angeles County Recorder in a form prescribed by the city, which shall run with the land and provide for the following:
(1) A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family dwelling or multifamily dwelling; and (2) A restriction on renting the accessory dwelling unit for fewer than 30 consecutive calendar days.

17.80.040 Development and design standards - Accessory dwelling units (A) The accessory dwelling unit shall comply with the requirements of the underlying zoning district and all other municipal code provisions unless:
(1) The requirements are inconsistent with the provisions of this chapter, in which case the standards of this chapter shall apply; or (2) The application is to legalize an unpermitted accessory dwelling unit that was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, Government Code Section 65852.2, or California and local building code requirements. The city can deny the application for an unpermitted accessory dwelling as described in this subsection (A)(2) if the city makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section 17920.3. (3) Limits on size based on a percentage of the proposed or existing primary dwelling, parcel coverage, floor area ratio, front set back, open space, and size shall permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards. (B) Entrance. The entrance into an accessory dwelling unit shall be separate from the entrance into a single family dwelling and separate from the entrances into the other dwelling units in a multifamily dwelling, as applicable. (C) Parking
(1) The number of off-street parking spaces required for an accessory dwelling unit is equivalent to the lesser of one per accessory dwelling unit or one per bedroom. The parking may be provided as tandem parking on a driveway. The parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Parking is not required for an accessory dwelling unit in any of the following instances:
(a) where the accessory dwelling unit is located within one-half mile walking distance of public transit;
(b) where the accessory dwelling unit is located within an architecturally and historically significant historic district; (c) where the accessory dwelling unit is part of the proposed or existing primary dwelling or any accessory structure;
(d) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
(e) where the accessory dwelling unit is located within one block of a car share vehicle pickup location;
(f) when an application for an accessory dwelling unit is submitted with an application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) If a parking structure is demolished in connection with the construction of an accessory dwelling unit or if a parking structure is converted to an accessory dwelling unit, the off-street parking that was provided in the parking structure is not required to be replaced.
(D) Size
(1) Maximum Size. The floor area of a new construction attached or detached accessory dwelling unit may not exceed the lesser of 50 percent of the floor area of the primary dwelling or 850 square feet for a studio or one bedroom and 1,000 square feet for an accessory dwelling unit that contains more than one bedroom. The limitation based on size of the primary dwelling shall not apply if the accessory dwelling unit is 800 square feet or less.
(2) Minimum Size. No accessory dwelling unit may be smaller than an efficiency unit.
(E) Setbacks. Except as specified below, an accessory dwelling unit is required to comply with the setback requirements of the zone in which the unit is to be located. (1) No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.
(2) For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.
(F) Height.
(1) Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit may not exceed 25 feet or the height limitation that applies to the single- family or multifamily dwelling, whichever is lower. The accessory dwelling unit may not exceed two stories.
(2) Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit may not exceed:
(a) 16 feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling;
(b) 18 feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling if the parcel is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;
(c) 18 feet on a parcel with an existing or proposed multifamily, multistory dwelling.
(G) Detached accessory dwelling units larger than 800 square feet or any attached accessory dwelling units shall match the architectural design of the primary dwelling unit, including, but not limited to, finish materials, textures and colors, decorative façade treatment such as stone veneer and shutters, roof style and pitch, and scale and form.

17.80.050 Development and design standards - Junior accessory dwelling units (A) The junior accessory dwelling unit shall comply with the requirements of this section 17.80.050.
(1) Number of Junior Accessory Dwelling Units. The number of junior accessory dwelling units is limited to one per parcel zoned for single-family dwellings with a single-family dwelling built, or proposed to be built, on the parcel. (2) Owner-Occupancy. The owner of the single family dwelling in which the junior accessory dwelling unit will be permitted shall reside in either the single-family dwelling or the junior accessory dwelling unit. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization. (3) Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner of the parcel shall record a deed restriction with the Los Angeles County Recorder in a form prescribed by the city, which shall run with the land, and provide for the following:
(a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
(b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(c) A restriction on renting the junior accessory dwelling unit for fewer than 30 consecutive calendar days; and
(d) A requirement that either the single-family dwelling or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization. (4) Location. The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family dwelling. For purposes of this paragraph, enclosed uses within the dwelling, such as attached garages, are considered a part of the proposed or existing single-family dwelling. (5) Entrance. A junior accessory dwelling unit shall have a separate entrance from the single family dwelling.
(6) Sanitation Facilities. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling. If a permitted junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall also have direct access to the main living area of the single-family dwelling so as not to need to go outside to access the bathroom.
(7) Kitchen. A junior accessory dwelling shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. (D) Replacement Parking. If a junior accessory dwelling unit is constructed in an attached garage, the applicant shall replace the off-street parking for the single family dwelling.

17.80.060 Utilities and impact fees.
(A) An accessory dwelling unit is not considered by the city to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. However, these provisions do not apply to accessory dwelling units that are constructed concurrently with a new single-family home. (B) City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more will be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(C) All new utility extensions shall be placed underground. (D) If an accessory dwelling unit will connect to an onsite wastewater treatment system, the application shall include a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

SECTION 5. Clerical Errors.

The City Council directs the City Clerk to correct any clerical errors found in this Chapter, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.

SECTION 6. Severability.

Should any section, subsection, clause, or provisions of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity of unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

SECTION 7. Effective Date.

In accordance with California Government Code § 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 8. Publication.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this ordinance to be published and posted as required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Industry, California, at a regular meeting held on March 28, 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:

Julie Gutierrez-Robles, City Clerk

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.6

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; Timothy Bowser, GIS Manager, CNC Engineering
DATE: March 28, 2024
SUBJECT: Consideration of Amendment No. 2 to the Purchase Order Request for Amazon Web Services (MP 16-06)

BACKGROUND
As part of the upgrade of the City's Geographic Information System ("GIS") platform from Environmental Systems Research Institute's ("ESRI") ArGIS Online, to ArcGIS Enterprise, cloud computing machines and storage for GIS data is required. The cloud infrastructure provides many benefits over onsite server infrastructure such as virtual machines and large scalable storage capacities for storing data. Cloud infrastructure provides data centers around the world to store and back up data to ensure the City's Geographic Information System ("GIS") is reliable and data can quickly be accessed by City users. There are several options when it comes to cloud infrastructure:

Amazon Web Services ("AWS"), Microsoft Azure ("Azure") and Google Cloud ("Google").

On March 25th, 2021, the City Council approved the purchase of on demand AWS for hosting the City's GIS. The initial cost included an upfront fee of $33,627.00 and 12 monthly payments of $3,294.91, totaling $73,165.92 annually. The plan allowed for scaling AWS services up to two times the basic specifications if needed, with an estimated cost of $169,921.60 for maximum capacity usage. The agreement was considered ongoing unless maximum capacity usage exceeded the current setup.

On September 28th, 2023, the City Council approved the transition from an on-demand pricing model to utilizing reserved instances Savings Plan to optimize costs. AWS provided an estimate for a partial upfront payment option with an estimated annual cost of $44,000.00. The agreement was considered ongoing unless maximum capacity usage exceeded the current setup.

DISCUSSION
Staff recommends the allocation of additional funds totaling $121,000.00 for AWS for a total of $165,000.00 annually to accommodate the migration of all GIS environments, including the sandbox environment, development environment, and production environment to AWS. This approach streamlines operations and reduces complexity and grants Staff full control over the GIS infrastructure. As a part of this migration, AWS Workspaces will be implemented, providing City Staff centralized access to all GIS environments from an assigned Microsoft Windows machine securely hosted in the cloud. With this setup, the GIS staff can work efficiently from any location without the constraints of VPN and can leverage improved processing power for GIS analysis.

The full transition to AWS offers cost savings over time by moving the Production environment from an on-demand pricing model to utilizing reserved instances. The development environment will be activated during business hours and shut down after hours, contributing to cost savings. The Sandbox environment will be activated when needed, specifically for testing new releases of ArGIS Enterprise from ESRI. The estimated annual cost for hosting the complete GIS infrastructure on AWS is $165,000.00 annually, which factors in fluctuations in pricing for each service. By tailoring AWS services to the City's GIS needs and committing to specific allocations of processing resources for the Production environment, the City can effectively manage costs while ensuring adequate infrastructure support for GIS operations.

Migrating all GIS components to AWS improves networking capabilities by eliminating the need for VPN tunnels with low bandwidth to migrate data from on-premises environments to AWS. This leads to significantly reduced migration times between environments and enhances overall networking efficiency, contributing to improved data accessibility and system performance.

Staff recommends transitioning the City's full GIS infrastructure to AWS as it aligns with the City's goals of enhancing operational efficiency, scalability, and reliability while optimizing costs. Leveraging the features and flexibility offered by AWS will ensure the continued success and growth of the City's GIS platform, better serving Staff and citizens.

On September 28th, 2023, Staff provided an estimate from AWS in the amount of $44,000.00 annually for hosting the City's GIS infrastructure with the AWS Savings Plan. However, it became evident that the quote of $44,000.00 was specific only to a subset of GIS services and did not encompass the entire scope of GIS components that the City intends to migrate to AWS. Therefore, the cost estimate of $165,000.00 reflects a more accurate representation of the total expenses associated with hosting the City's GIS infrastructure on AWS. This will be an ongoing agreement for maximum capacity usage is ever exceeded.

FISCAL IMPACT
The fiscal impact may fluctuate annually, up to $165,000.00. This is funded annually under General Fund-Information Technology-Computer Licenses (Account No. 100-525-5695.03) (MP 16-06).

RECOMMENDATION
Staff recommends the City Council approve the allocation of additional funds totaling $121,000.00 for Amazon Web Services (AWS) in a total of $165,000.00 annually.

Attachments
A. Amazon Web Services Quote
Contact your AWS representative: Contact Sales 2Z
Export date: 3/14/2024 Language: English
Estimate URL: https://calculator.aws/#/estimate?id=83ee98ffedbe80d62570fc36db1c4656d43201ea Estimate summary
Upfront cost Monthly cost Total 12 months cost

0.66 USD 13,190.71 USD 158,289. 18 USD
Includes upfront cost
Detailed Estimate
Name Group Region Upfront cost Monthly cost
Amazon EC2 No group US West 0.00 USD 1,014.67 USD
applied (Oregon)
Description: Existing t3a spec for Sandbox Account
Config summary: Tenancy (Shared Instances), Operating system (Windows Server), Workload (Consistent, Number of instances: 5), Advance EC2 instance (t3a.xlarge), Pricing strategy (Compute Savings Plans 1yr No Upfront), Enable monitoring (enabled), EBS Storage amount (500 GB), DT Inbound: Not selected (0 TB per month), DT Outbound: Internet (300 GB per month), DT Intra- Region: (0 TB per month)
Amazon Aurora No group US West 0.00 USD 1,157.73 USD
PostgreSQL- applied (Oregon)
Compatible DB
Description: DBs for production and non-prod
Config summary: Aurora PostgreSQL Cluster Configuration Option (Aurora Standard), Quantity (2), Instance type (db.r5.2xlarge), Utilization (25 %Utilized/Month), Pricing strategy (Reserved 1yr No Upfront), Storage amount (250 GB), Additional backup storage (1 TB) Elastic Load No group US West 0.00 USD 66.79 USD
Balancing applied (Oregon)
Description: For Web Servers
Amazon Simple No group US West 0.66 USD 23.55 USD
Storage Service applied (Oregon)
(S3)
Description: Image Hosting
AWS Web No group US West 0.00 USD 100.60 USD
Application applied (Oregon)
Firewall (WAF)
Description: Firewall for Web
Config summary: Number of Web Access Control Lists (Web ACLs) utilized (10 per month), Number of Rules added per Web ACL (2 per month, Number of Rule Groups per Web ACL (1 per month), Number of Rules inside each Rule Group (1 per month), Number of Managed Rule Groups per Web ACL (1 per month)
AWS Config No group US West 0.00 USD 20.01 USD
applied (Oregon)
Description: Security Configuration
Config summary: Number of Configuration items recorded (5000), Number of Config rule evaluations (5000), Number of Conformance pack evaluations (10) Amazon GuardDuty No group US West 0.00 USD 163.44 USD
applied (Oregon)
Description: Security Service
Config summary: EC2 VPC Flow Log Analysis (100 GB per month), EBS Volume Data Scan Analysis (2 TB per month), RDS provisioned instance vCPU (2 per month) Amazon Virtual No group US West 0.00 USD 283.99 USD
Private Cloud (VPC) applied (Oregon)
Description: Networking Service
AWS Backup No group US West 0.00 USD 0.00 USD
applied (Oregon)
Description: Used for backups of all data hosted in AWS Amazon No group US West 0.00 USD 200.47 USD
CloudWatch applied (Oregon)
Description: Monitoring
Config summary: Number of Metrics (includes detailed and custom metrics) (500), GetMetricData:

Number of metrics requested (500), GetMetricWidgetlmage: Number of metrics requested (500), Number of other API requests (500), Standard Logs: Data Ingested (50 GB), Logs Delivered to CloudWatch Logs: Data Ingested (50 GB)
Amazon Inspector No group US West 0.00 USD 12.50 USD
applied (Oregon)
Description: Security for virtual machines
Config summary: Average* No. of EC2 instances scanned per month (10) AWS Directory No group US West 0.00 USD 87.60 USD
Service applied (Oregon)
Description: Used for cloud active directory
Config summary: Total number of directories (1), Number of total additional domain controllers (0), Edition (Standard), Number of directories to be shared (1), Number of additional accounts to which each directory is shared (O), Shared Directory edition (Enterprise) Amazon FSx for No group US West 0.00 USD 93.50 USD
Windows File applied (Oregon)
Server
Description: File Share for ArcGIS apps
Config summary: Desired storage capacity (500 GB), Desired aggregate throughput (6 MBps) Amazon EC2 No group US West 0.00 USD 6,966.79 USD
applied (Oregon)
Description: Servers for non-prod and production t3a.2xlarge(10 of these will be new and turned off nightly)
Config summary: Tenancy (Shared Instances), Operating system (Windows Server), Workload (Consistent, Number of instances: 21), Advance EC2 instance (t3a.2xlarge), Pricing strategy (Compute Savings Plans 1yr No Upfront), Enable monitoring (enabled), EBS Storage amount (500 GB), DT Inbound: Not selected (0 TB per month), DT Outbound: Internet (300 GB per month), DT Intra- Region: (0 TB per month)
AWS Directory No group US West 0.00 USD 109.50 USD
Service applied (Oregon)
Description: Used for cloud active directory for sandbox workspaces Config summary: Total number of directories (1), Simple AD size (Large) Amazon AppStream No group US West 0.00 USD 12.57 USD

2.0 applied (Oregon)
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CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.7

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager; James Cramsie, Director of Engineering, CNC Engineering
DATE: March 28, 2024
SUBJECT: Consideration of authorization to advertise for public bids for Contract No. CITY- 1515, Chino Ranch Dam No. 1 Riprap Project At Arnold Reservoir, for an estimated cost of $940,000.00 (MP 02-31 #8)

BACKGROUND
The Chino Ranch Dam No. 1 (aka the Arnold Reservoir) was originally constructed in the 1910s, with the crest raised in the 1950s. The City of Industry (the "City") acquired the Tres Hermanos property in the 1970s and has maintained the dam since its acquisition. In 2018, the Tres Hermanos Conservation Authority ("TCHA") was established through a Joint Powers Agreement ("JPA") between the cities of Industry, Diamond Bar and Chino Hills. A condition of the JPA is that the City would undertake a project to refurbish the dam due to natural deterioration over its decades of operation. The natural deterioration was caused by normal rise and fall of the water level in Arnold Reservoir throughout the years as well as wind action causing water to lap against the dam face on an ongoing basis. Upon completion of the project, the JPA will take over maintenance responsibilities of the dam, as per the agreement.

DISCUSSION
Prior to beginning the plans and specifications, the best approach for providing protection of the dam face needed to be determined. After reviewing various options, it was determined that the installation of rip-rap along the dam face was the best option. In addition, it was decided to conduct a pilot project using this approach to analyze its effectiveness. In October 2022, under City Contract No. CITY- 1471, a 50-foot section of the dam face was lined with rip rap. The rip rap has been monitored since then and has been determined to provide a stable improvement.

Based on the results of the pilot project, Staff moved forward to prepare final plans and specifications for full rehabilitation of the dam's face. The scope of work involves placing rip rap along the face of the dam from the existing spillway to the eastern end of the dam's face, removal and replacement of the PCC spillway approach slab and minor drainage improvements downstream from the dam. This project will be implemented as Contract No. CITY-1515, subject to the approval by the City Council.

FISCAL IMPACT
The estimated cost for this project is $940,000.00 (MP 02-31 #8) (Account No. 120-715-5205).

RECOMMENDATION
It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.

Attachments
A. Notice Inviting Bids
B. Engineers Estimate
C. Section A Pages A-1 through A-7
D. Reduced Set of Project Plans

ATTACHMENT A

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. 515
CHINO RANCH DAM NO. 1 RIPRAP PROJECT AT ARNOLD RESERVOIR CONTRACT NO. CITY-1515
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, May 14, 2024, via the City of Industry's PlanetBids™ vendor portal. be submitted through
https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.

Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

Contract No. CITY-1515 - Specifications
The Scope of Work is as follows: Place rip rap along the face of the dam from the existing spillway to the eastern end of the dam face. Removal and replace of the PCC spillway approach slab. Minor drainage improvements downstream of the dam.

Two pre-bid meetings will be conducted by the City Engineer at the job site on Wednesday, April 17, 2024 at 10:00 A.M. and Tuesday, April 23, 2024 at 10:00 A.M. All bidders are required to attend; it is mandatory to attend one of the pre-bid meetings. Attendees will meet at the access gate located on the south side of Grand Avenue, approximately 0.5 miles east of Longview Drive. For bidders who are not able to attend the scheduled job walks and desire to provide a bid, arrangements may be made by contacting the project manager at CNC Engineering, (626) 333- 0336, to see the site. Job walks may be scheduled between 10 AM and 2 PM, Monday through Friday. The bidder shall allow 48 hour advance notice to allow for coordination and scheduling access to the site. Job walks requested in the last 72 hours prior to the bid time may not be possible but will be accommodated if possible.

Online Questions and Answers will be due via the City of Industry's PlanetBids ™M vendor portal on Friday, May 3, 2024 at 5:00 P.M.

Contract No. CITY-1515 - Specifications

CITY OF INDUSTRY
PROJECT NO. 515
CHINO RANCH DAM NO. 1 RIPRAP PROJECT AT ARNOLD RESERVOIR CONTRACT NO. CITY-1515
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY OF INDUSTRY.

The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.

By the order of the CITY OF INDUSTRY dated March 28, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1515 - Specifications

ATTACHMENT B
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. 515
CHINO RANCH DAM NO. 1 RIPRAP PROJECT AT ARNOLD RESERVOIR CONTRACT NO. CITY-1515

ENGINEER'S ESTIMATE
$940,000.00
Contract No. CITY-1515 - Specifications

ATTACHMENT C

SECTION A

CITY OF INDUSTRY
PROJECT NO. 515
CHINO RANCH DAM NO. 1 RIPRAP PROJECT AT ARNOLD RESERVOIR CONTRACT NO. CITY-1515
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 10:00 A.M. on Tuesday, May 14, 2024, via the City of Bids
https://www.planetbids.com/portal/portal.cfm?CompanyID=29042.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

The Scope of Work is as follows: Place rip rap along the face of the dam from the existing spillway to the eastern end of the dam face. Removal and replace of the PCC spillway approach slab. Minor drainage improvements downstream of the dam.

Two pre-bid meetings will be conducted by the City Engineer at the job site on Wednesday, April 17, 2024 at 10:00 A.M. and Tuesday, April 23, 2024 at 10:00 A.M. All bidders are required to attend; it is mandatory to attend one of the pre-bid meetings. Attendees will meet Contract No. CITY-1515 - Specifications
A-1
at the access gate located on the south side of Grand Avenue, approximately 0.5 miles east of Longview Drive. For bidders who are not able to attend the scheduled job walks and desire to provide a bid, arrangements may be made by contacting the project manager at CNC Engineering, (626) 333-0336, to see the site. Job walks may be scheduled between 10 AM and 2 PM, Monday through Friday. The bidder shall allow 48 hour advance notice to allow for coordination and scheduling access to the site. Job walks requested in the last 72 hours prior to the bid time may not be possible but will be accommodated if possible.

Online Questions and Answers will be due via the City of Industry's PlanetBids ™ vendor portal on Friday, May 3, 2024 at 5:00 P.M.

The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited. If the bid guarantee is a Cashier's Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier's Check shall be sealed in an envelope, endorsed as follows: CITY-1515 - CHINO RANCH DAM NO. 1 RIPRAP PROJECT AT ARNOLD RESERVOIR, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBids™, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the CITY and will be given a deadline to submit.

The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.

The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least Bt:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.

CONTRACTOR

INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contract No. CITY-1515 - Specifications
A-2
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the CITY.

Contractor shall provide the following types and amounts of insurance:

Without limiting Contractor's indemnification of CITY, and prior to commencement of the Project, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the CITY.

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability ("CGL") policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

Contract No. CITY-1515 - Specifications
A-3
Contractor shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, its officers, agents, employees and volunteers.

Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation.

The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured.

Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements:

Proof of Insurance. Contractor shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the CITY will be promptly reimbursed by Contractor or the CITY will withhold amounts Contract No. CITY-1515 - Specifications
A-4
sufficient to pay premium from Contractor payments. In the alternative, the CITY may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Contractor of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional Insured Status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against Contract No. CITY-1515 - Specifications
A-5
whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

CITY's Right to Revise Requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the CITY and Contractor may renegotiate Contractor's compensation.

Self-insured Retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY.

Timely Notice of Claims. Contractor shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.

PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 ", for Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
(1) Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates. (ii) Section 1777.4, Apprenticeship Requirements.
(iii) Section 1777.5, Apprenticeship Requirements.

Contract No. CITY-1515 - Specifications
A-6
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(VI) Section 1775, Payroll Records.
(Vii) Section 1773.8, Travel and Subsistence Pay.

CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the CITY.

LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

AGREEMENT
When the award of a contract is made to a corporation, the Agreement must be signed by the Secretary/Treasurer of the corporation in addition to the signature of the President/Vice President, or the public agency needs to receive a copy of a resolution adopted by the Board of Directors of the corporation indicating that the party executing the contract has the authority to bind the corporation.

SURETY BONDS
All surety bonds issued in connection with projects for public works must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The power of attorney and the bonds must be executed by the same person, and such signatures shall be notarized.

By the order of the CITY OF INDUSTRY dated March 28, 2024 Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1515 - Specifications
A-7

ATTACHMENT D

GENERAL NOTES CITY OF INDUSTRY CONSTRUCTION NOTES
® PROTECT IN PLACE DESCPAPTON PER PLAN.
- PEMOVE DASTNG PCC SLAB.

IMPROVEMENT PROJECT NO. 515 SHOVE DUSTNO VECETATION AND GRACE PER FLAX shone wire Poil
CHINO RANCH DAM NO. 1 RIPRAP PROJECT

AT ARNOLD RESERVOIR
ON SILET NOTE REPRAP TO LATCH DOSTHO PER DETAL NO +
CONTRACT NO. CITY-1515
ASACON ANCHOR SEPORT TO RAGED TENSICLE.
® RECONS A TO MAN IS OUTED READ PAD AS
-RUCE CREST OF DAN PER DAL SERAP TYPICAL SECTION A ON
APROND EQUAL ASS A-12 ST IS 12" HOPE 45' BOD (08
STORA PORS TOE PACE MON IONS COSmUT 2-2 OF THE STANDARD

LEGEND ABBREVIATIONS

EX POWER POLE

EX TEL POLE TY DEPARTMENT

BACK OF WALK

EX PULL BOX

EX CATCH BASN CATCH BASN

CURB FACE

ARE SHOMN ON THESE PLAN -PROJECT CHAINLAK FENCE

EX WATER VALVE
ARNOLD

EX GAS VALVE SITE

EX SEWER MANIOLE RESERVOR TE PPE

SY ORAN MANES

EX TELSPHONE MANHOLE END OF CUPE IN EDISON

DI CAC DUSTING GRADE, EDGE OF CUTTER OR PUBIC

NOTICE TO CONTRACTOR BEC

EX DRVENAY
STD
SONK

EX CHAN LINK FENCE FINSHED SURFACE

CRACE, BREAX OTTON OF RAUP
• EX STREET UGHT

EX TRAITIC SIGHAL ROCK LIEU CONCRETE PANE
ACINITY MAI 308888 FISHED SURFACE (XXXX)

OT TO SCAL GRACE BREAK

EX CAS

HICH POINT

EY WATER
• EX STORM GRAN WONTED PLAN CONCRETE PAIDENT

EX SEVER

INDEX OF DRAWINGS

EX TRAMI SEXAL 1 oF 5
PROP JOINT PLANE CONCRETE PAVEMENT 2 OF 5 DAM RIPRAP PLACEMENT AND GRADNO PLAX COLOULL AND OVERLAY 3 OF 5 SECTIONS & CONSTRUCTION DETAILS TO BE ADJUSTED BY SCE 4 OF 3 BASIN DRAINAGE PLAN & PROFILE

PROTECT N PLACE
5 OF 5 SPILLKAY IMPROVENENTS
TO BE MONUSTED BY FRONTER CALFORNIA, INC.

TO BE RESTORED BY LADN

CITY OF INDUSTRY
SMSONS CHINO RANCH DAM NO. 1 RIPRAP PROJECT

CITY OF INDUSTRY

BENCH MARK ARNOLD RESERVOIR DAM FORTIFICATION
INCORPORATED JUNE 18, 1957 TITLE SHEET, INDEX OF DRAWINGS AND VICINITY MAP

NGINEERING
ARE TO BE (525) 333-2211 MP 02-3148 SHEET 1 OF 9

1.RL 05785

SEE SPILLWAY MPROVEMENT ARNOLD RESERVOIR
PLAN ON SHEET 5
BPRAS

EX CREST
(80540)
(ee23)
Fe153203
E: 6626773.94
(OM. 0).

AND LION MONE RASC

CONSTRUCTION NOTES
-ROMNE DESTING PCC SUE.
• RODE SING SEAT AND CANE PER P
-NSTALL CLASS I SPRAP (DEPTH
SUCT POC APPROACH SLAB PER DETALL NO. 5 ON SHEET
NSTALL CROUTED SPRAP TO MATCH DISTING PER CETAL N2 4

FOR DRANAGE PIPE

PLAN AND PROFLE - CONS AND TO MATER ST ROUTED READ PA ANG - SET NE OF DAN PER DAN APRAP MAICA SECTION X COL
APPREND BUSTALL ADS X-12 5T IB 12 HOPE PIE COR
APRONED EQUATALL ADS N-12 5T I 12° HOPE 45° BOND COF
LEGEND

INSTALL RIPRAP
(CLASS PER PLAN)

GRADE CREST OF DAM

EASTING RIPRAP

DISTING POC

CITY OF INDUSTRY

CONTACT CONTI ONY DOR
CHINO RANCH DAM NO. 1 RIPRAP PROJECT

CITY OF INDUSTRY
Hated st

BENCH MARK ARNOLD RESERVOIR DAM FORTIFICATION

8.M. G46.30 ELEV. 1039.199 (NGV029) 0 2atos
TARDUST OR 20FT N & 41FT E/0 CAL INT 0) ENGINEERING RIPRAP PLACEMENT-AND GRADING PLAN (626) 333-2215 MP 02-3148
SHEET 2 OF 5

CONSRLCTONE

GUED CREST ARNOLD VARES

POST BOTH SCE

RESERVOR
-ASK APE LOPC INTO DA

FS AT TOP OF PSE
ARNOLD RESERVOR (83)

XA CALVANTED STEE

L BE DONE CAPTA GROUND
4000 EAT SU
) ANCHOR POST DETAL

A DAM RIPRAP PLACEMENT TYPICAL SECTION

CONSTRUCTION NOTES
§ CLEAR. PATH DOCK RAME
*SEE DETAL 2 HORSON
@DOCK DETAIL I B ANCHOR SUPPORT POST TYPICAL SECTIO SET PRA TO MATCH DOSTNE PER DETAL NO. 4 NE: 1° =
- RECCRETARET TO RATE DEST GECUTED REPAR TAD AND
- SHOT NOT OF DAN PER ON FARIO TAICAL SECTION X' ON

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CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.8

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: March 28, 2024
SUBJECT: Consideration of a License Agreement with Renna Family Partnership, LLC., for access to the parking lot located at Workman and Temple Family Homestead Museum, to utilize as a Temporary Overflow Parking Area

BACKGROUND
Renna Family Partnership, LLC., ("Soto") is undergoing parking lot improvements at their facilities located at 488 Parriott Place. The project is anticipated to last three months. During this time, Soto is requesting the City's permission to temporally park company trucks and construction equipment at the most easterly parking lot located at Workman and Temple Family Homestead Museum at 15415 Don Julian Road. They will be using approximately 24,000 square feet.

DISCUSSION
To support a local business, Staff is requesting City Council approve the License Agreement with Soto for its use of the parking lot at 15415 Don Julian Road from April 15, 2024, through July 15, 2024.

FISCAL IMPACT
Staff is proposing a fee of approximately $0.25 per square foot per month for the use of the parking lot. Because the use will be between 2 and 3 months, we are proposing a fee of $200.00 per day, Soto will only be charged for the exact number of days they use the lot.

RECOMMENDATION
Approve the License Agreement with Renna Family Partnership, LLC., dated April 15, 2024 Attachments
License Agreement with Renna Family Partnership, LLC dated April 15, 2024

LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), dated April 15, 2024, ("Effective Date") is entered into by and between the City of Industry, a municipal corporation ("Licensor/City"), and Renna Family Partnership LLC, a California limited liability corporation ("Licensee") (Licensor and Licensee are individually referred to as "Party" and collectively referred to as the "Parties").

RECITALS
WHEREAS, the City is the owner of certain real property located at 15415 Don Julian Road, generally located at the northwest corner of Parriott Place and Don Julian Road ("Premises"), and Licensee desires to enter the portion of the property set forth in Exhibit A, attached hereto and incorporated herein by reference.

WHEREAS, Licensee desires to utilize the Premises as an overflow parking lot for its company trucks while their driveway is being paved; and WHEREAS, Licensee acknowledges that Licensee is entering onto the Premises at its sole risk and expense, and Licensor does not have any liability to Licensee under this Agreement.

NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

TERMS
License to Enter the Premises. Licensor hereby grants to Licensee a non-exclusive license (the "License") granting permission to enter upon the Premises as of the Effective Date of this Agreement, and to use a portion of the Premises, as depicted in Exhibit A, as an overflow parking area for its employees and company vehicles (collectively, "Permitted Use"), provided, that Licensee's use of the Premises shall not interfere with the operation of business activities, if any, then being conducted on the Premises, and provided Licensee provides written notice to the Licensor at least five (5) days prior to Licensee first entering upon the Premises (said written notice shall state the purpose for the entry upon the Premises, and said entry shall not exceed the stated purpose). Priot to any initial entry pursuant to the License, Licensee shall, provide to Licensor proof of insurance as set forth in Section 7 of this Agreement. Licensee shall not permit any other party, except the duly- authorized representatives, agents, employees and contractors (collectively "Representatives") of Licensee to enter or use the Premises during the term of this License, without Licensor's prior written consent, and in all events the sole reason for entry and use of the Premises shall be for the performance of Licensee's Permitted Use. Licensee hereby acknowledges that it is only permitted to utilize the portion of the Premises designated as set forth in Exhibit A, and that Licensor may grant a license to other entities to utilize other portions of the Premises (as set forth in Exhibit A).

2. Licensee shall pay the Licensor, and Licensor shall accept Two Hundred Dollars ($200.00) per day ("License Payment"), for the use of the Premises. A sixty (60) day deposit of Twelve Thousand Dollars ($12,000.00) shall be due and payable in advance, the day prior to the first day of use.

Additional days shall be charged at the rate noted above for up to 90 days total (including the initial 60 days) from the date of the first use of the property. Payment shall be made to Licensor at 15625 Mayor Dave Way, City of Industry, CA 91744.
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3. Permitted Use. The Permitted Use is hereby defined to include overflow parking area for Licensee's employee and company vehicles. Upon execution of this Agreement, Licensee shall provide a site plan to the Licensor, which shall detail the configuration of the use of the Premises, and which shall provide sufficient ingress and egress for public safety vehicles. Licensee shall obtain any and all approvals required by the Los Angeles County Fire Department for the Permitted Use, within 10 days of the Effective Date of this Agreement. Licensee shall exercise due care in the performance of the Permitted Use and such use shall be exercised in a manner which complies with all applicable laws.

4. Maintenance of Premises. Upon termination of the License, Licensee shall repair any damage done to the Premises by Licensee or its duly authorized Representatives and shall restore the Premises to its condition as of the Effective Date of this Agreement.

5. Government Regulations and Other Obligations of Licensee. As a condition precedent to commencement of the Permitted Use, if required, Licensee shall obtain at its sole cost and expense all governmental permits and authorizations of whatever nature required, if any ("Permits") by any and all governmental authorities having jurisdiction over the Premises for Licensee's exercise of the Permitted Use. Licensor shall use commercially reasonable efforts to cooperate with Licensee and to support any and all applications or request for said Permits submitted by Licensee or on Licensee's behalf. Licensee shall, in all activities undertaken pursuant to this Agreement, comply and cause its Representatives to comply with all federal, state, and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees.

6. Liens.

6.1 Licensee shall not cause or permit to be filed, recorded or enforced against the Premises, or any part thereof, any mechanics', material men's, contractors' or subcontractors' liens arising from the Permitted Use or any claim of action affecting the title to the Premises arising from the Permitted Use, and Licensee shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof.

In addition to and not in limitation of Licensor's other rights and remedies under this Agreement ot under law, should Licensee fail within fifteen (15) business days of a written notice from Licensor to pay and discharge or bond over any lien arising out of Licensee's use of the Premises, then a material breach under this Agreement shall be deemed to have occurred which, at Licensor's election, shall entitle Licensor to terminate this License effective upon notice by Licensor to Licensee so stating.

6.2 If Licensee desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Premises of any portion thereof for which Licensor could become liable if not successfully resolved, as a condition to such contest, Licensee shall notify Licensor of Licensee's intent to contest the lien or claim and the grounds for such contest.

Notwithstanding anything to the contrary set forth herein, Licensee shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Licensot of the Premises.

Insurance. Prior to entering the Premises and until the termination of this Agreement, Licensee shall maintain at its sole expense insurance limits as stipulated in this section.

7.1 Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
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Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(b) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Licensee has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.

Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

7.2 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insured Status. The Licensor and City Representatives, (as defined in Section 8, below) are to be additional insureds on the CGL policy with respect to liability arising out of Licensee's use of the Premises. General liability coverage can be provided in the form of an endorsement to the Licensee's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
(b) Primary Coverage. For any claims related to this Agreement, the Licensee's insurance coverage shall be primary insurance as respects the Licensor/City Representatives. Any insurance or self-insurance maintained by the Licensor/City Representatives, shall be excess of the Licensee's insurance and shall not contribute with it. (c) Contractors and Subcontractors. Licensee shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Licensee shall ensure that Licensor/City Representatives are additional insureds on insurance required from contractors/subcontractors. For CGL coverage contractors and subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation. Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation provided such endorsement is available on commercially reasonable terms, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(f) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Licensee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
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(g) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (h) Deductibles. All such insurance shall have deductibility limits of not greater than $50,000.00 unless otherwise approved by the City. (i) Verification of Coverage. Licensee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before exercise of the Permitted use commences. However, failure to obtain the required documents prior to the exercise of the Permitted Use shall not waive the Licensee's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies, including endorsements, required by these specifications, at any time. (i) Occurrence Basis Coverage. All policies shall be written on an occurrence basis unless otherwise approved by the City.

Indemnification. From and after the execution of this Agreement, Licensee hereby agrees to indemnify, defend, protect and hold harmless, with counsel of the Licensor's choosing, the City and any and all predecessors, successors, assigns, agents, officials, employees, members, independent contractors, affiliates, principals, officers, directors, attorneys, accountants, representatives, staff, and council members of the City collectively, the "City Representatives", and each of them, from and against all claims, including any claims from any third party beneficiary to this Agreement, causes of action, liabilities, losses, damages, injuries, expenses, charges, penalties, or costs, of whatsoever character, nature and kind, (including attorney's fees and costs incurred by the indemnified Party with respect to legal counsel of its choice), whether to property or to person(s), and whether by direct or derivative action, known of unknown, suspected of unsuspected, latent of patent, existing or contingent (collectively "Losses and Liabilities"), related directly or indirectly to, or arising out of or in any way connected with any of the activities of Licensee, its agents, employees, licensees, lessees, representatives, invitees, contractors, subcontractors or independent contractors on the Premises. This indemnification requires Licensee to indemnify the City and any and all City Representatives from and against all Losses and Liabilities, including attorneys' fees, arising out of the use ot release of any Hazardous Substances on the Premises by Licensee. Licensee's obligation to defend shall arise regardless of any claim or assertion that the City caused or contributed to the Losses and/or Liabilities, provided, however, that Licensee's liability under this Section 8 will be limited to the extent of any contributory negligence of Licensor.

Term, Termination and Remedies. The License shall commence as of the Effective Date of this Agreement, and shall automatically terminate on July 15, 2024. Notwithstanding the foregoing, at any time, for any reason, the Licensor may, at its sole and absolute discretion, terminate this Agreement without cause, upon seven (7) days' written notice to Licensee. Further, in the event Licensor sells or transfers the Premises during the term of this Agreement, this Agreement shall terminate upon seven (7) days written notice to Licensee. In addition, if Licensee shall be in breach of any of its obligations under this Agreement and shall fail to cure such breach within ten (10) business days of written notice from Licensor specifying the nature of any such breach, Licensor shall have the right to terminate this Agreement upon written notice to Licensee. Licensee acknowledges that this License is solely a license, and that Licensee has no rights as an owner, purchaser or tenant by virtue thereof. Upon termination of the Agreement, Licensee shall promptly vacate the Premises -4-
and comply with the provisions of Section 4 above. No termination or expiration of this License shall relieve Licensee of its obligations hereunder.

Inspection and Access to Premises. Licensor and any of its duly authorized representatives, employees, agents or independent contractors shall be entitled to enter the Premises, to show the Premises to potential purchasers, to inspect the Premises, to inspect Licensee's use of the Premises, and for any other purpose, at any time.

11. Assignability. This License cannot be assigned by Licensee whether voluntarily or by operation of law, and Licensee shall not permit any use of the Premises, of any part thereof during the Term of this License in violation of the provisions of this License, except with the consent of Licensor (which shall not be unreasonably withheld, conditioned or delayed), and any attempt to do so shall be null and void.

12. Cost of Enforcement. In the event it is necessary for either Party to employ an attorney or other person or commence an action to enforce or interpret any of the provisions of this License or for Licensor to remove Licensee from the Premises, the non-prevailing party agrees to pay to the prevailing party, in addition to such other relief as may be awarded by the court, City or other authority before which such suit or proceeding is commenced, all reasonable costs of enforcement in connection therewith including, but not limited to, reasonable attorneys' fees, expenses and costs of investigation.

13. Notices. All notices, consents, approvals, requests, demands and other communications provided for herein shall be in writing and shall be deemed to have been duly given upon the earlier of when personally delivered or served or twenty-four (24) hours after being deposited with FedEx or any other established overnight courier service to the intended party addressed as follows:

Licensor: Joshua Nelson
City Manager
15625 Mayor Dave Way
City of Industry, CA 91744
Tel: (626) 333-2211
[email protected]
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Tel: (626) 269-2980
[email protected]
Licensee: John Renna, CEO
488 Parriott Place
City of Industry, CA 91745
Tel: (626) 458-4600
[email protected]

14. Miscellaneous. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, -5-
representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. The indemnifications under this Agreement, the obligations of Licensee hereunder to remove liens and Licensee's obligations hereunder with respect to vacating and repairing the Premises shall survive the expiration of termination of the License Term. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Any action brought concerning this Agreement shall be brought in the appropriate court for the County of Los Angeles, California. Each Party hereby irrevocably consents to the jurisdiction of said court.

Licensee hereby expressly waives all provisions of law providing for a change of venue due to the fact that the City may be a party to such action, including, without limitation, the provisions of California Code of Civil Procedure Section 394. Licensee further waives and releases any right it may have to have any action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship that may exist between City and Licensee. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Neither this instrument nor a short form memorandum or assignment hereof shall be filed or recorded in any public office without Licensor's or Licensee's prior written consent.

Authority. Each person executing this Agreement hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred. (SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
"LICENSOR" "LICENSEE"

CITY OF INDUSTRY
By:- By:_
Joshua Nelson, City Manager John Renna, CEO
ATTEST:

Julie Gutierrez-Robles, City Clerk
APPROVED AS'TO FORM:

James M. Casso, City Attorney
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EXHIBIT A
Legal Description
Assessors Parcel Number APN 8208-027-918 located at the northwest corner of Parriott Place and Don Julian Road, City of Industry, CA 91744. The area identified as «Premises" in the map below by arrows identifies the areas of the Premises, where the Permitted Use shall occur. The area to be used is approximately 22,000 square feet. 8208027918 8208027016 "
8208027906
Parriott Pl
El Encanto Rd
Premises
Parriott Pin
Area
El Encanto Rd Area: 24804 Square Feet
City of Industry Perimeter: 679.2 Feet
Don Julian Rd
Don Julian Rd
Don Julian Rd
-8-

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.9

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: March 28, 2024
SUBJECT: Consideration of an Exclusive Option Agreement by and between the City of Industry and Beach Street Development, LLC

BACKGROUND
Beach Street Development LLC has expressed interest in the development of property located at the entrance of the Pacific Palms Resort (see Exhibit A of proposed Option Agreement for site location) for a surf lagoon with related amenities and improvements. No development plans or applications have been submitted to the City for consideration, but the concept provides an economic development opportunity that could create substantial jobs for the region and attract customers for local businesses.

DISCUSSION
Given that the subject property was previously offered for lease, in compliance with the Surplus Land Act, and no proposals were received, the City may negotiate disposition of the property with other interested parties. To further negotiate a potential lease and demonstrate mutual commitment, an "Exclusive Option Agreement By and Between the City of Industry and Beach Street Development, LLC" (Option Agreement) has been prepared for City Council. The following summarizes the key terms:
• Parties agree that no obligation to enter into definitive transaction documents, or any transaction, shall exist.
• No project or definitive transaction documents shall be deemed to be approved until after (i) the Project is reviewed in accordance with the requirements of CEQA; (i) any additional conditions or changes to the Project based on the CEQA review have been resolved in a manner acceptable to the City; and (iii) all required permits for the Project have been obtained from the City and other governmental authorities with jurisdiction, in accordance with all applicable laws and regulations.
• City shall not negotiate with any third party for any project at the property. • Initial option term shall be one (1) year, starting from the completion date of the California Environmental Quality Act process (including completion of any statute of limitations). • Beach Street Development LLC may extend the term twice, each by six (6) months, for a total of twelve (12) additional months.
• Initial option price is $25,000 and the price of each extension is $10,000. • City shall reimburse Beach Street Development LLC 50% of the cost of the City's CEQA review, not to exceed $375,000.

If the City Council approves the Option Agreement, then it is anticipated that Beach Street Development LLC will prepare plans and submit applications for land use entitlements and environmental review.

FISCAL IMPACT
Initial option price is $25,000 and the price of each extension is $10,000. City shall reimburse Beach Street Development LLC 50% of the cost of the City's CEQA review, not to exceed $375,000.

RECOMMENDATION
Approve the Exclusive Option Agreement with Beach Street Development, LLC Attachments
Beach Street Lease Option Agreement

EXCLUSIVE OPTION AGREEMENT BY AND BETWEEN

THE CITY OF INDUSTRY AND BEACH STREET DEVELOPMENT, LLC
THIS OPTION AGREEMENT ("Option Agreement") is made March 28, 2024 ("Effective Date") by and between the CITY OF INDUSTRY, a municipal corporation (hereinatter called "City") and Beach Street Development LLC, a Delaware limited liability company (hereinafter called "Optionee"). City and Optionee may sometimes hereinafter individually be referred to as "Party" or jointly as "Parties."

RECITALS
WHEREAS, Optionee desires to obtain an option to lease certain real property owned by the City and described as the "Property" as set forth in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, Optionee has proposed to utilize the Property for a Surf Lagoon and related amenities and improvements ("Project"); and
WHEREAS, City as the fee owner of the Property is willing to enter into an option to lease the Property for the Project, as set forth herein; and
WHEREAS, the Project, including any ground lease and land use entitlements are subject to environmental review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). Nothing in this Option Agreement shall constitute a commitment by the City to approve the CEQA documentation, land use or any other entitlements or agreements concerning the Project, which shall comply with all applicable development ordinances, regulations and laws; and
WHEREAS, this Option Agreement recognizes that the Parties agree to negotiate definitive documents and potential approvals to be considered by the City regarding the potential leasing of the Property to Optionee for development of the Project. The Parties agree that no obligation to enter into definitive transaction documents, or any transaction, shall exist by virtue of this Option Agreement and no Project or definitive transaction documents shall be deemed to be approved until after (i) the Project is reviewed in accordance with the requirements of CEQA; (i) any additional conditions or changes to the Project based on the CEQA review have been resolved in a manner acceptable to the City; and (iii) all required permits for the Project have been obtained from the City and other governmental authorities with jurisdiction, in accordance with all applicable laws and regulations; and
WHEREAS, the City is not currently engaged in negotiations with any other party or entity regarding the Property or any surf lagoon project; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:

1. The recitals are true and correct, and are incorporated herein by reference.

2. DEFINITIONS
1 A. "City" means the City of Industry, State of California, within which the Property is located, and shall include its City Council, its elected and appointed officials, officers, agents, employees, attorneys, and contractors.

B. "City Council" means the City Council of the City of Industry.

C. "City Manager" means the City Manager, City of Industry, or designee, or upon written notice to Optionee, such other person as may be designated by the City Council.

D. "Project" means Optionee's construction of improvements to establish a commercial recreational Surf Lagoon and related amenities.

E. "Property" means that certain real property as set forth in Exhibit A, attached hereto and incorporated herein by reference, together with all easements, rights and privileges appurtenant thereto, to be leased to Optionee.

3. OPTION
City hereby grants to Optionee an exclusive option ("Option") to lease the Property in accordance with the terms and conditions set forth herein. During the term of this Agreement, City shall not negotiate with any third party for any project at the Property. Optionee anticipates seeking various land use entitlements for the Property for the development and operation of the Project. Once the environmental review process is conducted and approved for the Project pursuant to the California Environmental Quality Act, (Cal. Pub. Res. Code §821000 et seg.) ("CEQA") Optionee shall have the right in its discretion to exercise the Option.

4. TERM
Subject to Section 5 below, the term of this Option Agreement (the "Option Term") shall be one year, commencing upon the conclusion of the CEQA process, including expiration of the time within which a challenge to CEQA approval, if achieved, must be filed. Notwithstanding the foregoing, the City shall not commence CEQA review until the Optionee submits an application for the Project, and executes a Deposit and Reimbursement Agreement.

5. OPTION PRICE/CONSIDERATION
A. As independent consideration for the Option, Optionee shall pay to City upon the full execution of this Option Agreement, TWENTY-FIVE THOUSAND Dollars ($25,000.00) (the "Option Price"). The Option Term shall not commence and this Option Agreement shall not become effective until the Option Price is paid to the City.

B. The Option Price shall be retained by City and is non-refundable, and shall be used by the City to cover the costs associated with Staff time, consultant time, and attorney time. 2 6. OPTION TERM EXTENSION
A. Optionee may extend the Option Term twice by up to an additional six(6) months each (the "Extended Option Periods") with the prior written approval of the City, which approval may be granted or withheld in the sole and absolute discretion of the City, and then only if (i) Optionee is delayed in fulfilling the requirements of this Option through no fault of its own, and (il) each of the following acts are accomplished by Optionee prior to the granting of such an extension:

B. At least thirty (30) days prior to expiration of the Option Term, Optionee shall have submitted written notice to the City Manager requesting that the Option Term be extended and clearly declaring the length of such proposed extension.

C. At least thirty (30) days prior to expiration of the Option Term, Optionee shall have submitted to the City Manager a cashier's check made payable to the "City of Industry" for the sum of Ten Thousand Dollars ($10,000.00) (the "Extension Fee"). The Extension Fee shall be in addition to the Option Price. Whether or not Optionee exercises the Option in accordance with the terms of this Option Agreement, the Extension Fee shall be retained by City as consideration for extending the Option Term. Under no circumstances will any portion of the Extension Fee be refunded to Optionee, and shall be used by the City to cover the costs associated with Staff time, consultant time, and attorney time.

D. Notwithstanding the provisions of Sections 6.A.-C., in the event of a third party CEQA challenge to the Project, Optionee may submit written notice to the City Manager requesting an extension of the Option Term at any time prior to the expiration, and said extension shall be granted by the City Manager, and with no Extension Fee to Optionee.

7. REVIEW BY CITY
Optionee hereby acknowledges that one of the purposes of this Option Agreement is to afford Optionee and City the opportunity to determine whether Optionee is able to meet the various conditions of this Option Agreement and is able to obtain the required approvals as set forth in this Option Agreement. Several of those conditions involve obtaining reviews and approvals from officers, employees, or agents of City. Each of those reviews shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction or authority otherwise possessed by said officers, employees, or agents in the conduct of such review. Optionee hereby acknowledges that any review or consideration by the City under this Section shall not be deemed an approval by the City.

Accordingly, nothing contained in this Option Agreement shall be deemed to imply that required approvals will be forthcoming, and the failure to issue any such approval or permit by any officer, employee, or agent of the City shall not be deemed in any manner a breach of this Option Agreement, nor shall any such denial give rise to any claim, liability, obligation, or cause of action against City with respect to this Option Agreement. No permit, approval, or consent given by City, or any of its respective officers, employees, or agents, acting in its/their governmental capacity, shall affect or limit Optionee's obligations under this Option Agreement, nor shall any approvals or consents given under this Option Agreement by City, as a Party hereto, or by the City Manager, be deemed approval as to compliance or conformance with applicable governmental 3 codes, laws, rules, and/or regulations, or be deemed a waiver of Optionee's obligations under this Option Agreement to obtain all required governmental approvals and permits.

With respect to the documents submitted by Optionee and considered or reviewed by City or the City Manager under this Option Agreement, nothing herein shall be deemed a representation or covenant on the part of City that such submittals will ultimately be approved by City officials acting in their governmental capacity or by any other governmental agency with jurisdiction over the Property and no approvals granted by City or the City Manager under this Option Agreement shall give rise to any claim that City is estopped from rejecting, in its governmental capacity, any applications for approval of the Project subsequently submitted by Optionee to City in its regulatory capacity.

8. CEQA COST SHARE
Optionee is responsible for the entire cost of the City's CEQA review, except as otherwise set forth herein.

Within fourteen (14) days after execution of the Deposit and Reimbursement Agreement, Optionee shall deposit the required amount set forth therein, for the City's CEQA review. In the event the City Council does not approve the requisite CEQA documents) for the Project, within 30 days following its denial, the City shall reimburse Optionee Fifty Percent (50%) of the cost of the City's CEQA review, not to exceed Three Hundred Seventy Five Thousand Dollars ($375,000.00), as invoiced to Optionee through the Deposit and Reimbursement Agreement.

9. DISCLAIMER OF REPRESENTATIONS OF WARRANTIES
Optionee acknowledges and agrees that City has made no representations, warranties, or agreements as to any matters concerning the Property, including, but without being limited to, the land, the environmental condition thereof marketability of title, topography, climate, air, water, water rights, utilities, present or future zoning, soil, subsoil, hazardous substances, waste or materials, the purposes for which the Property is suited, drainage, access to public roads, proposed routes of roads or extensions thereof or the availability of governmental permits or approvals of any kind. As such, City hereby disclaims any and all express warranties, implied warranties, warranties of fitness for a particular purpose or use, warranties of merchantability, warranties of habitability and other similar warranties.

Optionee acknowledges that it is fully relying on Optionee's own inspections and investigations of the Property, and not upon any statements (oral or written) or due diligence materials or information which may have been made provided (or may be made (or purportedly made) or provided) by City, or any of the City Parties (defined below). 4 9. OPTIONEE'S RIGHT TO ENTER PROPERTY, INDEMNIFICATION A. Commencing upon the Effective Date and continuing for the duration of the Option Term, Optionee shall have the right to enter upon the Property to conduct such due diligence investigations and inspections of the Property as Optionee shall deem necessary in order to determine the viability of the Property and the Ground Lease for Optionee's intended purposes, provided that: (i) all such investigations and inspections shall be at Optionee's sole cost and expense without any obligation of City to contribute to the same, (ii) Optionee shall provide the City Manager with no less than forty eight (48) hours' advance written notice of the need for entry upon the Property to perform such investigations, (iii) Optionee shall abide by all conditions to such entry as may be specified by the City Manager from time to time, (iv) Optionee shall not perform any intrusive or destructive testing, including, without limitation, any so called "Phase II" environmental assessment or boring, without (a) submitting to the City Manager a written proposal for such testing or investigation, which shall include, without limitation, the scope and nature of the inspections to be included in such testing, and (b) obtaining the prior written consent of the City Manager to conduct such testing, which consent may be granted or withheld in the City Manager's sole and absolute discretion, and (v) prior to entering upon the Property, Optionee and all of Optionee's consultants, members, directors, officers, employees, agents and representatives (collectively, "Optionee Parties") entering upon the Property for purpose of such due diligence, shall provide City with a certificate of insurance evidencing that Optionee and each of the Optionee Parties have the insurance required under Section 11 below.

B. Optionee covenants and agrees as follows: (i) Optionee shall, and shall cause all Optionee Parties to, conduct all work or studies performed on the Property in a diligent and safe manner and not create any dangerous or hazardous condition on the Property; (ii) Optionee shall, and shall cause all Optionee Parties to, comply with all applicable laws and governmental regulations in connection with such work or studies; (iii) Optionee shall, and shall cause the Optionee Parties to, keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry upon the Property and work performed by Optionee or any Optionee Parties upon the Property; (iv) following Optionee's entry, or entry by any of the Optionee Parties, upon the Property for the purposes of performing investigations or inspections of the Property, Optionee shall immediately notify City of damage to any existing infrastructure on the Property and, in a timely manner, repair in a manner acceptable to City, any and all damage to the Property caused by such inspections or investigations, and (v) Optionee shall provide the City Manager with copies of all reports, test results, updates to surveys and other written materials obtained by Optionee in connection with its investigation of the Property promptly following Optionee's receipt thereof.

C. Optionee shall indemnify, defend, protect and hold the City, and its respective, officers, elected and appointed officials, representatives, agents, consultants, contractors, counsel, employees, volunteers, successors and assigns (collectively the "City Parties") and the Property free and harmless from and against any and all losses, liabilities, claims, damages and expenses (including, but not limited to, attorneys' fees and costs) arising from Optionee's or any of the Optionee Parties' entry upon the Property, or from Optionee's or any of the Optionee Parties' failure to comply with the conditions to Optionee's or any of the Optionee Parties' right to enter upon the Property. Such undertaking of indemnity shall survive the expiration or earlier termination of this Option Agreement for any reason or the exercise of the Option, as applicable.

10. RELEASE; HOLD HARMLESS
A. Optionee hereby releases and waives all claims and recourse against City, the City Parties and the Property, including the right of contribution for loss or damage of persons or property, arising from, growing out of or in any way connected with or related to this Option Agreement. It is the intention of the Parties that the foregoing release shall be effective with respect to all matters, past and present, known and unknown, suspected and unsuspected. Optionee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to losses, damages, liabilities, costs and expenses which are presently unknown, unanticipated and unsuspected, and Optionee further agrees that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Optionee nevertheless hereby intends to release, discharge and acquit City and the City Parties from any such unknown losses, damages, labilities, costs and expenses. In furtherance of this intention, Optionee hereby expressly waives any and all rights and benefits conferred upon it by the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
Optionee acknowledges that the foregoing acknowledgments, releases, and waivers including, without limitation, the waiver of the provisions of California Civil Code Section 1542 were expressly bargained for.

Optionee Initials
B. Optionee hereby agrees to indemnify, defend (with counsel approved in writing acceptable to City), and hold harmless, City, the City Parties, and the Property from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees, and including any attorney's fees and costs against the City or City Parties to attack, set aside, void, or annul any approval of the City related to the Project or this Agreement, including but not limited to, any environmental review/approvals concerning the Project), where the same arise out of, or a consequence of or are in any way attributable to, in whole or in part, this Agreement. In the event City or City Parties are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from this Agreement, and upon demand by City, Optionee shall have an immediate duty to defend City and/or City Parties at Optionee's cost, or at City's option, to reimburse City's for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters. The aforementioned indemnity provisions shall extend to any individual or agency for which Optionee is legally liable, including but not limited to, officers, agents, employees, or subcontractors of Optionee.
6 C. The provisions of this Section 10 shall survive the termination of this Option Agreement, as well as the exercise of the Option, and are in addition to any other rights or remedies the City may have under law.

11. INSURANCE
A. General Requirements. Optionee shall purchase and maintain, at Optionee's expense and t all times during the Option Term.
ball herei ding the Option Tem all esturiate guided under this Option de, inment, as se endorsements required herein.

General liability insurance. Optionee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Professional liability (errors & omissions) insurance. Optionee shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Optionee agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Option Agreement.

Workers' compensation insurance. Optionee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Optionee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Proof of insurance. Optionee shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation.

Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Option Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Optionee shall procure and maintain for the duration of the Option Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the Option Agreement, by Optionee, his agents, representatives, employees or subconsultants.
7 Primary/noncontributing. Coverage provided by Optionee shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's rights of enforcement. In the event any policy of insurance required under this Option Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Optionee. In the alternative, City may cancel this Option Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Optionee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Optionee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Optionee acknowledges and agrees that any actual or alleged failure on the part of City to inform Optionee of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Optionee maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Optionee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Notice of cancellation. Optionee agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 8 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Optionee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Optionee agrees to ensure that its subconsultants, subconsultants, and any other party involved with the project who is brought onto or involved in the project by Optionee, provide the same minimum insurance coverage and endorsements required of Optionee. Optionee agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Optionee agrees that upon request, all agreements with Optionee, subconsultants, and others engaged in the project will be submitted to City for review.

City's right to revise specifications. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Optionee sixty (60) days advance written notice of such change.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. Optionee shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Optionee's performance under this Option Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Optionee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for proper performance of this Option Agreement.

12. ASSIGNMENT
This Option shall not be sold, assigned, or otherwise transferred without the prior written consent of City. Failure to obtain City's required written consent shall render said sale, assignment, or transfer void and City may terminate this Option. If Optionee hereunder is a corporation, limited liability company, or an unincorporated association or partnership, the sale, transfer, or assignment of any stock or interest in said corporation, company, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this clause.

13. TERMINATION
A. This Option Agreement, and the Option, shall automatically terminate and be of no further force or effect upon the expiration of the Option Term, unless Optionee exercises the Option during the Option Term.

B. City shall have the right to terminate this Option Agreement if Optionee breaches any of its obligations under this Option Agreement and fails to cure such breach within thirty (30) days following receipt of written notice from City.
9 C. Optionee shall have the right to terminate this Option Agreement for any reason, or no reason, in Optionee's sole and absolute discretion, during the Option Term upon written notice to City.

D. Upon execution of this Option Agreement, Optionee shall execute, acknowledge, and deliver to the City Manager a quitclaim deed, in a form as approved by the City Manager, quitclaiming all right title and interest created by this Option Agreement back to the City ("Quitclaim Deed"). The Quitclaim Deed shall be retained by the City Manager for the duration of the Option Term and shall be recorded in the event of the termination of this Option Agreement for any reason to remove any cloud on title created by this Option Agreement.

E. If this Option Agreement is terminated for any reason, Optionee shall promptly return to City all due diligence materials delivered by City or any City Party to Optionee with respect to the Property and shall provide City with copies of all reports and studies prepared by third parties for Optionee with respect to the Property, at no cost to City, but without representation or warranty as to the quality, accuracy or completeness of any of such materials.

14. NOTICES
All notices, documents, correspondence and communications concerning this Option Agreement shall be addressed as set forth in this Section 17, or as the Parties may hereafter designate by written notice, and shall be sent through the United States certified mail, return receipt requested or with other proof of delivery, with postage prepaid, by personal delivery, Federal Express or similar courier service, or by facsimile, and with courtesy copy sent via electronic mail.

Notices so given shall be deemed to have been given upon receipt with the exception of transmittals via facsimile which shall be deemed delivered on the day transmitted provided transmitted by 4:30 P.M. (Pacific Time) on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day.

To City: Joshua Nelson, City Manager
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744-0366
Telephone: (626) 333-2211
Email: [email protected]
With copy to: James M. Casso
Casso & Sparks, LLP
13300 Crossroads Parkway, North
Suite 410
City of Industry, CA 91746
•Telephone: (626)269-2980
Email: [email protected]
To Optionee: Doug Sheres
Beach Street Development LLC
1555 Camino Del Mar
10 Del Mar, CA 92014
Telephone: (858) 229-0002
Email: Doug@)beachstreetdev.com
With copy to: Marco Gonzalez
Coast Law Group LLP
1140 S. Coast Highway 101
Encinitas, CA 92024
Telephone: (760) 942-8505
Email: [email protected]
Either Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address.

15. VENUE
The Parties hereto agree that this Option Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Option Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located Los Angeles County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.

Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another County.

16. SEVERABILITY
If any term, covenant, condition, or provision of this Option Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

17. ATTORNEYS' FEES
In any action or proceeding brought to enforce or interpret any provision of this Option Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs in connection with such action or proceeding.

18. SUCCESSORS AND ASSIGNS
Subject to any restrictions against sale, assignment, or other transfer above, the terms, covenants, and conditions contained herein shall inure to the benefit of, and be binding on, the heirs, successors, executors, administrators, and permitted assigns of the Parties hereto.

19. AUTHORITY
Each individual signing below represents and warrants that he/she has the requisite authority to bind the entity on whose behalf he/she is signing. Furthermore, each Party to this Option Agreement represents and warrants to the other Party that it has been duly authorized to execute this Option Agreement, and once executed, this Option Agreement shall constitute a legally binding obligation of such Party, enforceable in accordance with its terms.

20. ENTIRE AGREEMENT
This Option Agreement contains the entire agreement between the Parties relating to the Option granted herein and all negotiations and agreements between the Parties hereto or their agents with respect to this transaction are merged herein. Any oral representations, modifications, or waivers concerning this instrument shall be of no force and effect, except in a subsequent instrument made in writing and signed by both Parties. Time is of the essence in the performance of the Parties' respective obligations herein contained. The attachments to this Option Agreement are hereby incorporated by referenced herein.

21. COUNTERPARTS
This Option Agreement, including any exhibits attached hereto, may be executed by the Parties in several counterparts, each of which shall be deemed to be an original copy. "CITY"
City of Industry
By: _
Cory C. Moss, Mayor
Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
"OPTIONEE"

BEACH STREET DEVELOPMENT LLC,
a Delaware limited liability company
By: FS Ventures II, LLC
a California limited liability company, its Manager
12 By: Beach Dev Venture LLC,
a California limited liability company, its Manager
By: DWV Surf LLC
a California limited liability company, its Manager
By:

Doug Sheres, Manager

APPROVED AS TO FORM
1 Marco Gonzalez, Developer Atomey
13 EXHIBIT A

SITE LOCATION
14 Legal No. 494R

LEGAL DESCRIPTION

INDUSTRY HILLS

SWIM & TENNIS CENTER
BEING A PORTION OF LOT 4 OF TRACT No. 517, LYING IN BOTH THE CITY OF

INDUSTRY AND THE CITY OF LA PUENTE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 15, PAGE 16 OF MAPS, IN

THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WESTERLY LINE OF AZUSA AVENUE, 110.00 FEET

WIDE, SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF

THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE HILLSIDE SOUTHERN BAPTIST CHURCH, RECORDED JUNE 1, 1965, IN BOOK 51343, PAGE 110, AS INSTRUMENT No. 180 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, SOUTH 18°01'25" WEST, 618.95 FEET TO THE

BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°00'57", AN ARC DISTANCE OF 463.41 FEET; THENCE LEAVING SAID CURVE AND WESTERLY LINE, NORTH 62°57'38" WEST,

35.00 FEET; THENCE NORTH 34°04'40" WEST, 440.98 FEET TO A POINT HEREON REFERRED TO AS POINT "A"; THENCE NORTH 22°19'30" EAST, 167.00 FEET TO ITS

INTERSECTION WITH A NON TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 958.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 22°19'30" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21°59'10", AN ARC DISTANCE OF 367.61 FEET; THENCE LEAVING SAID CURVE, NORTH 05°21'00" EAST, 129.00 FEET; THENCE NORTH 28°57'14" EAST, 157.33 FEET; THENCE NORTH 53°00'00" EAST, 130.00 FEET

TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE

SOUTHERLY LINE

Page 1 of 3 ends

OF SAID HILLSIDE SOUTHERN BAPTIST CHURCH PARCEL; THENCE ALONG SAID WESTERLY PROLONGATION AND SAID SOUTHERLY LINE, SOUTH 84°42'50" EAST, 700.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM A PORTION OF EXISTING ROADWAY KNOWN AS INDUSTRY HILLS PARKWAY, MORE PARTICULLARY DESCRIBED AS FOLLOWS.

BEING A STRIP OF LAND, 84.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT ABOVE MENTIONED POINT " A»; THENCE CONTINUING ALONG SAID ABOVE MENTIONED LINE HAVING A BEARING OF NORTH 22°19'30" EAST, A DISTANCE OF 125.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT

BEING ON A CUSP OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,000.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 22°19'30" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°54'20", AN ARC DISTANCE OF 50.71 FEET TO A TANGENT LINE; THENCE ALONG LAST MENTIONED TANGENT LINE, SOUTH 70°34'50" EAST, 358.14 FEET TO A POINT ON ABOVE MENTIONED WESTERLY LINE OF AZUSA AVENUE AND THE POINT OF TERMINATION.

THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY AT A RADIAL LINE THAT BEARS SOUTH 22°19'30"

WEST AND PASSES THROUGH HEREIN DESCRIBED CENTERLINE AND TERMINATE EASTERLY TO THE ABOVE MENTIONTED WESTERLY LINE OF AZUSA AVENUE.

CONTAINING WITHIN SAID BOUNDS 11.5208 ACRES (501,846 SQUARE FEET) OF LAND, MORE OR LESS.

LA ND
Y.

OHANA SURVEYOR *
Teddy-Chuca * LT No. 8583
Teddy Y Ohana, PLS 8583

CALIFORNIA
OF
Job No. MP 00-10.832 Legal No. 494R
Checked by: _ - December 5, 2022

Page 2 of 3 ends

EXHIBIT
Swim & Tennis Center
155/551

NO SCALE
Hillside Southern
Baptist Church
N53°00'00"E Bk. 51343/110, D.R. POB
130.00' S84°42'50"E
N28°57'14"E 700.00
15>
N05°21'00"E 11.5208 Acres 618,957
129.00

AZUSA AVENUE
19'30"W (RAD)
4=21°59'10" R=958.00 5?
L=367.61' =2°54'20" R=1,000.00'
INDUSTRY L=50.71'
CITY. OF INDUSTRY 167.05
"TY & HILLS.

OF LA PUENTE BACKYAR
POINT 42' 42'
"A" N34°( 2201901E < N70°34'50 W
(RAD) 4=09º00'57"L
M,DY N.A.P. CEPTION
S625738E-S ROADWAY =2945.00"
NOT A PART (N.A.P.)
3500%
N62°57'38"W
55/55
Prepared by:
255 N Hacienda Blvd | Ste 222
ACNC City of Industry I CA | 91744
P | 626.333.0336
www.cnc-eng.com

ENGINEERING
Job No. MP 00-10.832 December 5, 2022
Legal No. 494R Page 3 of 3

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.10

CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Assistant City Manager
DATE: March 28, 2024
SUBJECT: Consideration of an Exclusive Option Agreement by and between the City of Industry and Grand Central Recycling & Transfer, Inc.

BACKGROUND
Grand Central Recycling & Transfer, Inc. has expressed interest in improving property generally known as Tonner Canyon (see Exhibit A of proposed Option Agreement for site location), owned by the City of Industry and located within the County of Orange, for an organics processing facility, including composting and anaerobic digestion, and related amenities and improvements. No development plans have been submitted to the City for consideration, but the concept provides have been submitted to the critical infrastructure for recycling organic waste and reducing methane emissions, in furtherance of State law (AB 1826 and SB 1383).

DISCUSSION
To further negotiate a potential lease and demonstrate mutual commitment, an "Exclusive Option Agreement By and Between the City of Industry and Grand Central Recycling & Transfer, Inc." (Option Agreement) has been prepared for City Council. The following summarizes the key terms:
• Parties agree that no obligation to enter into definitive transaction documents, or any transaction, shall exist.
• No project or definitive transaction documents shall be deemed to be approved until after (i) the Project is reviewed in accordance with the requirements of CEQA; (ii) any additional conditions or changes to the Project based on the CEQA review have been resolved in a manner acceptable to the City; and (i) all required permits for the Project have been obtained from the City and other governmental authorities with jurisdiction, in accordance with all applicable laws and regulations (the subject property is located wholly within the County of Orange and subject to all land use entitlements and other requirements of that jurisdiction). • Initial option term shall be two (2) years, starting from the completion date of the California Environmental Quality Act process (including completion of any statute of limitations). • Grand Central Recycling & Transfer, Inc. may extend the term twice, each by twelve (12) months, for a total of twenty-four (24) additional months. • Initial option price is $1,000.00.
• Grand Central Recycling & Transfer, Inc. is responsible for the entire cost of the County of Orange's and the City's CEQA review.

If the City Council approves the Option Agreement, then it is anticipated that Grand Central Recycling & Transfer, Inc. will prepare plans and submit applications for land use entitlements and environmental review with the County of Orange.

FISCAL IMPACT
Initial option price is $1,000.00.

RECOMMENDATION
Approve the Exclusive Option Agreement with Grand Central Recycling & Transfer, Inc.

EXCLUSIVE OPTION AGREEMENT BY AND BETWEEN

THE CITY OF INDUSTRY AND GRAND CENTRAL
RECYCLING & TRANSFER, INC.

THIS OPTION AGREEMENT ("Option Agreement") is made March 28, 2024 ("Effective Date") by and between the CITY OF INDUSTRY, a municipal corporation (hereinafter called "City") and GRAND CENTRAL RECYCLING & TRANSFER, INC., a California corporation (hereinafter called "Optionee"). City and Optionee may sometimes hereinafter individually be referred to as "Party" or jointly as "Parties."

RECITALS
WHEREAS, Optionee desires to obtain an option to lease a portion of certain real property owned by the City and described as the "Property" as set forth in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, Optionee has proposed to utilize the Property for an organics processing facility, engaging in composting and anaerobic digestion, pursuant to AB 1826 and SB 1383, and related amenities and improvements ("Project"); and
WHEREAS, City as the fee owner of the Property is willing to enter into an option to lease the Property for the Project, as set forth herein; and
WHEREAS, the Project, including any ground lease and land use entitlements are subject to environmental review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seg.) ("CEQA"). Nothing in this Option Agreement shall constitute a commitment by the City to approve the CEQA documentation, land use or any other entitlements or agreements concerning the Project, which shall comply with all applicable development ordinances, regulations and laws; and
WHEREAS, this Option Agreement recognizes that the Parties agree to negotiate definitive documents and potential approvals to be considered by the City regarding the potential leasing of the Property to Optionee for development of the Project. The Parties agree that no obligation to enter into definitive transaction documents, or any transaction, shall exist by virtue of this Option Agreement and no Project ot definitive transaction documents shall be deemed to be approved until after (i) the Project is reviewed in accordance with the requirements of CEQA; (i) any additional conditions or changes to the Project based on the CEQA review have been resolved in a manner acceptable to the City; and (iii) all required permits for the Project have been obtained from the City and other governmental authorities with jurisdiction, in accordance with all applicable laws and regulations.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:

1. The recitals are true and correct and are incorporated herein by reference. 1 2. DEFINITIONS
A. "City" means the City of Industry, State of California, within which the Property is located, and shall include its City Council, its elected and appointed officials, officers, agents, employees, attorneys, and contractors.

B. "City Council" means the City Council of the City of Industry.

C. "City Manager" means the City Manager, City of Industry, or designee, or upon written notice to Optionee, such other person as may be designated by the City Council.

D. "Project" means Optionee's construction of improvements to establish an organics processing facility and related amenities.

3. OPTION
City hereby grants to Optionee an exclusive option ("Option") to lease the Property in accordance with the terms and conditions set forth herein. Optionee anticipates seeking various land use entitlements for the Property for the development and operation of the Project. Once the environmental review process is conducted and approved for the Project pursuant to the California Environmental Quality Act, (Cal. Pub. Res. Code SS21000 et seq.) ("CEQA") Optionee shall have the right in its discretion to exercise the Option.

4. TERM
Subject to Section 5 below, the term of this Option Agreement (the "Option Term") shall be two years, commencing upon the conclusion of the CEQA process, including expiration of the time within which a challenge to CEQA approval, if achieved, must be filed.

5. OPTION PRICE/CONSIDERATION
A. As independent consideration for the Option, Optionee shall pay to City upon the full execution of this Option Agreement, ONETHOUSAND Dollars ($1,000) (the "Option Price"). The Option Term shall not commence and this Option Agreement shall not become effective until the Option Price is paid to the City.

B. The Option Price shall be retained by City and is non-refundable, and shall be used by the City to cover the costs associated with Staff time, consultant time, and attorney time.

6. OPTION TERM EXTENSION
A. Optionee may extend the Option Term twice by up to an additional twelve (12) months each (the "Extended Option Periods") with the prior written approval of the City, which approval may be granted or withheld in the sole and absolute discretion of the City, and then only if (i) Optionee is 2 delayed in fulfilling the requirements of this Option through no fault of its own, and (i) each of the following acts ate accomplished by Optionee prior to the granting of such an extension:

C. At least ten (10) business days prior to expiration of the Option Term, Optionee shall have submitted to the City Manager a cashier's check made payable to the "City of Industry" for the sum of one thousand dollars ($1,000) (the "Extension Fee"). The Extension Fee shall be in addition to the Option Price. Whether or not Optionee exercises the Option in accordance with the terms of this Option Agreement, the Extension Fee shall be retained by City as consideration for extending the Option Term. Under no circumstances will any portion of the Extension Fee be refunded to Optionee, and shall be used by the City to cover the costs associated with Staff time, consultant time, and attorney time.

D. Notwithstanding the provisions of Sections 6.A - C., in the event of a third party CEQA challenge to the Project, Optionee may submit written notice to the City Manager requesting an extension of the Option Term at any time prior to the expiration and said extension shall be granted by the City Manager, and with no Extension Fee to Optionee.

7. REVIEW BY CITY
Optionee hereby acknowledges that one of the purposes of this Option Agreement is to afford Optionee and City the opportunity to determine whether Optionee is able to meet the various conditions of this Option Agreement and is able to obtain the required approvals as set forth in this Option Agreement. Several of those conditions involve obtaining reviews and approvals from officers, employees, or agents of the City. Each of those reviews shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction of authority otherwise possessed by said officers, employees, ot agents in the conduct of such review. Optionee hereby acknowledges that any review or consideration by the City under this Section shall not be deemed an approval by the City.

Accordingly, nothing contained in this Option Agreement shall be deemed to imply that required approvals will be forthcoming, and the failure to issue any such approval or permit by any officer, employee, or agent of the City shall not be deemed in any manner a breach of this Option Agreement, nor shall any such denial give rise to any claim, liability, obligation, or cause of action against City with respect to this Option Agreement. No permit, approval, or consent given by City, of any of its respective officers, employees, or agents, acting in its/ their governmental capacity, shall affect or limit Optionee's obligations under this Option Agreement, not shall any approvals or consents given under this Option Agreement by City, as a Party hereto, or by the City Manager, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, and/or regulations, or be deemed a waiver of Optionee's obligations under this Option Agreement to obtain all required governmental approvals and permits.

With respect to the documents submitted by Optionee and considered or reviewed by City or the City Manager under this Option Agreement, nothing herein shall be deemed a representation or covenant on the part of City that such submittals will ultimately be approved by City officials acting in their governmental capacity or by any other governmental agency with jurisdiction over the Property 3 and no approvals granted by City or the City Manager under this Option Agreement shall give rise to any claim that City is estopped from rejecting, in its governmental capacity, any applications for approval of the Project subsequently submitted by Optionee to City in its regulatory capacity.

8. CEQA
Optionee is solely and exclusively responsible for the entire cost of the County of Orange's, and the City's CEQA review.

9. DISCLAIMER OF REPRESENTATIONS OF WARRANTIES
Optionee acknowledges and agrees that City has made no representations, warranties, or agreements as to any matters concerning the Property, including, but without being limited to, the land, the environmental condition thereof marketability of title, topography, climate, air, water, water rights, utilities, present of future zoning, soil, subsoil, hazardous substances, waste or materials, the purposes for which the Property is suited, drainage, access to public roads, proposed routes of roads or extensions thereof or the availability of governmental permits of approvals of any kind. As such, City hereby disclaims any and all express warranties, implied warranties, warranties of fitness for a particular purpose or use, warranties of merchantability, warranties of habitability and other similar warranties.

Furthermore, Optionee represents and warrants to City that it and the Optionee Parties (as hereinafter defined) have made, or prior to the exercise of the Option will make, their own independent inspection and investigation of such matters concerning the Property. Optionee also represents and warrants to City that is experienced in the leasing and development of land similar to the Property and that Optionee is qualified to make such inspections and investigations. Optionee acknowledges that it is fully relying on Optionee's own inspections and investigations of the Property, and not upon any statements (oral or written) or due diligence materials or information which may have been made provided (or may be made (or purportedly made) or provided) by City, or any of the City Parties (defined below).

10. OPTIONEE'S RIGHT TO ENTER PROPERTY, INDEMNIFICATION A. Commencing upon the Effective Date and continuing for the duration of the Option Term, diligence investigations and inspections of the Property as Optionee shall deem necessary in order to provided that: (i) all such investigations and inspections shall be at Optionee's sole cost and expense without any obligation of City to contribute to the same, (ii) Optionee shall provide the City Manager with no less than forty eight (48) hours' advance written notice of the need for entry upon the Property to perform such investigations, (i) Optionee shall abide by all conditions to such entry as may be specified by the City Manager from time to time, (iv) Optionee shall not perform any intrusive or destructive testing, including, without limitation, any so called "Phase II" environmental assessment or boring, without (a) submitting to the City Manager a written proposal for such testing or investigation, which shall include, without limitation, the scope and nature of the inspections to be included in such testing, and (b) obtaining the prior written consent of the City Manager to conduct such testing, which consent may be granted or withheld in the City Manager's sole and absolute discretion, and (v) prior to entering upon the Property, Optionee and all of Optionee's consultants, members, directors, officers, employees, agents and representatives (collectively, "Optionee Parties") 4 entering upon the Property for purpose of such due diligence, shall provide City with a certificate of insurance evidencing that Optionee and each of the Optionee Parties have the insurance required under Section 11 below.

B. Optionee covenants and agrees as follows: (i) Optionee shall, and shall cause all Optionee Parties to, conduct all work or studies performed on the Property in a diligent and safe manner and not create any dangerous or hazardous condition on the Property; (i) Optionee shall, and shall cause all Optionee Parties to, comply with all applicable laws and governmental regulations in connection with such work of studies; (iii) Optionee shall, and shall cause the Optionee Parties to, keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry upon the Property and work performed by Optionee or any Optionee Parties upon the Property; (iv) following Optionee's entry, or entry by any of the Optionee Parties, upon the Property for the purposes of performing investigations or inspections of the Property, Optionee shall immediately notify City of damage to any existing infrastructure on the Property and, in a timely manner, repair in a manner acceptable to City, any and all damage to the Property caused by such inspections or investigations, and (v) Optionee shall provide the City Manager with copies of all reports, test results, updates to surveys and other written materials obtained by Optionee in connection with its investigation of the Property promptly following Optionee's receipt thereof.

11. RELEASE; HOLD HARMLESS
A. Optionee hereby releases and waives all claims and recourse against City, the City Parties and the Property, including the right of contribution for loss ot damage of persons ot property, arising from, growing out of or in any way connected with or related to this Option Agreement. It is the intention of the Parties that the foregoing release shall be effective with respect to all matters, past and present, known and unknown, suspected and unsuspected. Optionee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to losses, damages, liabilities, costs and expenses which are presently unknown, unanticipated and unsuspected, and Optionee further agrees that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Optionee nevertheless hereby intends to release, discharge and acquit City and the City Parties from any such unknown losses, damages, liabilities, costs and expenses. In furtherance of this intention, Optionee hereby expressly waives any and all rights and benefits conferred upon it by the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
5 MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
Optionee acknowledges that the foregoing acknowledgments, releases, and waivers including, without limitation, the waiver of the provisions of California Civil Code Section 1542 were expressly bargained for.

Optionee Initials
B. Optionee hereby agrees to indemnify, defend (with counsel approved in writing acceptable to City, and hold harmless, City, the City Parties, and the Property trom and against any lability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged of threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees, and including any attorney's fees and costs against the City or City Parties to attack, set aside, void, or annul any approval of the City related to the Project or this Agreement, including but not limited to, any envitonmental review/approvals concerning the Project), where the same arise out of, of a consequence of or are in any way attributable to, in whole or in part, this Agreement. In the event City or City Parties are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from this Agreement, and upon demand by City, Optionee shall have an immediate duty to defend City and/or City Parties at Optionee's cost, of at City's option, to reimburse City's for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters. The aforementioned indemnity provisions shall extend to any individual or agency for which Optionee is legally liable, including but not limited to, officers, agents, employees, or subcontractors of Optionee.

C. The provisions of this Section 10 shall survive the termination of this Option Agreement, as well as the exercise of the Option, and are in addition to any other rights of remedies the City may have under law.

12. INSURANCE
A. General Requirements. Optionee shall purchase and maintain, at Optionee's expense and at all times during the Option Term, all insurance required under this Option Agreement, as set forth herein, and deposit with City certificates evidencing such insurance, including all endorsements required herein.

Automobile liability insurance. Optionee shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Optionee arising out of or in connection with this Option Agreement, including coverage for any hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
6 Optionee Parties shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Optionee arising out of or in connection with this Option Agreement, including coverage for any owned, hired, non-owned of rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Workers' compensation insurance. Optionee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Optionee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Primary/noncontributing. Coverage provided by Optionee shall be primary and any insurance of self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before City's own insurance or selt-insurance shall be called upon to protect it as a named insured.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Optionee or others providing insurance evidence in compliance 7 with these specifications to waive their right of recovery prior to a loss. Optionee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been fitst submitted to City and approved of in writing
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Optionee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross- liability exclusions.

Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. Optionee shall give City prompt and timely notice of claims made or suits instituted that arise out of of result from Optionee's performance under this Option Agreement, and that involve or may involve coverage under any of the required liability policies.

13. ASSIGNMENT
This Option shall not be sold, assigned, or otherwise transferred without the prior written consent of City. Failure to obtain City's required written consent shall render said sale, assignment, of transfer void and City may terminate this Option. If Optionee hereunder is a corporation, limited liability company, or an unincorporated association or partnership, the sale, transfer, or assignment of any stock or interest in said corporation, company, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this clause.

14. TERMINATION
A. This Option Agreement, and the Option, shall automatically terminate and be of no further force or effect upon the expiration of the Option Term, unless Optionee exercises the Option during the Option Term.

C. Optionee shall have the right to terminate this Option Agreement for any reason, or no reason, in Optionee's sole and absolute discretion, during the Option Term upon written notice to the City.

15. NOTICES
All notices, documents, correspondence and communications concerning this Option Agreement shall be addressed as set forth in this Section 17, or as the Parties may hereafter designate by written notice, and shall be sent through the United States certified mail, return receipt requested 9 or with other proof of delivery, with postage prepaid, by personal delivery, Federal Express or similar courier service, or by facsimile, and with courtesy copy sent via electronic mail.

To City: Joshua Nelson, City Manager
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744-0366
Telephone: (626) 333-2211
Email: [email protected]
With copy to: James M. Casso
Casso & Sparks, LLP
13300 Crossroads Parkway, North
Suite 410
City of Industry, CA 91746
Telephone: (626)269-2980
Email: [email protected]
To Optionee: David M. Perez
Grand Central Recycling & Transfer, Inc.
17445 E. Railroad Street
City of Industry, CA 91748
Telephone: (626) 855-55555
Email: [email protected]
With copy to: John A. Ramirez
Rutan & Tucker, LLP
18575 Jamboree Road, 9* Floor
Irvine, CA 92612
Either Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address.

16. VENUE
The Parties hereto agree that this Option Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Option Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located Los Angeles County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
10 Furthermore, the Pasties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another County.

17. SEVERABILITY
If any term, covenant, condition, or provision of this Option Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

18. ATTORNEYS' FEES
In any action or proceeding brought to enforce or interpret any provision of this Option Agreement, ot where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs in connection with such action or proceeding.

19. SUCCESSORS AND ASSIGNS
Subject to any restrictions against sale, assignment, ot other transfer above, the terms, covenants, and conditions contained herein shall inure to the benefit of, and be binding on, the heirs, successors, executors, administrators, and permitted assigns of the Parties hereto.

20. AUTHORITY
Each individual signing below represents and warrants that he/she has the requisite authority to bind the entity on whose behalf he/she is signing. Furthermore, each Party to this Option • Agreement represents and warrants to the other Party that it has been duly authorized to execute this Option Agreement, and once executed, this Option Agreement shall constitute a legally binding obligation of such Party, enforceable in accordance with its terms.

21. ENTIRE AGREEMENT
This Option Agreement contains the entire agreement between the Parties relating to the Option granted herein and all negotiations and agreements between the Parties hereto or their agents with respect to this transaction are merged herein. Any oral representations, modifications, or waivers concerning this instrument shall be of no force and effect, except in a subsequent instrument made in writing and signed by both Parties. Time is of the essence in the performance of the Parties' respective obligations herein contained. The attachments to this Option Agreement are hereby incorporated by referenced herein.

22. COUNTERPARTS
This Option Agreement, including any exhibits attached hereto, may be executed by the Parties in several counterparts, each of which shall be deemed to be an original copy. [Remainder of page intentionally left blank; signature page follows] 11 "CITY"
City of Industry
By:

Cory C. Moss, Mayor
Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
"OPTIONEE"
GRAND CENTRAL RECYCLING & TRANSFER, INC.,
A California corporation
By:

David M. Perez, President

APPROVED AS TO FORM
By:_
John A. Ramirez, Rutan & Tucker, LLP
12 EXHIBIT A

SITE LOCATION
13 COUNTY OF LOS ANGELES

COUNTY OF ORANGE
02 LTEM_NO. 9°

TONNER CANYON
RANGE FREEWAY 57 RANGE FREEWAY
APN'S 306-021-01 & 02
- ITEM N. 2
COUNTY_OF LOS ANGELES

COUNTY OF ORANGE
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02 TONNER CANYON
ORANGE FREEWAY 57 APN'S 306-021-01 & 02 HEMA 15
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POR. SEC. 1, T. 3 S.,R.IOW. 306-02
POR. SECS. 5 & 6, T. 3S, R.9W.

SEE SPECIAL PAGE 306-029 FOR FEE TITLE ASSESSMENT BELOW SURFACE S COPYRIGHT ORANGE COUNTY ASSESSOR 2004 RESERVED.
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6,06 AC
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POR. LOT 23 LOT 22
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MARCH 1971
PUENTE CRUDE OIL CO LAND M.M. 3-11,12 NOTE - ASSESSOR'S BLOCK & ASSESSOR'S MAP RANCHO SANCADE SANTA ANA RANCHO RINCON ..A. 3-79,80 PARCEL NUMBERS BOOK 306 PAGE 02 LA. 3-97 SHOWN IN CIRCLES COUNTY OF ORANGE

CITY COUNCIL
MARCH 28, 2024
ITEM NO. 6.11

CITY OF INDUSTRY

BACKGROUND
California Government Code Section 65300 requires every city and county within the State to adopt a General Plan for the physical development of the jurisdiction. In short, a General Plan establishes the City's vision for long-term growth and provides strategies and implementing actions to achieve this vision. The General Plan helps to guide decision-making by residents, property owners, business interests, and elected and appointed officials about public and private land use and development.

Industry's General Plan includes seven state-mandated element topics: Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space. Unlike other elements, the Housing Element undergoes a rigorous review and certification process with the California Department of Housing and Community Development ("HCD"). The City's General Plan, including the certified Housing Element, was last adopted in 2023. The Housing Element covers an eight-year period and is typically updated more frequently than the rest of the General Plan due to requirements established by State law.

HCD certified the City's Housing Element in September 2023, and work is underway to implement the Housing Element.

DISCUSSION
Housing Elements are subject to mandated reporting requirements. Historically, general law cities were required to prepare a Housing Element Annual Progress Report ("APR") and submit it to HCD and the Governor's Office of Planning and Research ("OPR") for review. However, passage of AB 879 (Grayson), extended that requirement to charter cities, like the City of Industry. Beginning with the 2017 APR, all California cities (general law and charter) are required to send a Housing Element APR to HCD and OPR, annually on April 1st.

Government Code Section 65400 requires APRs to cover the status of program implementation, including progress toward meeting the jurisdiction's share of regional housing needs (pursuant to Govt. Code §65584) and local efforts to remove governmental constraints to the development and maintenance of housing. APRs must be considered at a public meeting before the City Council, so members of the public have an opportunity to provide oral or written comments.

The City's APR for 2023 reports no activity regarding receiving housing development applications or building housing developments.

The attached document conforms to State requirements for the Housing Element APR in 2023. After review, staff recommends that the City Council authorize transmittal of the APR to HCD and OPR.

FISCAL IMPACT
No fiscal impact.

RECOMMENDATION
City Staff recommends that City Council receive and file the Housing Element Annual Progress leport for 2023, and direct Staff to transmit copies to the California Department of Housing an sommunity Development and Governor's Office of Planning and Research by email not later tha April 1, 2024, as required by State law.

Attachments
A. City of Industry 2023 Housing Element Annual Progress Report Please Start Here
General Information
Optional: Click here to import last year's data. This is best used Jurisdiction Name Industry when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be Reporting Calendar Year 2023 copied exactly how it was entered in last year's form and must be Contact Information updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl First Name Bing
Last Name Hyun
Title Assistant City Manager Click here to download APR Instructions Email [email protected]
Phone 6263332211
Mailing Address
Street Address Click here to add rows to a table. If you add too many rows, 15625 Mayor Dave Way you may select a cell in the row you wish to remove and type City Industry ctri + d.

Zipcode 91744
v_2_15_24
Annual Progress Report January 2020
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cols, along with a description of the nature of the errar.

Submittal Instructions
Optional: Save before running. This coples data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 to preserve comments once tis teobened
Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only before April 1 of each year for the prior calendar year; submit separate reports given for building permits issued during the reporting year. directly to both HCD and OPR pursuant to Govemment Code section 65400. There are two options for submitting APRs:

Link to the online system: https://apr.hcd.ca.gov/APR/login.do 1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD's database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

Toggles formatting that turns cells green/yellow/red based on data validation rules. 2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to CD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Industry
Reporting Year 2023 (Jan. 1 - Dec. 31)
Housing Element Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted 0
Very Low Non-Deed
0 Restricted
Deed Restricted 0
Low Non-Deed
Restricted 0
Deed Restricted 0
Moderate Non-Deed
Restricted 0
Above Moderate 0
Total Units 0
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0
Single-family Detached
2 to 4 units per structure 0 0
5+ units per structure 0
Accessory Dwelling Unit 0 0
Mobile/Manufactured Home 0 0
Total 0 0 0
Infill Housing Developments and Infill Units Permitted # of Projects Units Indicated as Infill 0
Not Indicated as Infill 0 0
Housing Applications Summary
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received: • 000 Total Housing Units Approved:

Total Housing Units Disapproved:

Use of SB 35 Streamlining Provisions - Applications
Number of SB 35 Streamlining Applications
Number of SB 35 Streamlining Applications Approved
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0
Low
Moderate
Above Moderate
Total
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone
SB 9 (2021) - Residential Lot Split
AB 2011(2022)
SB 6(2022)
SB 35 (2017)
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count Programs Implemented 45
Sites Rezoned to Accommodate the RHNA 0
Jurisdiction Indusir ANNUAL ELEMEN| PROGRESS REPOR Note: "** indicates an optional field Holine year (an 1. Die 31) Housing -ement imniementation Cats in orey contain auto-calculation formula Plannina Parlod
Table A
Housing Development Applications Submitted
Date
Project Identifie Unit Types Application Proposed Units - Alfordability by Household Incomes holes Submitted
Did the hous
ave bolen
Tenure
DISATPROVED Notes
ReRenter
Restricted Restricted Roctricted Rostricted ciscret onsty lestructions!
protectr
Summar Row SlanData EnlaBelow

This table is auto-populated once you enter your jurisdiction name and current year data. Past Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT year information comes from previous APRs.

Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Please contact HCD if your data is different than the material supplied here Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Projection Period - Total Units to Total Remaining
RHNA Allocation by
06/30/2021- 2021 2022 2023 2024 2025 2026 2027 2028 2029 RHN-by Incomt Income Level Date (all years) Level
10/14/2021
Deed Restricted
Very Low Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Moderate Non-Deed Restricted
Above Moderate
Total RHNA
Total Units 17
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Total Units to
Extremely low-Income Total Units
2021 2022 2023 2024 2025 2026 2027 2028 2029 Remaining
Need Date
Extremely Low-Income Units*
*Extremely low-income houng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cels in grey contain auto-calculation formulas Planning Period 10/15/2021 - 10/15/2029
Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Prolecu defitte Date of Rezone RHNA Shortfall by Household Income Category Rezone Type Sites Description Local Parcel Size Description of Existing
Jurisdiction Date of Rezone Very Low-income Vacant Nonvacant APN Siree Address Project Name" cow-income
Density Allowec Uses
income Desionalio Capacity
Tracking ID
Summary Row: Start Data Entry Below

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Jurisdiction Industry
Reporting Year 2023 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Name of Program
Objective Timeframe in HE Status of Program Implementation

1. Housing Sites Strategy Rezone a 1.5-acre site with a Housing Overlay Zone (See Program #3 for Rezone by the end of OZ specifics) for a minimum of 19 units incl. 12 lower income uni 2024 Site was rezoned with the adoption of the Housing Overlay Zone in Ordinance No. 825 (July 13, 2023). mply with provisions of the Surplus Land Act per Gov't Code an

1. Housing Sites Strategy
rezoning requirement of Gov't Code 55 65583.2(h) and (i). As projects proposed The City will comply with the provisions when projects are proposed. No projects have been proposed to date.

Define and permit employee housing serving 6 or fewer residents as a

2. Zoning Code Amendments by-right use in accordance with HSC 5517021.5 and 17021.6 in the ROS Amend municipal code Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 830 (February 27, Zone and HOZ by end 2023 2024).

Define and permit manufactured/mobile homes and single-room

2. Zoning Code Amendments occupancy as by-right uses in accordance with the Gov't Code § 65852.3 Amend municipal code and § 65583(c)(2) in the HOZ. by end 2023 Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023).

Define and permit ADUs by-right on any lot that allows single- or

2. Zoning Code Amendments multifamily housing in accordance with the Gov't Code 965852.2 (a) in Amend municipal code Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 829 (March 14, the ROS Zone and HOZ. Goal: Yield 4 ADUs by end 2023 2024).

Define & permit low-barrier navigation centers and supportive housing

2. Zoning Code Amendments as by-right uses in zones allowing multifamily and mix uses (Gov't Codes Amend municipal code 65650, 65660 et seg.) by end 2023 Municipal Code amended with adoption of Ordinance No. 825 (July 13, 2023).

Establish HOZ that: Permits single family and multifamily residential uses that: are by right, permits a density of 20 units per acre, and allows a

3. Housing Overlay Zone
minimum of 16 units per site. Production goal is 19 units, including 12 Amend municipal code lower income units per the RHNA by end 2023 Site was rezoned with a Housing Overlay Zone by Ordinance No. 825 (July 13, 2023).

Establish HOZ that: Allows residential care of all size, employee housing,

3. Housing Overlay Zone transitional/permanent supportive housing, mobile and manufactured Amend municipal code homes, low barrier navigation center, and ADUs by-right by end 2023 Amended the Municipal Code with adoption of Ordinance No. 825 (July 13, 2023).

3. Housing Overlay Zone Establish HOZ that: Offers financial assistance, regulatory incentives, and As projects proposed. priority processing to ensure that units are affordable per RHNA goals; Housing Overlay Zone established with adoption of Ordinance No. 825 (July 13, 2023). No projects have been issue RFP for housing services by mid 2025. 2025 proposed to date.

3. Housing Overlay Zone tablish HOZ that: Reviews progress made in creating ar plementing the HOZ. If sites are not rezoned by end of 2024, ident and rezone additional sites to address the unmet RHNA. Annual Review Housing Overlay Zone established with adoption of Ordinance No. 825 (July 13, 2023)

3. Housing Overlay Zone Establish HOZ that: Complies with provisions of the Surplus Land Act per the Govt Code and rezoning required of Gov't Code 9§ 65583.2(h)(i). As projects proposed The City will comply with the provisions when projects are proposed. No projects have been proposed to date.

Establish HOZ that: Continue to identify potential sites to allow for a

3. Housing Overlay Zone variety of housing types and, if appropriate, consider sites applicable to The City will continue to identify potential sites to allow for a variety of housing types and, if appropriate, consider sites applicable to the HOZ.
a. Aces well it are a area out end of 2021% A us in acordance with yend 202 ipal code Municipal Code amended to permit ADUs with the adoption of Ordinance No. 829 on March 14, 2024. No ADU applications have been submitted to date.

4. Accessory Dwelling Unit In offer a waiver of building permit fees for ADUs proposed for As projects are The City will offer a waiver of building permits fees for ADUs as projects are proposed. No projects have been construction in Industry proposed proposed to date.

Adopt objective development and design standards per Gov't Code Amend municipal code

5. Development Regulations The City will amend the municipal code by end 2024 (55pt densty bonus ordinance consistent with the Government Code 9 Amend 2ozantdipal code

5. Development Regulations by end 2024
65915 - 65918. The City will amend the municipal code by end 2024 Amend municipal code

5. Development Regulations Adopt minor exception process for new residential projects in Industry by end 2024 The City will amend the municipal code by end 2024
Contract bing ban heck and perminances en odopt unity and! he City of Industry contracts with the County of Los Angeles to provide building plan check and permit services f

5. Building Permit & Code En tructures in the community. The City provides a permit flow chart on its website to inform developers and proper codes as needed for new housing Ongoing owners. The City enforces zoning code provisions on a complaint basis.

6. Building Permit & Code En inspect all businesses adjacent to homes to identify hazards noise, (Amalance et, bain the city or dustr esprite with the out sue ales ere are ere re e., NDES, queue, etc.); where found, obtain compliance within 3 months months monitoring, and coordinating with property operators and/or owners to obtain compliance.

Direct code enforcement efforts, including proactive efforts for Annual inspect

5. Building Permit & Code En businesses, to limit and address hazards adjacent housing and obtair compliance within 3 months ne in or dusty cordinates it the found as redes herit beaten, is code enforcement fies,., le City's residential areas have infrastructure in place, however, surrounding commercial and industrial uses rest

7. Infrastructure Maintenanc wear and tear. The City continues to maintain infrastructure and provide public services in a manner th Maintain infrastructure and public services that enhance the safety, enhances neighborhoods. These include infrastructure such as streets, curbs, gutters, sidewalks, traffic signals, and appearance, and condition of neighborhoods. Update CIP Annually other improvements. The FY 2023-2024 CIP budget totals approximately $71.4 million.

7. Infrastructure Maintenanc Make annual safety improvements sidewalks, ramps, signals, etc.) for Annually make 3-5 curb The City continued to make annual safety improvements in 2023. A total of 36 curb cuts were made and 12 bus ADA purposes in accordance with Transition Plan and CIP cuts and 1-2 shelters shelters were maintained.

Annually and as apps

8. Housing Maintenance & R publicize annually at City Hall, Industry News, and City website are received The City publicizes annually at City Hall, Industry News, and City website. Will publish in Industry News in 2024 Adopt program changes
within 2 years of

8. Housing Maintenance & RI housing element
Seek additional funding and partners to administer the program. adoption The City will seek additional funding and partners to administer the program within the timeline provided.

Adopt program changes
within 2 years of

8. Housing Maintenance & flIncrease grant to $25,000, allow greater frequency of use, and assist 10 housing element households adoption The grant was increased to $25,000 in the FY 23/24 adopted budget. No requests were made for grants in 2023.

The City encourages energy efficiency through property improvement projects, repairs performed by the IPHMA, and its Housing Maintenance and Rehabilitation grant program. An energy efficiency brochure was published that

9. Resource Conservation describes the City's energy conservation program. IPUC residential customers are eligible for the Domestic Rebate Program and may receive rebates for the installation of ENERGY STAR® features. Customers are also eligible for the Encourage energy efficiency in the housing rehabilitation grant program Direct Install Program, which includes a home energy survey and installation of energy efficiency measure. No and water efficiency programs. Ongoing equests were made for grants in 202 he City encourages energy efficiency through property improvement projects, repairs performed by the indust

9. Resource Conservation Property and Housing Management Authority, and its Housing Maintenance and Rehabilitation grant program. A Provide brochures advertising energy efficiency programs offered by the energy efficiency brochure was published that describes the City's energy conservation program. The brochure i city or local utility. Ongoing

9. Resource Conservation Upon adoption of draft
housing housing element The housing element was provided to the City's utility providers.

The City met with school district homeless coordinator, regarding HLPUSD Equity program to help homeless and those at risk to become homeless. The City will continue to meet with school districts and provide support. As a

10. Homeless Services Support efforts to address homelessness; meet with each of the four result of the meetings, the City donated a total of $5,300 to Hacienda La Puente Unified School District to assist with school districts beginning in 2023, and annually thereafter, to assess Meet annually college scholarships and help fund the districts gift card program to support students of disadvantage families who homeless prevention needs beginning in 2023 are homeless or at risk of becoming homeless.

10. Homeless Services Prepare resolution to join the San Gabriel Valley Regional Housing Trust Preparate resolution in to coordinate on regional solutions to homelessness 2023 The City joined the San Gabriel Valley Regional Housing Trust on September 28, 2023.

10. Homeless Services Amend Municipal Code for emergency shelter parking, supportive In 2023, adopt The Municipal Code was amended by adoption of Ordinance No. 825 (July 13, 2023) and Ordinance No. 830 housing, and low barrier navigation centers per state law amendments (February 27, 2024).

11. People with Disabilities Provide $1.8 million to fund the Mental Health Regional Crisis Response and Training Center in Industry in FY 2022/2023 2022/2023 The City completed and fully funded the Mental Health Regional Crisis Response and Training Center in 2023.

11. People with Disabilities Complete ADA Transition Plan to provide disabled people fuller access to infrastructure, public facilities, and community services. Complete by 2023/2024 The City will complete its ADA Transition Plan by 2024.

In 2023, the City received and granted donations to the following organizations: 1. $105,000 to the Gabriel Foundation for the Industry Hills Charity Pro Rodeo - The Gabriel Foundation supports those with special needs; 2. $25,000 to Land of the Free Foundation for their Veteran's Day Golf Classic - Land of the Free supports veterans,

11. People with Disabilities including those who are disabled; and 3. $25,000 to Delhaven Community Center for the Because We Care Program - This program supports those with special needs, learning disabilities, and mental illnesses. Additionally, the City streamlined the process by adopting a resolution to establish a policy authorizing the City Manager to consider and Periodically consider funding requests from nonprofit organizations that approve donations requests from non-profits and public agencies up to $1,000, not to exceed $5,000 each fiscal address the needs of disabled people. As requests received year. The City Council will consider all donation requests exceeding those amounts.

Adopt a reasonable accommodation ordinance that facilitates options

11. People with Disabilities
for disabled people to fully enjoy use of their home Amend code by 2023 Amended Municipal Code for reasonable accommodation process by Ordinance No. 826 (January 25, 2024).

11. People with Disabilities Amend Municipal Code to permit residential care facilities serving 7 o nore clients by right in the HOZ as required by state law Amend code by 2023 Amended Municipal Code to address residential care facilities (Ordinance No. 825, July 13, 2023).

12. Collaborative Partnership Work with current housing and service partners and, as needed, expand and/or develop new partnerships to augment resources. Ongoing Ongoing. _Reach out annually to developers and service providers to address

12. Collaborative Partnership housing need Annually Ongoing.

12. Collaborative Partnership Prepare resolution to join the San Gabriel Valley Regional Housing Trust Adopt resolution in to coordinate on regional solutions to homelessness 2023 The City joined the San Gabriel Valley Regional Housing Trust on September 28, 2023.

13. Extremely Low Income H By end of 2024, rezone site and have code amendments complete in y end of 2024, rezon ite and relevant cod
Program #2 to allow housing on the site identified in Program #1. amend. The site was rezoned with a Housing Overlay Zone by Ordinance No. 825 (July 13, 2023).

13. Extremely Low Income H. By mid-2025, issue RFP/Q for housing development and when a project RFP/Q by middle of is proposed facilitate entitlements and issue permits by the end 2026, 2025; permits by end of 2026 in process.

The City will grant priority and expedited processing and provide additional incentives as projects are proposed. No As projects proposed projects have been proposed to date.

Implement City's Fair Housing Program, incl.
- Increase housing opportunity + improve land availability (P#1) - Revise IMC to allow range of housing types/price (P#2) Create HOZ to place on sites for the RHNA (P#3)
- Amend IMC to allow ADUs, furthering fair housing (P#4) - Enforce building codes to prevent displacement (P#5)

14. Fair Housing Program
- Complete Transition Plan and improve accessibility (P#7) - Address needs of seniors, disabled, homeless (P#10-11) - Maintain/preserve city's housing to reduce displacement (P#8) - Continue to address and mitigate environmental hazards - Pursue partnerships to implement programs (P #12)
- Publicize fair housing and refer concerns to appropriate agency Ongoing

15. Housing Administration Announce housing and service news in the "Industry News" monthly publication Ongoing
Prepare housing element progress reports and evaluate compliance with

15. Housing Administration
fair housing Annually Industry submitted its 2017-2022 APRs and now 2023 APR. Staff evaluated compliance with fair housing.

General Comments
Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Cells in grey contain auto-calculation
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 (CCR Title 25 $6202) Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Commercial Approvent Bonus 2 3 4
Local Jurisdiction Very Low Low Moderate Above Moderate Description of Commercial Commercial Development Bonus APN Street Address Project Name*
Tracking ID* Income Income Income Income Development Bonus Date Approved Summary Row: Start Data Entry Below
Annual Progress Report January 2020
Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021-10/15/2029
Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Units that Count Towards RHNA * The description should adequately document how Note - Because the statutory requirements severely limit what can be each unit complies with subsection (c) of Government Units that Do Not Count Towards RHNA*
counted, please contact HCD at [email protected] and we will unlock the Code Section 65583.1*.

Listed for Informational Purposes Only
Activity Type form which enable you to populate these fields. For detailed reporting requirements, see the choklist here:

Extremely Low- Extremely Low- Very Low- https://www.hcd.ca.gov/community- Income Very Low-Income* Low-Income* TOTAL UNITS* Income" Income* Low-Income* TOTAL UNITS* development/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Annual Progress Report January 2020
Note: *** Indicates
ANNUAL ELEMENT PROGRESS REPORT an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction's moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adoin informaton to this table, please ensure housing develapments meet the recuirements described in Government Code 65400 216Y Linte credtter toward Moderate Notes
Project Identifier Unit Types Anordability by Housenold incomes Arter conversion Income RHNA
Very Low- Total Moderate Income
Low- Income Date Notes
Prior APN* C--5-25-3335 Current APN Jurisdicion income beed Non beed Income beca Units Converted from Converted Conned
Above Moderate
Summary Row: Start Data Entry Below
NOTE: This table must only be filled out if the housing element sites Note: "t" indicates an optional field Jurisdiction Industry _inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of Cells in grey contain auto-calculation Reporting Period 2023 (Jan. 1 - Dec. 31) during the reporting year. formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
Local Jurisdiction Realistic Capacity Entity to whom the site APN Street Address Project Name* Identified in the Intended Use for Site Tracking ID* Housing Element transferred
Summary Row: Start Data Entry Below
Jurisdiction Industry Note: "+" indicates an optional field OTE: This table must contain an invenory of AL
(Jan. 1 - Dec. surplus/excess lands the reporting jurisdiction owr Cells in grey contain auto-calculation Reporting Period 2023 formulas

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
For Los Angeles County jurisdictions, please format the APN's as follows: 9999-999-999 Table H
Locally Owned Surplus Sites
Parcel Identifier Designation Size Notes
1 3 4 5 6 7
Number of Surplus Parcel Size (in
APN Street Address/Intersection Existing Use acres) Notes Units Designation
Summary Row: Start Data Entry Below
Industry ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field NOT STUDENT HOUSINGWITH DENSITY BONUS ONLY ins
table only needs to be completed if there were student housing Reporting Period 2023 (Jan. 1 - Dec. 31) projects WITH a density bonus approved pursuant to Government Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Units (Beds/Student
Project Identifier Project Type Date Units (Beds/Student Capacity) Approved Capacity) Granted Notes Density Bonus
3 6
Sonersta. income
Unit Category Very Low- Income Very Low- Income Low- Income Deed Low-Income Non Moderate- Income APN Project Name* Date Non Deed Non Deed Moderate- Created Due to Density Notes Step hottess
Tracking ID (SH - Student Housing) Deed Restricted Restricted Becd Restricter Deed Restricted Restricted Restricted Income Bonus
Summary Row. Start Data Entry Below
Annual Progress Report January 2020
Jurisdiction Industry ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Goverment Code 7061 (SB 649, 2022, Cortese).

Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Jurisdiction Industry
Reporting Year 2023 (Jan. 1 - Dec. 31)

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25$6202)
Please update the status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.

Total Award Amount
65,000.00 Total award amount is auto-populated bosed on amaunts entered in rows 15-26. $ Cumulative Reimbursement Other
Task $ Amount Awarded Task Status Notes
Requested Funding
Local
Housing Element Consultant S64,350.00 Completed
$61,695.00
Services
Fund
COG to Hire Staff Position for
$650.00 $0.00 Completed None
LEAP Subject Matter
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Completed Entitlement Issued by Affordability Summary
Income Level Current Year
Very Low Deed Restricted
Non-Deed Restricted
Deed Restricted
Low
Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low Deed Restricted
Non-Deed Restricted
Deed Restricted
Low Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level Current Year
Deed Restricted
Very Low
Non-Deed Restricted
Deed Restricted
Low
Non-Deed Restricted
Deed Restricted
Moderate
Non-Deed Restricted
Above Moderate
Total Units

Industry City CouncilMarch 28, 2024

Industry City Council
March 28, 2024