CITY OF INDUSTRY
CITY COUNCIL
REGULAR MEETING BUT OF LOUSTRE
Mayor Cory C. Moss
AGENDA Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
L05
APRIL 25, 2024 ANGELES GONN 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: 294 176 710 324
Meeting Passcode: 8GFWcN
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 439 493 263#
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
APRIL 25, 2024
PAGE NO. 1
Call to Order
Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary) Roll Call
5. Presentation-Homestead quarterly update
CONSENT CALENDAR
6.1 Consideration of the Register of Demands for April 25, 2024 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2 Second Reading and Adoption of an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions), Chapter 17.18 (Institutional Zone), Chapter 17.22 (Housing Overlay Zone), and Chapter 17.26 (Recreation and Open Space Zone), to Implement the City's 2021-2029 Housing Element, and Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof RECOMMENDED ACTION: Adopt Ordinance No. 830
6.3 Consideration of a License Agreement with Chevron Environmental Management Company to Install and Maintain a Groundwater Monitoring Well within Certain Rights of Way within the City of Industry RECOMMENDED ACTION: Approve the Agreement
6.4 Consideration of Amendment No. 1 to the Cost Sharing Agreement with the Puente Basin Water Agency, for the Phase 1 development of the Groundwater Management Plan for the Puente Basin
RECOMMENDED ACTION: Approve the Amendment.
ACTION ITEMS-NONE
PUBLIC HEARINGS-NONE
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
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
APRIL 25, 2024
PAGE NO. 2
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,
8262-012-212, , 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-
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
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 220 N Hacienda Blvd; 8208-025-952
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Barrage Industrial, LLC
Under Negotiation: Price and terms of payment
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
APRIL 25, 2024
PAGE NO. 3
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. 9.00 amment. The next regular City Council Meeting is Thursday, May , 2024, at
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
APRIL 25, 2024
PAGE NO. 4
CITY COUNCIL
ITEM NO. 6.1
CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF APRIL 25, 2024
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 2,528,133.84
103 PROP A FUND 6,025.38
107 MEASURE W FUND 48,357.50
120 CAPITAL IMPROVEMENTS 766,561.24
440 INDUSTRY PUBLIC FACILITY AUTHORITY 1,590.00
TOTAL ALL FUNDS 3,350,667.96
BANK RECAP:
BANK NAME DISBURSEMENTS
PROPIA PROP A - CKING ACCOUNT 6,025.38
M/W MEASURE W - CKING ACCOUNT 48,357.50
WFBK WELLS FARGO - CKING ACCOUNT 3,296,285.08
TOTAL ALL BANKS 3,350,667.96
APPROVED PER CITY MANAGER DATE
4/17/24
CITY OF INDUSTRY P. 1
PROP A
April 25, 2024
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90572 04/25/2024 INDUSTRY SECURITY SERVICES $5,366.40
Invoice Date Description Amount
1121 03/29/2024 SECURITY SVC-METROLINK $2,683.20
1140 04/05/2024 SECURITY SVC-METROLINK $2,683.20
90573 04/25/2024 JANUS PEST MANAGEMENT $65.00
Invoice Date Description Amount
269970 04/05/2024 PEST SVC-METROLINK $65.00
90574 04/25/2024 SO CAL INDUSTRIES $65.00
Invoice Date Description Amount
683769 04/05/2024 RR EXCHANGE-METROLINK $65.00
90575 04/25/2024 VALLEY VISTA SERVICES, INC $528.98
Invoice Date Description Amount
837037 04/01/2024 DISP SVC-METROLINK $528.98
Checks Status Count Transaction Amount
Total 4 $6,025.38
CITY OF INDUSTRY P. 2
MEASURE W
April 25, 2024
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300091 04/25/2024 ANNEALTA GROUP $48,357.50
Invoice Date Description Amount
3172 04/12/2024 STORMWATER COMPLIANCE-MAR 2024 $48,357.50 Checks Status Count Transaction Amount
Total $48,357.50
CITY OF INDUSTRY P. 3
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82744 04/10/2024 AT & T $8.60
Invoice Date Description Amount
2024-00001755 04/01/2024 4/1-4/30/24 SVC-CITY WHITE PGS LISTING $8.60 82745 04/10/2024 AT & T $328.15
Invoice Date Description Amount
2020528806 03/29/2024 3/29-4/28/24 SVC-600 S BREA CYN METROLINK $328.15 82746 04/10/2024 DIRECTV - FOR BUSINESS $113.25
Invoice Date Description Amount
034740128X240331 03/31/2024 RSN/TV ACCESS FEES $113.25
82747 04/10/2024 INDUSTRY PUBLIC UTILITIES $325.74
Invoice Date Description Amount
2024-00001724 04/01/2024 1/17-3/18/24 SVC-VALLEY & 7TH (IRRI) $325.74 82748 04/10/2024 L A COUNTY REGISTRAR-RECORDERI $75.00
Invoice Date Description Amount
4/2/2024 04/02/2024 FILING FEE-NOTICE OF EXEMPTION JN 9407 $75.00 82749 04/10/2024 PURCHASE POWER $201.00
Invoice Date Description Amount
3/18/2024 03/18/2024 POSTAGE REFILL ON 3/18/24 $201.00
82750 04/10/2024 ROWLAND WATER DISTRICT $1,375.50
Invoice Date Description Amount
2024-00001726 03/27/2024 2/6-3/5/24 SVC-AZUSA AVE $47.23 CITY OF INDUSTRY P. 4
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00001727 03/27/2024 216-3/5/24 SVC-AZUSA AVE-CENTER $119.84 2024-00001728 03/27/2024 2/6-3/5/24 SVC-930 AZUSA AVE $428.42 2024-00001729 03/27/2024 216-3/5/24 SVC-17401 E VALLEY BLVD $345.99 2024-00001730 03/27/2024 2/6-3/5/24 SVC-18044 ROWLAND ST $46.40 2024-00001731 03/2712024 2/6-3/5/24 SVC-HURLEY ST & VALLEY BLVD $387.62 82751 04/10/2024 SAN GABRIEL VALLEY WATER CO. $7,043.89 Invoice Date Description Amount
2024-00001725 03/25/2024 2/20-3/20/24 SVC-IRRIG SALT LAKE/SEVENTH $232.34 2024-00001736 03/25/2024 2/20-3/20/24 SVC-CROSSROADS PKY S $255.10 2024-00001737 03/25/2024 2/20-3/20/24 SVC-STA 103-80 CROSSROADS PKY S $145.74 2024-00001738 03/25/2024 2/20-3/20/24 SVC-CROSSROADS PKY S $3,701.15 2024-00001739 03/25/2024 2/20-3/20/24 SVC-CROSSROADS PKY N $737.64 2024-00001740 03/25/2024 2/20-3/20/24 SVC-STA 129-00 CROSSROADS PKY N $336.94 2024-00001741 03/25/2024 2/20-3/20/24 SVC-STA 111-50 CROSSROADS PKY N $273.20 2024-00001742 03/25/2024 2/20-3/20/24 SCV-PELLISSIER $236.89 2024-00001743 03/25/2024 2/20-3/20/24 SVC-PELLISSIER $150.30 2024-00001744 03/25/2024 2/20-3/20/24 SVC-PECK/UNION PACIFIC B $218.68 2024-00001745 03/25/2024 2/20-3/20/24 SVC-S/E COR OF PELLISSIER $614.72 2024-00001746 03/25/2024 2/20-3/20/24 SVC-PELLISSIER $141.19 82752 04/10/2024 SOCALGAS $1,139.06
Invoice Date Description Amount
2024-00001722 04/01/2024 2/28-3/28/24 SVC-1015 NOGALES ST ST 101 $22.16 2024-00001723 04/01/2024 2/28-3/28/24 SVC-710 NOGALES ST $14.30 2024-00001751 04/05/2024 3/5-4/3/24 SVC-15625 MAYOR DAVE WAY APT B $14.30 2024-00001752 04/05/2024 3/5-4/3/24 SVC-15625 MAYOR DAVE WAY APT A $24.54 CITY OF INDUSTRY P. 5
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2024-00001753 04/05/2024 3/5-4/3/24 SVC-15651 MAYOR DAVE WAY $451.88 2024-00001754 04/05/2024 3/5-4/3/24 SVC-15633 RAUSCH RD $611.88 82753 04/10/2024 SOUTHERN CALIFORNIA EDISON $58,601.40
Invoice Date Description Amount
2024-00001714 04/01/2024 3/1-3/31/24 SVC-600 S BREA CYN METROLINK STN $363.10 2024-00001715 04/01/2024 3/10-4/9/24 SVC-600 S BREA A-METROLINK $26.12 2024-00001716 04/01/2024 3/1-3/31/24 SVC-VARIOUS SITES $27,693.19 2024-00001717 04/01/2024 3/1-3/31/24 SVC-133 N AZUSA AVE $126.98 2024-00001718 04/01/2024 3/1-3/31/24 SVC-1 VALLEY AZUSA $28.56 2024-00001719 04/03/2024 3/4-4/2/24 SVC-15625 MAYOR DAVE WAY $6,813.25 2024-00001720 04/01/2024 3/1-3/31/24 SVC-VARIOUS SITES $217.91 2024-00001721 04/01/2024 3/1-3/31/24 SVC-NOGALES ST/SAN JOSE AVE $195.39 2024-00001747 04/06/2024 3/6-4/4/24 SVC-1123 HATCHER AVE STE-A $305.53 2024-00001748 04/01/2024 2/14-3/14/24 SVC-VARIOUS SITES $2,584.36 2024-00001749 04/01/2024 3/1-3/31/24 SVC-VARIOUS SITES $10,561.89 2024-00001750 04/01/2024 3/1-3/31/24 SVC-VARIOUS SITES $9,685.12 82754 04/10/2024 SUBURBAN WATER SYSTEMS $166.92
Invoice Date Description Amount
180032515995 04/03/2024 3/6-4/2/24 SVC-NE CNR VALLEY/STIMS $166.92 82755 04/10/2024 TPX COMMUNICATIONS $595.02
Invoice Date Description Amount
178351790-0 03/31/2024 TEL/INTERNET-HOMESTEAD $595.02
82756 04/10/2024 TPX COMMUNICATIONS $4,201.39
CITY OF INDUSTRY P. 6
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
178379716-0 03/31/2024 INTERNET SVC-CITY HALL/METRO SOLAR $4,201.39 82757 04/10/2024 VERIZON WIRELESS - LA $2,242.40
Invoice Date Description Amount
9960154291 03/26/2024 2/27-3/26/24 SVC-VARIOUS WIRELESS SVC $2,242.40 82758 04/17/2024 SOUTHERN CALIFORNIA EDISON $78.87
Invoice Date Description Amount
2024-00001760 04/09/2024 3/1-3/31/24 SVC-600 S BREA CYN-METROLINK $78.87 82759 04/17/2024 STATE WATER RESOURCES CONTROI $600.00
Invoice Date Description Amount
4/2/2024 04/02/2024 APPLICATION FEE-NELSON AVE @ PUENTE & SUNSET $600.00 82760 04/17/2024 T-MOBILE $124.00
Invoice Date Description Amount
983372277-21 04/10/2024 3/1-3/31/24 SVC-YAL GYM & TONNER CYN HOT SPOT $124.00 82761 04/17/2024 THREE VALLEYS MUNICIPAL WATER T $2,246.09 Invoice Date Description Amount
06505 03/31/2024 3/1-3/31/24 SVC-TONNER CYN $2,246.09
82762 04/17/2024 VERIZON BUSINESS $188.72
Invoice Date Description Amount
67557133 04/10/2024 3/1-3/31/24 SVC-VARIOUS SITES $46.94 67557134 04/10/2024 3/1-3/31/24 SVC-VARIOUS SITES $141.78 CITY OF INDUSTRY P. 7
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82763 04/25/2024 ANDRUES/PODBERESKY, APLC $14,889.20
Invoice Date Description Amount
03507 04/02/2024 LEGAL SVC-MAR 2024 $14,889.20
82764 04/25/2024 ANNEALTA GROUP $100,575.00
Invoice Date Description Amount
3173 04/12/2024 GENERAL DEV SVC-MAR 2024 $39,185.00
3174 04/12/2024 GENERAL PLANNING SVC-MAR 2024 $51,987.50 3175 04/12/2024 15940-16012 AMAR RD $2,150.00
3176 04/12/2024 16010 & 16020 PHOENIX $1,750.00
3177 04/12/2024 17969 RAILROAD ST $80.00
3178 04/12/2024 17585 COLIMA RD $337.50
3179 04/12/2024 18558 GALE AVE $202.50
3180 04/12/2024 18248 GALE AVE $1,230.00
3182 04/12/2024 184 S 6TH ST $560.00
3183 04/12/2024 20701 E CURRIER RD $67.50
3184 04/12/2024 17355 RAILROAD ST $1,120.00
3185 04/12/2024 17411 COLIMA RD $135.00
3186 04/12/2024 1325 FULLERTON RD $270.00
3187 04/12/2024 200 OLD RANCH RD $135.00
3188 04/12/2024 1015 AZUSA AVE $135.00
3189 04/12/2024 720 SEVENTH AVE $400.00
3190 04/12/2024 15051 DON JULIAN RD $830.00
82765 04/25/2024 ARCADIS $1,425.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 8
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
10018518 04/01/2024 DESIGN SVC FOR EW BICYCLE PATH $1,425.00 82766 04/25/2024 B2 PRINT, LLC $1,575.60
Invoice Date Description Amount
0012574 01/25/2024 BUSINÉSS CARDS-ASHLEY & YANET $141.40 0012513-A 12/20/2023 #9 ENVELOPES-SA $130.38
0012513 12/20/2023 #9 ENVELOPES-COI $1,303.82
82767 04/25/2024 BCN TELECOM, INC. $99.03
Invoice Date Description Amount
23723839 04/15/2024 PHONE LINE FOR ELEVATOR-CITY HALL $99.03 82768 04/25/2024 BLAKE AIR CONDITIONING COMPANY $688.33 Invoice Date Description Amount
65808 03/27/2024 REPAIR HVAC-CITY HALL $688.33
82769 04/25/2024 BRAVO SIGN & DESIGN INC $12,100.38
Invoice Date Description Amount
24001 01/22/2024 PRICELESS PETS SIGN $12,100.38
82770 04/25/2024 CARTEGRAPH SYSTEMS LLC $50,025.00
Invoice Date Description Amount
INV13019 03/26/2024 GEOGRAPHIC INFO SYSTEM SOFTWARE 3/22/24-3/21/2 $50,025.00 82771 04/25/2024 CASSO & SPARKS, LLP $220,283.55
Invoice Date Description Amount
20929 04/16/2024 COI-LEGAL FEES FOR MAR 2024 $220,191.55 CITY OF INDUSTRY P. 9
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
20929-A 04/16/2024 LEGAL FEES-804 S AZUSA AVE $92.00
82772 04/25/2024 CDW GOVERNMENT LLC $7,442.27
Invoice Date Description Amount
QK39646 03/27/2024 FORTINET ANNUAL RENEWAL $7,442.27
82773 04/25/2024 CHEM PRO LLC $1,083.20
Invoice Date Description Amount
IN145613 04/01/2024 WATER TREATMENT-VARIOUS SITES $1,083.20 82774 04/25/2024 CINTAS CORPORATION LOC 693 $1,109.88
Invoice Date Description Amount
4188799779 04/08/2024 DOOR MATS $83.62
4177195802 12/15/2023 DOOR MATS $320.96
4189539001 04/15/2024 DOOR MATS $111.77
5206873653 04/15/2024 PEDIATRIC DEFIBRILLATOR PADS $593.53 277 04/25/2024 CITY OF INDUSTRY-PAYROLL ACCT $175,000.00 Invoice Date Description Amount
PR P/E 4/12/24 04/16/2024 REPLENISH PAYROLL P/E 4/12/24 $175,000.00 82776 04/25/2024 CNC ENGINEERING $191,637.50
Invoice Date Description Amount
509947 04/11/2024 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $142.50 509948 04/11/2024 CITYWIDE ADA SELF-EVALUATION/TRANSITION PLAN $1,237.50 509949 04/11/2024 CITYWIDE SIGNAGE UPDATE $1,312.50
509950 04/11/2024 FULLERTON RD RECONSTRUCTION $10,770.00 CITY OF INDUSTRY P. 10
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
509951 04/11/2024 GALE AVE REALIGNMENT $1,580.00
509952 04/11/2024 WALNUT DR NORTH WIDENING $1,365.00
509953 04/11/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $1,935.00 509954 04/11/2024 PRELIMINARY DESIGN OF EW BICYCLE PATH $17,600.00 04/11/2024 GENERAL ENG SVC-TRAFFIC SIGNAL LIGHTS UPGRAD $822.50 04/11/2024 GENERAL ENG SVC-TRAFFIC $4,038.75
04/11/2024 GENERAL ENG SVC 3/25-4/7/24 $1,235.00
04/11/2024 GENERAL ENG SVC-COUNTER SERVICE $6,875.00
04/11/2024 GENERAL ENG SVC-PERMITS $21,126.25
04/11/2024 GENERAL ENG SVC-PLAN APPROVAL $22,957.50
04/11/2024 GENERAL ENG SVC 3/25-4/7/24 $79,358.75
04/11/2024 NDES STORM WATER $735.00
04/11/2024 TONNER CYN PROPERTY $956.25
04/11/2024 CHINO RANCH #1 DAM RENOVATION $690.00
04/11/2024 SALT LAKE AVE IMPROVEMENTS $3,810.00
04/11/2024 NELSON AVE RESURFACING $90.00
04/11/2024 CITY ADMINISTRATIVE OFFICES $833.75
04/11/2024 INDUSTRY BUSINESS COUNCIL CHAMBERS $290.00
04/11/2024 CITY COUNCIL CHAMBERS IMPROVEMENTS $122.50
04/11/2024 HOMESTEAD MUSEUM IMPROVEMENTS $1,425.00
04/11/2024 STIMSON AVE CROSSING $562.50
04/11/2024 SIGNING & STRIPING IMPROVEMENTS $2,520.00
04/11/2024 METROLINK-MAINT OF PARKING LOT $2,596.25
04/11/2024 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $3,610.00 509975 04/11/2024 EL ENCANTO IMPROVEMENTS AND MAINT $413.75 509976 04/11/2024 EL ENCANTO BOILER REPLACEMENT $120.00 510001 04/11/2024 HIGHWAY PERFORMANCE MONITORING SYSTEM $506.25 CITY OF INDUSTRY P. 11
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82777 04/25/2024 CNC ENGINEERING $148,155.00
Invoice Date Description Amount
509977 04/11/2024 INDUSTRY HILLS FUEL TANKS DISPENSING $967.50 509978 04/11/2024 605 FWY AND VALLEY BLVD INTERCHANGE $562.50 04/11/2024 HIGHWAY BRIDGE PROGRAM FUNDING $2,042.50
04/11/2024 NELSON AVE OVER PUENTE CREEK $337.50
04/11/2024 FISCAL YEAR BUDGET $14,923.75
04/11/2024 BIXBY DR PCC PAVEMENT $4,050.00
04/11/2024 FOLLOW'S CAMP PROJECT $122.50
04/11/2024 VARIOUS ASSIGNMENTS RELATED TO SA $892.50
04/11/2024 TURNBULL CYN PROPERTIES $181.25
04/11/2024 NELSON AVE INTERSECTION $39,510.00
04/11/2024 CARTEGRAPH MGMT $34,285.00
04/11/2024 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $900.00 04/11/2024 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $450.00 04/11/2024 GALE AVE RESURFACING $11,020.00
04/11/2024 2022-2023 ANNUAL PAVEMENT REHABILITATION $2,137.50 04/11/2024 DON JULIAN RD IMPROVEMENTS $1,807.50
04/11/2024 INTELLIGENT TRANSPORTATION SYSTEM $2,475.00
04/11/2024 CITYWIDE LICENSE PLATE CAMERA READER $955.00 04/11/2024 PHYLLIS TUCKER MEMORIAL $470.00
04/11/2024 CITYWIDE WAYFINDING DIRECTIONS SIGNAGE $3,817.50 04/11/2024 REMOTE MONITORING SYSTEM FOR STREET LIGHTS $2,070.00 04/11/2024 RAILROAD STREET PAVEMENT REHABILITATION $14,190.00 04/11/2024 9TH AVE PAVEMENT REHABILITATION $1,860.00
510000 04/11/2024 CALIFORNIA AVE WIDENING $5,985.00
CITY OF INDUSTRY P. 12
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
510002 04/11/2024 SR57/60 CONFLUENCE IMPROVEMENT $450.00 510003 04/11/2024 TURNBULL CYN RD GRADE SEPARATION $1,692.50 82778 04/25/2024 CORELOGIC INFORMATION SOLUTION $206.00 Invoice Date Description Amount
30712357 03/31/2024 PROPERTY DATA-MAR 2024 $206.00
82779 04/25/2024 DAPEER, ROSENBLIT, AND LITVAK, LL $2,927.38 Invoice Date Description Amount
22850 03/31/2024 SPECIALIZED LEGAL SVC-MAR 2024 $1,167.38 22849 03/31/2024 GENERAL CODE ENFORCEMENT-MAR 2024 $1,760.00 82780 04/25/2024 DESTINY SOFTWARE $5,200.00
Invoice Date Description Amount
5112 01/01/2024 AGENDA MGMT SOFTWARE 2/1/24-1/31/25 $5,200.00 82781 04/25/2024 EL ENCANTO HEALTHCARE $900,000.00
Invoice Date Description Amount
4/10/2024 04/10/2024 FINANCIAL ASSISTANCE FY 23/24-EL ENCANTO $900,000.00 82782 04/25/2024 ELECTRA-MEDIA, INC $2,034.25
Invoice Date Description Amount
16297 04/06/2024 MAINT OF PUENTE HILLS AUTO DISPLAY-MAY 2024 $1,545.00 16298 04/06/2024 PROGRAM PUENTE HILLS AUTO DISPLAY-MAY 2024 $489.25 82783 04/25/2024 ENTERPRISE MAPS LLC $8,476.50
Invoice Date Description Amount
CITY OF INDUSTRY P. 13
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
187 04/03/2024 AMAZON WEB SERVICES $6,376.50
186 03/28/2024 AMAZON WEB SERVICES $2,100.00
-
82784 04/25/2024 FRAZER, LLP $26,793.00
Invoice Date Description Amount
187867 03/31/2024 COI-PROF SVC FOR MAR 2024 $26,793.00
82785 04/25/2024 GARCIA'S FENCE CORP $565.00
Invoice Date Description Amount
032407 03/12/2024 REPAIR FENCE-AZUSA & RAILROAD $565.00 82786 04/25/2024 GMS ELEVATOR SERVICES, INC $155.15
Invoice Date Description Amount
119553 04/01/2024 ELEVATOR MAINT-CITY HALL $155.15
82787 04/25/2024 GRAND CENTRAL RECYCLING & TRAN $519.65 Invoice Date Description Amount
750335 03/04/2024 SOLID WASTE-CITY HALL $519.65
82788 04/25/2024 GRANITE TELECOMMUNICATIONS, LE $291.02 Invoice Date Description Amount
642909018 04/01/2024 PHONE SVC FOR FIRE ALARMS-HOMESTEAD $291.02 82789 04/25/2024 HAZZARD BACKFLOW INC. $1,600.00
Invoice Date Description Amount
37772 04/09/2024 INSTALL VALVES FOR BACKFLOW-EL ENCANTO $1,600.00 CITY OF INDUSTRY P. 14
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82790 04/25/2024 HENRY AGUILAR $255.00
Invoice Date Description Amount
8 04/11/2024 ADMIN HEARING OFFICER-CITATION APPEALS $255.00 82791 04/25/2024 HISTORICAL RESOURCES, INC. $52,805.46
Invoice Date Description Amount
CO12024-09.1 04/11/2024 EXPENSE REIMBURSEMENT $839.96
CO12024-09 04/11/2024 ADMIN & MGMT SVC-HOMESTEAD $51,965.50 82792 04/25/2024 INDUSTRY SECURITY SERVICES $67,127.14
Invoice Date Description Amount
1119 03/29/2024 SECURITY SVC-VARIOUS CITY SITES $22,002.24 1120 03/29/2024 SECURITY SVC 3122-3128/24 $10,453.20
1138 04/05/2024 SECURITY SVC-VARIOUS CITY SITES $23,645.70 1139 04/05/2024 SECURITY SVC 3129-4/4/24 $11,026.00
82793 04/25/2024 INDUSTRY SHERIFF'S YOUTH ACTIVITI $100,000.00 Invoice Date Description Amount
3/28/2024 03/28/2024 SPONSORSHIP-YAL 31ST ANNUAL GOLF CLASSIC $100,000.00 82794 04/25/2024 INTERIOR IMAGES, INC. $2,757.15
Invoice Date Description Amount
3397 04/09/2024 INTERIOR DESIGN-EL ENCANTO FACILITY $1,517.10 3394 04/09/2024 INTERIOR DESIGN-CITY HALL GYM RESTROOM $1,240.05 82795 04/25/2024 IRRI-CARE PLUMBING & BACKFLOW T $275.00 Invoice Date Description Amount
CITY OF INDUSTRY P. 15
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
16117 03/27/2024 BACKFLOW TEST-CITY HALL $220.00
16147 04/08/2024 BACKFLOW TEST-AZUSA AVE $55.00
82796 04/25/2024 ISN GLOBAL ENTERPRISES, INC. $2,380.00 Invoice Date Description Amount
24-683119 03/19/2024 REPAIR CAMERAS-TONNER CYN $1,190.00 24-683118 03/19/2024 REPAIR CAMERAS-METROLINK $1,190.00 82797 04/25/2024 JANUS PEST MANAGEMENT $2,362.00
Invoice Date Description Amount
270471 04/05/2024 PEST SVC-HOMESTEAD $600.00
269940 04/05/2024 PEST SVC-CITY HALL $145.00
269941 04/05/2024 PEST SVC-IBC $145.00
269942 04/05/2024 PEST SVC-YAL/POST OFFICE $85.00
269931 04/05/2024 PEST SVC-TONNER CYN $441.00
269998 04/05/2024 RODENT SVC-HELIPAD PARKING LOT $486.00 270000 04/05/2024 RODENT SVC-HELIPAD $300.00
270234 04/05/2024 MOSQUITO TRAP-EL ENCANTO $75.00
270198 04/05/2024 PEST SVG-205 N HUDSON AVE $85.00
82798 04/25/2024 KEENAN AND ASSOCIATES $7,777.00
Invoice Date Description Amount
303083 04/09/2024 P&L CLAIMS ADMIN FEE (JAN-MAR 2024) $7,777.00 82799 04/25/2024 KLINE'S PLUMBING, INC. $3,175.00
Invoice Date Description Amount
13358 03/18/2024 REPAIR DRAIN IN KITCHEN-CITY HALL $375.00 CITY OF INDUSTRY P. 16
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
13394 04/02/2024 BACKFLOW INSTALL-AZUSA AVE & RAILROAD ST $2,800.00 82800 04/25/2024 L A COUNTY DEPT OF PUBLIC WORKS $7,368.58 Invoice Date Description Amount
IN240000704 03/28/2024 ACCIDENT-COINER CT @ GALE AVE $2,729.06 IN240000703 03/28/2024 ACCIDENT-CALIFORNIA AVE @ NELSON AVE $1,555.85 IN240000696 03/28/2024 ACCIDENT-BIXBY DR @ GALE AVE $3,083.67 82801 t20z/52/0 L A COUNTY SHERIFF'S DEPARTMENT $77,218.84 Invoice Date Description Amount
- 03/27/2024 SPECIAL EVENT-DIRECTED PATROL (FEB 2024) $77,218.84 82802 04/25/2024 LCR EARTHWORK & ENGINEERING, C $604,675.00 Invoice Date Description Amount
#5CITY-1491 04/01/2024 FULLERTON RD RECONSTRUCTION $636,500.00 82803 04/25/2024 LEIGHTON CONSULTING INC $855.00
Invoice Date Description Amount
61859 03/25/2024 GEO SVC-ANNUAL PAVEMENT REHAB FY 22 $855.00 82804 04/25/2024 LOCKS PLUS, INC. $400.45
Invoice Date Description Amount
25613 03/2712024 REMOVE & REPLACE DEADBOLT-HOMESTEAD $400.45 82805 04/25/2024 MICHAEL GREUBEL $323.73
Invoice Date Description Amount
4/10/2024 04/10/2024 REIMBURSE FOR TRAVEL EXPENSE-WASHINGTON DC $323.73 CITY OF INDUSTRY P. 17
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82806 04/25/2024 MUNI-ENVIRONMENTAL, LLC $29,092.09
Invoice Date Description Amount
24-015 04/03/2024 COMMERCIAL WASTE PROGRAM $29,092.09
82807 04/25/2024 MX GRAPHICS, INC. $466.74
Invoice Date Description Amount
30751 03/20/2024 BLUEPRINT SVC-MP 06 18 11 $466.74
82808 04/25/2024 NEXTIVA, INC. $1,870.16
Invoice Date Description Amount
40002598285 03/27/2024 CITY HALL PHONE SVC $1,870.16
82809 04/25/2024 PARS $639.88
Invoice Date Description Amount
55425 04/09/2024 REP FEES-FEB 2024 $339.88
55278 04/04/2024 ARS FEES-MAR 2024 $300.00
82810 04/25/2024 POST ALARM SYSTEMS $351.55
Invoice Date Description Amount
1682627 04/04/2024 MONITORING SVC-HOMESTEAD $351.55
82811 04/25/2024 PRICE, POSTEL & PARMA, LLP $650.00
Invoice Date Description Amount
212173 04/10/2024 LEGAL SVC-MAR 2024 $650.00
82812 04/25/2024 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 CITY OF INDUSTRY P. 18
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
061 04/10/2024 FEDERAL ADVOCACY-MAR 2024 $5,000.00
82813 04/25/2024 PUENTE BASIN WATER AGENCY $60,505.66
Invoice Date Description Amount
1566 03/31/2024 GROUNDWATER MGMT PLAN PHASE 1 (SEP 2022-DEC $60,505.66 82814 04/25/2024 PUENTE HILLS FORD $3,110.68
Invoice Date Description Amount
316924 03/27/2024 VEHICLE MAINT-2012 CHEVROLET TRAVERSE $171.31 317270 04/05/2024 VEHICLE MAINT-2012 CHEVROLET TRAVERSE $2,642.56 317551 04/11/2024 VEHICLE MAINT-LIC 1580082 (2020 FORD EXPLORER) $296.81 82815 04/25/2024 RICOH USA, INC. $319.95
Invoice Date Description Amount
82334417 04/06/2024 COPIER LEASE-HOMESTEAD $319.95
82816 04/25/2024 ROGERS, ANDERSON, MALODY & SCC $16,195.00 Invoice Date Description Amount
74721 03/31/2024 SA-AUDIT SERVICES FY 22/23 $3,160.00
74478 03/31/2024 COI-AUDIT SERVICES FY 22/23 $11,445.00 74723 03/31/2024 PFA-AUDIT SERVICES FY 22123 $1,590.00
82817 04/25/2024 ROWLAND WATER DISTRICT $115.72
Invoice Date Description Amount
1-02292024-C 02/29/2024 NOGALES DEWATERING BOOSTER STN $115.72 CITY OF INDUSTRY P. 19
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82818 04/25/2024 SAGE ENVIRONMENTAL GROUP $39,000.00
Invoice Date Description Amount
2245 01/04/2024 GRAZING SVC-TONNER CYN $19,500.00
2288 04/10/2024 GRAZING SVC-TONNER CYN $19,500.00
82819 04/25/2024 SAN GABRIEL VALLEY NEWSPAPER G $3,095.48 Invoice Date Description Amount
0011652297 03/01/2024 ACCT #5007735-NOTICE OF PUBLIC HEARING-JN 9400 $961.89 0011655478 03/15/2024 ACCT #5007735-NOTICE OF PUBLIC HEARING-JN 9400 $762.12 0011658557 03/29/2024 ACCT #5007735-NOTICE OF PUBLIC HEARING-JN 9400 $866.76 00116858555 03/29/2024 ACCT #5007735-NOTICE OF PUBLIC HEARING-JN 9407 $504.71 82820 04/25/2024 SCS FIELD SERVICES $26,496.50
Invoice Date Description Amount
0497875 03/31/2024 INDUSTRY HILLS-LANDFILL GAS SYSTEM $26,496.50 82821 04/25/2024 SHERIFF'S YOUTH FOUNDATION OF LI $1,000.00 Invoice Date Description Amount
115 03/29/2024 SHERIFF SERIES SKATEBOARD DONATION $1,000.00 82822 04/25/2024 SO CAL INDUSTRIES $195.89
Invoice Date Description Amount
682266 03/27/2024 WC ACCESS RENTAL-TONNER CYN/57 FWY $195.89 82823 04/25/2024 STATE COMPENSATION INSURANCE F $1,766.91 Invoice Date Description Amount
1001649767 04/01/2024 WORKERS COMP PREMIUM FOR APRIL 2024 $1,766.91 CITY OF INDUSTRY P. 20
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82824 04/25/2024 SUPERIOR COURT OF CA-LA COUNTY. $5,856.50 Invoice Date Description Amount
MARCH 2024 04/04/2024 PARKING CITATIONS REPORT-MAR 2024 $5,856.50 82825 04/25/2024 THE BIG NORWEGIAN $4,988.55
Invoice Date. Description Amount
57438 11/29/2023 REPAIR 2005 CAT 953C TRACK LOADER-TONNER CYN $4,988.55 82826 04/25/2024 THE LEARNING CENTER AT FAIRPLEX $5,000.00 Invoice Date Description Amount
3/28/2024 03/28/2024 DONATION FOR THE FAIRPLEX GARDEN RAILROAD $5,000.00 82827 04/25/2024 TRIMARK ASSOCIATES, INC. $30,546.50
Invoice Date Description Amount
INV2024-00372 03/29/2024 FULL COST SERVICE AGRM-METRO SOLAR $30,546.50 82828 04/25/2024 UNITED PARCEL SERVICES, INC $665.55
Invoice Date Description Amount
0000V435E4144 04/06/2024 MESSENGER SVC $456.71
0000V435E4154 04/13/2024 MESSENGER SVC $208.84
82829 04/25/2024 VALLEY VISTA SERVICES, INC $19,260.28
Invoice Date Description Amount
753165 03/07/2024 DISP SVC-1123 HATCHER AVE $4,831.99
752942 03/31/2024 DISP SVC-CITY HALL $544.31
753166 03/31/2024 DISP SVC-15660 MAYOR DAVE WAY (YAL) $151.78 CITY OF INDUSTRY P. 21
WELLS FARGO BANK
April 25, 2024
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
837306 04/01/2024 DISP SVC-CITY BUS STOPS $4,796.49
838070 04/01/2024 DISP SVC-1123 HATCHER AVE $297.36
838067 04/01/2024 DISP SVC-TONNER CYN (CAMP COURAGE) $442.24 838068 04/01/2024 DISP SVC-TONNER CYN (MAINT YD) $1,124.46 837137 04/01/2024 DISP SVC-205 N HUDSON AVE $252.51
836936 04/01/2024 DISP SVC-CITY RESIDENTS $5,256.94
881092 04/01/2024 DISP SVC-FOLLOW'S CAMP $1,562.20
82830 04/25/2024 WEST COAST ARBORISTS, INC. 5155,828.25 Invoice Date Description Amount
212460 03/15/2024 TREE MAINT FY 23/24 $114,627.80
212946 03/31/2024 TREE MAINT FY 23/24 $41,200.45
Checks Status Count Transaction Amount
Total 87 $3,296,285.08
CITY COUNCIL
ITEM NO. 6.2
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: April 25, 2024
SUBJECT: Second Reading and Adoption of an Ordinance Amending Title 17 (Zoning) of the City of Industry Municipal Code to Amend Chapter 17.08 (Definitions), Chapter
17.18 (Institutional Zone), Chapter 17.22 (Housing Overlay Zone), and Chapter
17.26 (Recreation and Open Space Zone), to Implement the City's 2021-2029 Housing Element, and Adopting a Notice of Exemption Regarding Same, and Making Findings In Support Thereof
BACKGROUND
On April 11, 2024, the City Council conducted a public hearing and the first reading and introduction of Ordinance No. 830, to amend Chapter 17.08 (Definitions), Chapter 17.18 (Institutional Zone), Chapter 17.22 (Housing Overlay Zone), and Chapter 17.26 (Recreation and Open Space Zone) of Title 17 (Zoning) to the City's Code. The revisions to the Code will implement the City's 2021-2029 Housing Element. This ordinance is now being presented for second reading and adoption.
FISCAL IMPACT
There is no fiscal impact associated with this agenda report.
RECOMMENDATION
Staff recommends the City Council conduct second reading, by title only, and adopt Ordinance No. 830, 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), CHAPTER 17.18 (INSTITUTIONAL ZONE), CHAPTER 17.22 (HOUSING OVERLAY ZONE), AND CHAPTER 17.26 (RECREATION AND OPEN SPACE ZONE), TO IMPLEMENT THE CITY'S 2021-2029 HOUSING ELEMENT, AND
ADOPTING A NOTICE OF EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN SUPPORT THEREOF.
Attachments
A. Ordinance No. 830
ORDINANCE NO. 830
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), CHAPTER 17.18 (INSTITUTIONAL ZONE), CHAPTER
17.22 (HOUSING OVERLAY ZONE), AND CHAPTER 17.26
(RECREATION AND OPEN SPACE ZONE), TO IMPLEMENT THE CITY'S 2021-2029 HOUSING ELEMENT, AND ADOPTING A NOTICE OF
EXEMPTION REGARDING SAME, AND MAKING FINDINGS IN
SUPPORT THEREOF
RECITALS
WHEREAS, State housing laws, including the Employee Housing Act (California Health and Safety Code Section 17000 et seq.), low barrier navigation center (California Government Code Section 65660 et seq.), supportive housing (California Government Code Section 65650 et seq.), manufactured housing and mobile homes (California Government Code Section 65852.3), impose an affirmative duty on local governments to allow use by right in their land use and zoning regulations and practices when necessary; and
WHEREAS, the California Department of Housing and Community Development ("HCD") encourages cities to amend their municipal codes with respect to zoning regulations in light of aforementioned laws and a city's affirmative duty to comply with various state housing laws; and
WHEREAS, Program 2 of the 2021-2029 Housing Element commits the City to define and permit employee housing serving six or fewer residents as a by-right use in accordance with Health and Safety Code §§ 17021.5 and 17021.6 in the Recreation and Open Space Zone ("ROS") and Housing Overlay Zone ("HOZ"); define and permit manufactured and mobile homes and single-room occupancy as by-right uses in accordance with the Government Code § 65852.3 and § 65583(c)(2) in the HOZ; permit accessory dwelling units by-right on any lot that allows single- or multifamily housing per Government Code § 65852.2(a) in the ROS Zone and HOZ; and define and permit low- barrier navigation centers and supportive housing as by-right uses in zones allowing multifamily and mixed uses in accordance with the Government Codes § 65650 et seq. and § 65660 et seq. Additionally, Program 10 of the 2021-2029 Housing Element commits the City to amend the Code to permit emergency homeless shelter parking, supportive housing, and low barrier navigation centers in accordance with State law; and WHEREAS, the City intends to comply with State laws and the adopted Housing Element by amending its Code to define and permit employee housing, manufactured housing, mobile homes, and single room occupancy housing, low-barrier navigation centers, and supportive housing; permit accessory dwelling units and junior dwelling units; and update emergency homeless shelter regulations in accordance with State law; and
WHEREAS, the proposed ordinance is consistent with the goals and objectives of the City's General Plan because Program 2 (Zoning Code Amendments) and Program 10 (Homeless Services) of the 2021-2029 Housing Element commit the City to define and permit employee housing, manufactured housing, mobile homes, and single room occupancy housing, low-barrier navigation centers, and supportive housing; permit accessory dwelling units and junior accessory dwelling units; and update emergency homeless shelter regulations in accordance with State law; 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. 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; and
WHEREAS, on March 16, 2024, notice of the Planning Commission's March 26, 2024 public hearing on the amendment was published in the San Gabriel Valley Tribune, and was posted City Hall, City's Council Chambers, Fire Station 118, affected properties, and on the City's website; was also mailed to the property owners of the affected properties; and was also mailed to service providers whose ability to provide facilities and services may be significantly affected; and
WHEREAS, on March 26, 2024, the Planning Commission of the City of Industry conducted a duly noticed public hearing on Zoning Code Amendment No. ZA 24-02, and considered all testimony written and oral, and adopted Resolution No. PC 2024-07, recommending the City Council adopt the Ordinance; and
WHEREAS, on March 30, 2024, notice of the City Council's April 11, 2024, public hearing on Ordinance No. 830 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 28, 2024, notice of the City Council's April 11, 2024, public hearing on Ordinance No. 830 was posted at City Hall, the City's Council Chambers, Fire Station 118, affected properties, and on the City's website; and was also mailed to the property owners of the affected properties; and was also mailed to service providers whose ability to provide facilities and services may be significantly affected; and WHEREAS, on April 11, 2024, the City Council of the City of Industry conducted a duly noticed public hearing on Ordinance No. 830, 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 April 11, 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.
Based upon substantial evidence presented to the City Council during the April 11, 2024 public hearing, including public testimony and written and oral staff reports, and which includes without limitation, CEQA, the CEQA Guidelines, and any documents provided by the public to the City Council at the April 11, 2024public hearing, the City Council finds as follows:
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 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 or intensity 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 April 11, 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 April 11, 2024public 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 employee housing serving 6 or fewer residents as a by-right use in accordance with Health and Safety Code §§17021.5 and 17021.6 in the ROS Zone and HOZ", "Idlefine and permit manufactured/mobile homes and single-room occupancy as by-right uses in accordance with the Government Code § 65852.3 and § 65583(c)(2) in the HOZ", "permit accessory dwelling units by-right on any lot that allows single- or multifamily housing in accordance with Gov't Code § 65852.2(a) in the ROS and HOZ", and "Idlefine & permit low-barrier navigation centers and supportive housing as by-right uses in zones allowing multifamily and mixed uses (Gov't Codes 65650 and § 65660 et seq.)". Additionally, Program 10 of the 2021-2029 Housing Element commits the City to "lalmend the City's] Municipal Code for emergency shelter parking, supportive housing, and low barrier navigation centers in accordance with state law." The purpose of the proposed Zoning Code Amendment No. 24-02 is to define and permit employee housing serving six or few residents, manufactured housing, mobile homes, and single room occupancy housing, low-barrier navigation centers, and supportive housing; permit accessory dwelling units and junior dwelling units; and update emergency homeless shelter regulations in the City's Code, thereby implementing five specific objectives of the City's General Plan.
b. The adoption of the ordinance is consistent with the City's Zoning Code because the purpose of adopting the ordinance is to comply with State laws.
Additionally, pursuant to Section 17.22.010 of the City's Code, "the intent and purpose of the Housing Overlay Zone (hereinafter "HOZ") [is] to facilitate housing development consistent with the City's adopted housing element and ensure that housing will be compatible with surrounding land uses", the proposed regulations will implement Programs 2 and 10 of the adopted housing element. The proposed ordinance facilitates employee housing serving six or fewer residents, permits manufactured housing, mobile homes, single-room occupancy housing, accessory dwelling units, low-barrier navigation centers, and supportive housing, and updates emergency homeless shelter regulations in accordance 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, as it is a simple text amendment, and does not propose any specific development project.
SECTION 4. Municipal Code Amendment.
Section 17.08.083 (Emergency homeless shelter), Section 17.08.084 (Employee housing), Section 17.08.096 (Low-barrier navigation center), Section 17.08.097 (Manufactured housing), Section 17.08.099 (Mobile home), and Section 17.08.141 (Single Room Occupancy Unit) 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:
17.08.083 Emergency homeless shelter.
"Emergency homeless shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. For purposes of this Chapter, "Emergency shelter" shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
17.08.084 Employee housing.
"Employee housing" means housing provided for six or fewer employees and meets the requirements of Health and Safety Code Section 17008.
17.08.096 Low-barrier navigation center.
"Low-barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living tacilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
17.08.097 Manufactured housing.
"Manufactured housing" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or 1, 2000 more square feet, is built on a permanent chassis and designed to be used as a single- family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
17.08.099 Mobile home.
"Mobile home" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobilehome" includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. "Mobilehome" does not include a commercial modular, as defined in state of California Health and Safety Code Section 18001.8, factory-built housing, as defined in state of California Health and Safety Code Section 19971, a manufactured home, as defined in state of California Health and Safety Code Section 18007, a multifamily manufactured home, as defined in state of California Health and Safety Code Section 18008.7, or a recreational vehicle, as defined in state of California Health and Safety Code Section 18010.
17.08.141 Single Room Occupancy Housing.
"Single Room Occupancy Housing" means an efficiency unit with a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred (400) square feet located in a residential hotel, as that term is defined in accordance with California Health and Safety Code Section 50519, that is offered for occupancy by tenants for at least thirty consecutive days.
SECTION 5. Municipal Code Amendment.
Section 17.08.152 (Supportive housing) of Chapter 17.08 (Definitions), of Title 17 (Zoning) of the City of Industry Municipal Code, is hereby amended to read in its entirety as follows:
17.08.152 Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. The "target population" is as defined in Government Code Section 65582(i).
SECTION 6. Municipal Code Amendment.
Section 17.18.050 (Emergency homeless shelters) of Chapter 17.18 (Institutional Zone), of Title 17 (Zoning) of the City of Industry Municipal Code, is hereby amended to read in its entirety as follows:
17.18.050 Emergency homeless shelters.
In addition to the development standards noted in Section 17.18.040, emergency homeless shelters must comply with the following standards:
A. No person may reside at an emergency homeless shelter for a period longer than six months in a three hundred sixty-five-day period.
B. The facility may not contain more than five beds or serve more than five homeless persons at any one time.
C. A management and security plan must be submitted to the planning director for review and approval along with the application.
D. The following must be provided in each emergency homeless shelter:
1. Adequate external lighting for security purposes. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and positioned to maximize security at entries, parking areas, and common areas.
2. On-site client intake and waiting area in a location not adjacent to the public right- of-way, fully screened from public view, and a minimum area of five square feet per bed.
3. On-site parking must be provided at the ratio of one space per staff member, plus one space for every six beds.
SECTION 7. Municipal Code Amendment.
Subsection 17.22.030.B (Permitted uses) of Chapter 17.22 (Housing Overlay Zone) of Title 17 (Zoning) of the City of Industry Municipal Code, is hereby amended to read in its entirety as tollows:
B. The following uses are permitted by right:
Accessory dwelling units and junior accessory dwelling units;
2. Employee housing;
3. Licensed residential care facilities serving seven or more clients;
4. Low-barrier navigation centers that meets the requirements of Government Code Sections 65660 et seq.
5. Supportive housing that meets the requirements of Government Code Section 65650 et seq.;
6. Manufactured housing that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.) and is on a foundation system, pursuant to Health and Safety Code Section 18551;
7. Mobile homes;
8. Multi-family dwellings;
9. Single-family dwellings;
10. Single-room occupancy housing that includes multiple single room dwelling units, where each unit is for occupancy by one individual and contains food preparation or sanitary facilities, or both;
11. Transitional housing.
SECTION 8. Municipal Code Amendment.
Subsection 17.22.040 (Application) of Chapter 17.22 (Housing Overlay Zone) of Title 17 (Zoning) of the City of Industry Municipal Code, is hereby amended to read in its entirety as follows:
A. Procedure. A proposed development or improvement for occupancy by any of the uses listed in Section 17.22.030(B) shall be subject to an administrative design review process unless otherwise exempt. A proposed development or improvement that complies with the requirements of this chapter is permitted by right and shall be approved by the planning director, or their authorized designee.
B. Form of Application. An application for a proposed development or improvement shall be completed on a form provided by the planning department.
C. Review Procedures. Additional application review procedure requirements for specified development types are as follows:
1. Accessory dwelling units and junior accessory dwelling units shall be reviewed consistent with the provisions in Section 17.80.020.
2. Low-barrier navigation centers shall be reviewed consistent with Government Code Section 65664.
3. Supportive housing shall be reviewed consistent with Government Code Section 65653(b).
SECTION 9. Municipal Code Amendment.
Subsections 17.26.020.F and 17.26.020.G (Uses permitted) are hereby added to Chapter
17.26 (Recreation and Open Space Zone), of Title 17 (Zoning) of the City of Industry Municipal Code, to read in their entirety as follows:
Employee housing is permitted by-right, only in conjunction with conversion of an existing housing unit, as set forth in Section 17.26.020.E.
G. Accessory dwelling units are permitted by-right.
SECTION 10. 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 11. 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 12. 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 13. 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 April 25, 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
ITEM NO. 6.3
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: April 25, 2024
SUBJECT: Consideration of a License Agreement with Chevron Environmental Management Company to Install and Maintain a Groundwater Monitoring Well within Certain Rights of Way within the City of Industry
BACKGROUND
In connection with a former gasoline service station located at 841 South Seventh Avenue in the City, the Los Angeles County Regional Water Quality Control Board ("LARWQCB") is requiring Chevron Environmental Management Company ("CEMC") to construct and maintain certain groundwater monitoring wells, including one in the public right of way, at the locations set forth in Exhibit A of the License Agreement ("Agreement").
DISCUSSION
The City requires CEMC to execute this Agreement in connection with the proposed monitoring well to be installed within the public right of way at 841 South Seventh Avenue. The installation of ground water monitoring well is proposed to be in the sidewalk, as depicted in Exhibit A of the Agreement.
The groundwater monitoring wells constructed under the provisions of this Agreement, must be installed, maintained, and inspected by CEMC in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City Council, State, or Federal authorities.
FISCAL IMPACT
CEMC must, within thirty (30) days of the Effective Date of this Agreement, but not later than the date of commencement of work, file with the City, and maintain in full force and effect, a bond in favor of the City in the sum of Five Thousand Dollars ($5,000.00), conditioned that CEMC will well and truly observe, fulfill, and perform each and every term and condition of this Agreement, and in case of a breach of condition of said Agreement, at the discretion of the City Council, the whole amount of the penal sum will be available to the City in addition to any damages recoverable by the City.
RECOMMENDATION
Staff recommends the City Council approve a License Agreement with Chevron Environmental Management Company.
Attachments
A. License Agreement with Chevron Environmental Management Company dated April 25, 2024
ATTACHMENT A
LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF INDUSTRY AND CHEVRON
ENVIRONMENTAL MANAGEMENT COMPANY TO INSTALL AND MAINTAIN A
GROUNDWATER MONITORING WELL WITHIN CERTAIN RIGHTS OF WAY WITHIN THE CITY OF INDUSTRY.
THIS LICENSE AGREEMENT ("Agreement"), dated -, 2024, ("Effective Date") is entered into by and between the City of Industry, a public body, corporate and politic ("Licensor/City"), and CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (CEMC), a California corporation ("Licensee") (Licensor and Licensee are individually referred to as "Party" and collectively referred to as the "Parties").
RECITALS
WHEREAS, CEMC is responding to directives from the Los Angeles County Regional Water Quality Control Board (LARWQCB) in connection with a former gasoline service station located at 841 South Seventh Avenue in the City of Industry, Los Angeles County, California and CEMC's work plan, in response to LARWQCB directives for further groundwater investigation is set forth in Exhibit A attached hereto and incorporated herein by reference.
WHEREAS, LARWQCB requires that CEMC to construct and maintain certain groundwater monitoring wells, including one in the public right of way, at the locations set forth in the attached Exhibit A.
WHEREAS, the City requires Licensee to execute this Agreement in connection with proposed monitoring well MW-13, to be installed within the public right of way at 841 South Seventh Avenue, within the City of Industry ("Property"). Installation of MW-13 is proposed in the sidewalk, as depicted in Exhibit A.
WHEREAS, the City represents that it is the owner of the Property.
WHEREAS, Licensee acknowledges that Licensee is entering onto the Property at its sole risk and expense.
WHEREAS, City desires to grant such access and other rights to facilitate and permit the performance of the work to install MW-13 while protecting the interests of City and its rights of way.
NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
SECTION 1:
A. Licensor represents and warrants that it owns the Property.
B. Licensor hereby grants to Licensee a non-exclusive license, as of the Effective Date
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of the Agreement, to enter upon the Property to construct or install from time to time and, to sample, maintain, operate, repair, renew, change the size of, remove or abandon in place, the groundwater monitoring well described as MW-13 in Exhibit A (collectively, the "Work"), as required by the LARWQCB. Licensee acknowledges and agrees that it is entering onto the Property at its sole risk and expense.
SECTION 2:
Licensee shall:
Comply, with all requirements and provisions of the Industry Municipal Code, and all applicable federal, state and local laws, rules and ordinances. This Agreement is made subject to all such requirements and provisions.
B. As a condition precedent to commencement of the Work, if required, Licensee shall obtain at its sole cost and expense all governmental permits and authorizations of whatever nature required, if any by any and all governmental authorities having jurisdiction over the Property for Licensee's Work.
C. Submit construction plans to City's City Engineer/Engineering Manager with respect to the implementation of the Work, for review and approval and to determine compliance with design and construction standards, including, but not limited to, plan check and construction inspections.
Participate in the Underground Service Alert Program for the protection of the City's facilities.
SECTION 3: LOCATION OF GROUNDWATER MONITORING WELLS.
A. So far as is practicable, any groundwater monitoring wells and related appurtenances shall be installed along the edge or shoulder of the streets so as not to unreasonably disturb the flow of traffic, and where possible shall be installed in the unpaved portion of the streets described in this Agreement.
B. If the groundwater monitoring wells and other appurtenances are installed across or along the paved portion of a street, the repair of the street, after the well is installed, shall, to the extent reasonably possible, be made by the Licensee within five (5) days of the installation of the well, at the expense of the Licensee in accordance with the street excavation standards of the City.
SECTION 4: CONSTRUCTION OF GROUNDWATER MONITORING WELLS.
A. Terms of Construction. The groundwater monitoring wells installed under the provisions of this Agreement shall be installed, maintained, and inspected by the Licensee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City Council, State, or Federal authorities.
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B. Restoration of Streets. The work of installing, constructing, maintaining, operating, renewing, repairing, changing and moving any of wells contemplated by this Agreement and all other work in exercise of this License shall be conducted with the least reasonably possible hindrance or interference to the use of City roads by the public or by the City, and Licensee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, State or Federal regulations. All excavations shall be back filled and adequately compacted per City standard. The surface of City roads shall be restored to as good a condition as existed at prior to the performance of the Work.
SECTION 5: COMMENCEMENT OF CONSTRUCTION.
The Licensee shall not commence the construction of the groundwater monitoring wells or other appurtenances under the provision of this Agreement or add to such existing system until it first shall have obtained approval from the City Engineer for a plan prepared by Licensee. The Licensee shall show the following facts: the approximate depth and proposed location of proposed well, and such other facts as the City Engineer may require.
SECTION 6: REPAIRS.
Licensee shall pay to City on demand the cost of all repairs to City property made necessary by any of the operations of Licensee under the Agreement, provided however that Licensee may make repairs to streets, sidewalks, curbs and gutters itself at its own cost in accordance with City specifications, if the same can be done without undue inconvenience to the public use of the streets.
SECTION 7: REARRANGEMENT OF FACILITIES.
A. Expense of Licensee. If any of the Licensee's facilities, in the discretion of the City, shall endanger the public in the use of the public streets or interfere with or obstruct the use of any street by the public or for public purpose, the City shall have the right to require the Licensee, and the Licensee shall move, alter or relocate the same (hereinafter called "rearrangement") to avoid such danger interference or obstruction, in conformity with the written notice of the City Engineer, at the Licensee's sole expense.
B. Rearrangement of the Facilities of Others. Nothing in this Agreement shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of the Licensee.
SECTION 8: REMOVAL OR ABANDONMENT OF FACILITIES.
At the time of expiration, revocation or termination of this Agreement, or the permanent discontinuance of the use of its groundwater monitoring wells, the Licensee shall, within thirty (30) days thereafter, make a written application to the City Engineer to either: (1) abandon all, or a portion, of such facilities in place, or (2) remove all, or a portion, of such facilities as the City Engineer, in his discretion, shall considered to be appropriate. Such application shall describe the facilities desired to be abandoned by reference to the map or maps required by this Agreement and shall also describe with reasonable accuracy the relative physical condition of such facilities.
Thereupon, the City Engineer shall determine whether any abandonment or removal which is
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thereby proposed may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall then notify the Licensee, according to such requirements as shall be specified in the City Engineer's order, and within ninety (90) days thereafter, to either:
a) Remove all or a portion of such facilities, or
b) Abandon in place all or a portion of such facilities.
If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, then the City Engineer may make additional appropriate orders, including, if he deems desirable, an order that the Licensee shall remove all such facilities in accordance with applicable requirements.
A request of the Licensee to abandon in place any facilities shall be deemed an offer of transfer of such facilities to the City and by resolution authorizing Licensee to abandon any facility in place, the City shall succeed to all right, title and interest of Licensee in said facilities.
SECTION 9: LIENS.
A. Licensee shall not cause or permit to be filed, recorded or enforced against the Property, or any part thereof, any mechanics' ', material men's, contractors' or subcontractors' liens arising from the Work or any claim of action affecting the title to the Property arising from the Work, 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 or 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 Property, 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.
B. 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 Property or 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 Licensor or the Property.
SECTION 10: PERFORMANCE BOND.
Licensee shall, within thirty (30) days of the Effective Date of this Agreement, but not later than the date of commencement of Work, file with the City, and maintain in full force and effect, a bond in favor of the City in the sum of Five Thousand Dollars ($5,000.00), conditioned that Licensee shall well and truly observe, fulfill, and perform each and every term and condition of this License, and in case of a breach of condition of said License, at the discretion of the City Council, the whole amount of the penal sum therein shall be available to the City in addition to any
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damages recoverable by the City.
Whenever the bond is used for any breach of a term or condition of this License, the Licensee must maintain the full amount of the bond; and if the Licensee fails to do so within the time set by the City Council, the Council may, by resolution, declare said License automatically forfeited Nothing herein shall insulate Licensee from liability in excess of the amount of said bond or shall be construed as a waiver by the City of any remedy at law against the Licensee for any breach of the terms and conditions of this License, or for any damage, loss or injuries suffered by the City in case of any damage, loss or injury suffered by any person, firm, or corporation by reason of any work done or any activity conducted by the Licensee in the exercise of this License.
SECTION 11: INSURANCE.
Prior to any initial entry onto the Property, and until the termination of this Agreement, Licensee, or its contractor, shall maintain at its sole expense insurance limits as stipulated in this section.
A. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. 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. ii. 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. ili. 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.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status. The Licensor and City Representatives, (as defined in Section 12, below) are to be additional insureds on the CGL policy with respect to liability arising out of Licensee's use of the Property. 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 revisionsused).
ii. 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.
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ili. 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. iv. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. v. 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. vi. 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.
vii. 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. vili. Deductibles. All such insurance shall have deductibility limits of not greater than $50,000.00 unless otherwise approved by the City.
ix. 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 commencement of the Work. However, failure to obtain the required documents prior to commencing the Work 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. Current certification of insurance shall be kept on file with the City at all times during the term of the Agreement. x. Occurrence Basis Coverage. All policies shall be written on an occurrence basis unless otherwise approved by the City.
C. Self-insured Licensees. Licensee may, unless prohibited by law, self-insure any or all of the insurance requirements set forth in this Section 11 and satisfy any requirement for evidence of such with a self-administered claims letter to City.
SECTION 12: INDEMNIFICATION.
From and after the execution of this Agreement, Licensee hereby agrees to indemnify,
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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 or unknown, suspected or unsuspected, latent or 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 Property. 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 or release of any Hazardous Substances on the Property 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.
SECTION 13: TERM, TERMINATION, and REMEDIES.
The Agreement shall remain in effect until April 1, 2025. If Licensee is in breach of any of its obligations under this Agreement and fails 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 Property and comply with the provisions of Section 8_above. No termination or expiration of this License shall relieve Licensee of its obligations hereunder.
SECTION 14: ASSIGNMENT.
Licensee shall not transfer, sell, hypothecate, sublet or assign the License, nor shall any of the rights or privileges therein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the Licensee, either by act of the Licensee or by operation of law, without the prior consent of the City.
B. Any sale, lease, assignment or transfer of this License or the rights or privileges granted hereby, or any of them without the prior written consent of the City Council first having been obtained, whether by operation of law or-otherwise, shall be null and void.
SECTION 15: WAIVER OF BREACH
No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this Agreement by the City shall be construed to be a waiver of any such succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. No delay or omission of the City in exercising the right, power or remedy herein provided in the event of default
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shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Agreement.
SECTION 16: 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 any of the provisions of this License or for Licensor to remove Licensee from the Property, 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.
SECTION 17: NOTICES.
All notices, consents, approvals, requests, demands and other communications provided for hereily all bed or sing enor hall be dem 2 1) hars aen duin given sie the reir hey other established overnight courier service to the intended party addressed as follows:
Licensor: Joshua Nelson
City Manager
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Tel: (626) 333-2211
[email protected]
With a Copy to: James M. Casso, City Attorney
Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
Tel: (626) 269-2980
[email protected]
Licensee: Chevron Environmental Management Company
Attn: Theo Foster, Station No. 38123
1500 Louisiana St.
Houston, TX 77002
Phone: (832) 854-4428
[email protected]
With a Copy to: Robert C. Goodman
Rogers Joseph O'Donnell
311 California St., 10th Floor
San Francisco, CA 94104
Phone: (415) 956-2828
[email protected]
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SECTION 18: MISCELLANEOUS.
A. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, 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.
B. 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 Property shall survive the expiration or termination of this Agreement.
C. 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.
D. 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.
SECTION 19: 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.
SECTION 20: COUNTERPARTS.
The exchange of counterpart signature pages between the Parties constitutes execution and delivery of this Amendment and it will not be necessary that the signatures of all Parties be contained on any one counterpart. Executed signature pages sent by facsimile, email scan, or otherwise by photocopy are valid means of delivery.
(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
(LEGAL NAME)
By:_ By:
Joshua Nelson, City Manager NAME, TITLE:
ATTEST:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:
James M. Casso, City Attorney
561371.5
EXHIBIT A - SITE FIGURE
5613715
LEGEND: N
—..— PROPERTY BOUNDARY
- - - CITY OF INDUSTRY EXCAVATION
MILS-& GROUNDWATER MONITORING WELL
MAN·13 MOTORING OUNDWATER
- -- PLANTE USTs UNDERGROUND STORAGE TANKS
EXISTING BUILDING PLANTER
AIN-MART BODING
•-MW-11
PLANTER
/
DRIVEWAY
-ROADWAY R/W
PLANTER FORMER PLANTER. SIDEWALK
V-13 SEVENTH AVENUE
DRIVEWAY
i 35
DRIVEWAY APPROXIMATE SCALE: 1 in. = 25 ft.
PLANTER
SIDEWALK MAP SOURCEASE OF STE PRO ONE E017.9817
CLARK AVENUE
PLANTER
FORMER CHOP NOST CATEN NO 0913
EXHIBIT A
BY: HARRIS, JEACO
AARCADIS
CITY COUNCIL
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; Sean Calvillo, Director of Operations, CNC Engineering
DATE: April 25, 2024
SUBJECT: Consideration of Amendment No. 1 to the Cost Sharing Agreement with the Puente Basin Water Agency, for the Phase 1 development of the Groundwater Management Plan for the Puente Basin
BACKGROUND
On May 25, 2022, the Puente Basin Water Agency ("PBWA") entered into an agreement with West Yost to develop a Groundwater Management Plan ("GMP") for the Puente Basin. The goal was to maximize the beneficial use of the Puente Basin that could involve imported water supplied from the Metropolitan Water District, treated recycled water, and groundwater from adjacent basins. The main objective was to increase the use of its reliable, local water supplies, and minimize the dependence on less reliable imported water supplies. The GMP was created by developing an understanding of the physical state of the basin, establish goals for the basin with stakeholders, evaluate alternatives for basin management that includes a water-supply cost model and surface-water model, and finally the preparation and implementation of the final plan.
The City is part of the Puente Basin Watermaster judgement, and is a stakeholder in the Puente Basin. The GMP benefits the City by providing a better understanding of the state of the basin, and potentially increase the use of the basin for non-potable uses. A Cost Sharing Agreement ("Agreement") between the City and PBWA was approved on November 10, 2022, to share in the cost of the development of the GMP by West Yost. The City contributed one third of the total cost of Phase 1, which totaled $64,070.67. The PBWA consists of Rowland Water District and Walnut Valley Water District which will cover the remaining two thirds of the cost.
While the PBWA is directly contracted with West Yost, the City was named as additional insured by West Yost. While West Yost agreed to indemnify the City, there are concerns about indemnification.
PBWA drafted it agreement with West Yost to solely include indemnity language or design professionals, however West Yost is not acting in a design professional capacity. Further, as drafted the indemnity language only requires West Yost to indemnify the parties for its negligence, or reckless or willful misconduct, and only requires them to reimburse the indemnified parties in proportion to proven acts of negligence. This language limits the indemnity, and while the City proposed revisions that would offer more protection for both PBWA and the City, PBWA rejected those amendments.
However, Staff believed that the development of the GMP is essential to determining the state and future of the Puente Basin, and Staff recommended the City Council approve the Agreement with PBWA to contribute to the cost of the GMP
DISCUSSION
The project is entering into Phase 2 of the project which entails evaluating alternatives for the basin's management. This includes defining and evaluating various management alternatives and selecting preferred recommended alternatives based on those evaluations. The recommended alternatives will include potential projects and associated cost estimates to complete the work. Staff recommends approving Amendment No. 1 to the Agreement to add the scope of work for Phase 2, increase compensation for the cost sharing portion of $49,067.33, and extend the term through June 30, 2025 to complete the work.
FISCAL IMPACT
The fiscal impact is $49,067.33. In the adopted FY 2023-2024 budget, $300,000.00 is approved for this work (Account No. 100-624-5120.01). An appropriation is requested in the amount of $130,000.00 from the General Fund Reserves to cover this cost in addition to the costs for Phase 1.
RECOMMENDATION
1. Approve Amendment No. 1 to the Cost Sharing Agreement with Puente Basin Water Agency.
2. Appropriate $130,000.00 from the General Fund Reserves to Account No. 100-624-5120.01.
Attachments
A. Amendment No. 1 to the Cost Sharing Agreement with Puente Basin Water Agency, dated April 25, 2024
ATTACHMENT A
AMENDMENT NO. 1 TO COST SHARING AGREEMENT
PUENTE BASIN GROUNDWATER MANAGEMENT PLAN
This First Amendment to Cost Sharing Agreement ("Agreement") is made and entered into this day of April, 2024 ("Effective Date"), by and between the Puente Basin Water Agency ("PBWA"), a joint powers agency consisting of Rowland Water District ("RWD"), a county water district and Walnut Valley Water District ("WVWD"), a California water district; and the City of Industry, a municipal corporation ("City"). PBWA and City are sometimes individually referred to herein as a "Party" and collectively as the
RECITALS
A. PBWA and City entered into a Cost Sharing Agreement dated November 10, 2022 (the "Agreement") under which the Parties agreed to share the costs as specified in the Agreement for the development of Phase 1 of a Groundwater Management Plan for the Puente Basin (the "GMP").
B. The consultant engaged by PBWA has completed the services related to preparing Phase 1 of the GMP and will now be proceeding to develop Phase 2 - Part 1 of the GMP.
C. PBWA and City by this Amendment desire to set forth the revisions to the Agreement necessary to share the costs for development of Phase 2 - Part 1 of the GMP, as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
1. A new Recital 2.2 is added to the Agreement to read in its entirety as follows:
"2.2 PBWA has engaged Consultant to develop Phase 2 - Part 1 of the GMP, and Consultant will provide those services more specifically delineated in the Scope of Work attached hereto as Exhibit B and the Parties will share the costs of those services as set forth herein."
2. Section 3.1 - Point of Contact is revised to replace "Erik Hitchman" with "Jared Macias."
3. In Section 3.2 - Term, the specified date of December 30, 2023 is replaced with June 30,2025.
4. In Section 3.3.1 - Cost Sharing, shall be revised to read in its entirety as follows:
"PBWA shall require Consultant to bill PBWA on a time and materials basis, as actual work is performed. The Parties shall be responsible for payments of each invoice, with PBWA paying two-thirds (2/3) of such costs, and the City paying one-third (1/3) of such costs. For Phase 1, the amount shall not exceed One-Hundred and Ninety- Two Thousand, Two Hundred and Twelve Dollars ($192,212,00). For Phase 2-Part 1, the amount shall not exceed One Hundred Forty-Seven Thousand Two Hundred and Two Dollars ($147,202.00)."
IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
CITY OF INDUSTRY
Joshua Nelson, City Manager
ATTEST:
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:
James M. Casso, City Attorney
PUENTE BASIN WATER AGENCY
Jared Macias, Administrative Officer
EXHIBIT A TO AMENDMENT NO. 1
TO COST SHARING AGREEMENT
PUENTE BASIN GROUNDWATER MANAGEMENT PLAN
DATED NOVEMBER 10, 2022
COST SHARING AGREEMENT
PUENTE BASIN GROUNDWATER MANAGEMENT PLAN
1. PARTIES AND DATE.
This Cost Sharing Agreement ("Agreement") is made and entered into this 10'h day of November, 2022 ("Effective Date"), by and between the Puente Basin Water Agency ("PBWA"'), a joint powers agency consisting of Rowland Water District ("RWD"), a county water district and Walnut Valley Water District ("WVWD"), a California water district; and the City of Industry, a municipal corporation ("City") BWA and City are sometimes individually referred to herein as a "Party" anc
2. RECITALS.
2.1 Project.
PBWA has engaged a professional engineering consultant, West Yost, a corporation, with its principal place of business at 23692 Birtcher Drive, Lake Forest, CA 92630 ("Consultant"), for the development of Phase I of a Groundwater Management Plan for the Puente Basin ("Project"). Consultant's services shall generally include the following: Develop Phase 1 of a groundwater management plan for the Puente Basin.
This includes: establishing the stakeholder group and the stakeholder process; providing a thorough description of the state of the Puente Basin; and establishing goals for improved management of the basin ("Services"). The Professional Consultant Services Agreement Consultant's work, and the Parties desire to memorialize the cost sharing as set forth herein.
3. TERMS.
NOW, THEREFORE, the Parties agree as follows:
3.1 Point of Contact.
Erik Hitchman of PBWA shall be designated as the point of contact between the Consultant and the Parties; provided, however, that the Consultant may freely communicate with any Party as necessary to efficiently obtain information or documents needed in connection with the Project.
remain and continue in effect me eat sal stined he in the sicied ace and tal 2023, unless sooner terminated pursuant to the provisions of this Agreement. (084300-01/000/006061453
GMP Cost Sharing Agreement
3.3 Fees and Payments
3.3.1 Cost Sharing. PBWA shall require Consultant to bill PBWA on a time-and-materials basis, as actual work is performed, up to a not-to-exceed amount of One-Hundred and Ninety-Two Thousand, Two Hundred and Twelve Dollars ($192,212.00). The Parties shall be responsible for payments of each invoice, with PBWA paying two-thirds (2/3) of such costs and the City paying one-third (1/3) of such costs.
3.3.2 Payment of Compensation. PBWA shall require Consultant to invoice PBWA each month for actual work performed, and PBWA shall in turn invoice each Party for that Party's share of such fees and costs. Each Party shall pay PBWA such costs within twenty-five (25) days of receipt of PBWA's invoice. PBWA shall pay Consultant in accordance with the terms of its services agreement with Consultant. If any Party disputes any of Consultant's fees it shall give written notice to PBWA within 25 days of receipt of an invoice of any disputed fees set forth on the invoice.
3.3.3 Failure to Pay. If a Party fails to timely pay PBWA as set forth in Section 3.3.2 above, that Party shall thereafter pay PBWA within three (3) calendar days of receipt from PBWA of a final written demand for payment. If that Party does not pay PBWA its respective share within that three (3) day period, then the other Parties that have paid PBWA shall further pay to PBWA their proportionate share of the unpaid amounts (by way of example, if there are three Parties to the Agreement and two of the Parties have paid PBWA and one Party has not, then each of the two Parties that have paid PBWA their respective shares shall contribute to PBWA one-half (1/2) of the total unpaid amount). If the Party that has failed to pay PBWA its share subsequently pays PBWA that share, PBWA shall credit to the other Parties the contributions made pursuant to this paragraph. If such payment is not made within that three (3) calendar day period, PBWA may commence legal action to collect the unpaid amount, and the Party that has failed to pay those costs shall be liable for all costs of collection incurred by PBWA, including attorneys' fees. Within five (5) business days of recovery of such payment, PBWA shall reimburse or credit the other Parties the contributions made pursuant to this paragraph.
3.3.4 Termination. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the PBWA at least ten (10) days prior written notice. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. In the event this Agreement is terminated submit an invoice to the City pursuant to Section 3 of this Agreement. Upon receipt of that notice of termination under this Agreement, PBWA may determine, in its sole discretion. that it desires to either terminate the Consultant Agreement, or to continue (084300-01/000/00606145)
GMP Cost Sharing Agreement
with that agreement without the City's participation or involvement and the City shall thereafter not be responsible for any further costs of the Project. In the event PBWA determines to terminate the Consultant Agreement, it shall do so in accordance with Section 3.4 of that agreement and the Consultant shall immediately cease all work under the Consultant Agreement, unless PBWA's notice of termination to the Consultant provides otherwise.
3.4 General Provisions.
3.4.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
3.4.2 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.
3.4.3 Invalidity; Severability. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable. Such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
3.4.4 Counterparts; Execution by Fax or E-Mail. This Agreement may be executed in counterparts, effective as of the Effective Date first set forth above. The Parties agree that this Agreement will be considered signed when the signature of a Party is delivered by facsimile or e-mail transmission. Such facsimile or e-mail signature shall be treated in all respects as having the same effect of an original signature.
3.4.5 Waiver. The waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by any Party unless in writing.
3.4.6 Remedies. • Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
3.4.7 Authority to Execute this Agreement. The person or persons executing this Agreement represent and warrants that he/she has the authority to execute this Agreement on behalf of the party for which the Agreement is being executed, and has the authority to bind that party to the performance of its obligations hereunder. {084300-01/000/00606145)
GMP Cost Sharing Agreement
3.5 Notices.
Any notices which any Party may desire to give to any the other Party under this Agreement must be in writing and may be given either by (i) personal service, (li) delivery by a reputable document delivery service, such as but not limited to, Federal xpress, which provides a receipt showing date and time of delivery, or (iii) mailing i he United States Mail, certified mail, postage prepaid, return receipt requester addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To PBWA: Puente Basin Water Agency
271 S. Brea Canyon Road
Walnut, CA 91789
Attention: Administrative Officer
To City: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
{084300-01/000/006061451
GMP Cost Sharing Agreement
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered as of the Effective Date:
CITY OF INDUSTRY
Joshua Nelson, City Manager
APPROVED AS TO FORM:
tantch Car
James M. Casso, City Attorney
PUENTE BASIN WATER AGENCY
Be Ath man
Erik Hitchman, Administrative Officer
(084300-01/000/00606145)
EXHIBIT B
RATE SCHEDULE
23692 Birtcher Drive 949.420.3030 phone
Lake Forest CA 92630 530.756.5991 fax
MY WEST YOST westyost.com
Water. Engineered.
TECHNICAL MEMORANDUM
DATE: March 19, 2024 Project No.: 1032-80-22-01
SENT VIA: EMAIL
TO: Puente Basin Water Agency
FROM: Erik Cadaret, PG, RCE #9965
Veva Weamer, Project Manager
No. 9965
Andy Malone, PG, RCE #8700 Exp. 8-31-25
SATE
SUBJECT: Technical Memorandum 2: Goals and Concepts for OF CALIF Improved Management of the Puente Basin
Technical Memorandum 2 (TM-2): Goals and Concepts for Improved Management of the Puente Basin completes Phase 1 of the scope of work to develop a Groundwater Management Plan (GMP) for the Puente Basin. TM-2 includes the following descriptions:
• Background information on the Puente Basin Water Agency's (PBWA) recent efforts to develop a GMP for the Puente Basin.
• Draft goals and objectives for improved management of the Puente Basin. • Various general concepts for improved management of the Puente Basin. • A scope of services and cost estimate for the next steps to develop the GMP.
BACKGROUND
The Puente Basin is a small groundwater basin located between the San Jose and Puente Hills in eastern Los Angeles County in Southern California that is approximately 20 square miles (12,800 acres). In 1971, the PBWA was formed as a joint powers authority between the Walnut Valley Water District (WVWD) and the Rowland Water District (RWD) to oversee the protection and utilization of local, imported, and recycled water within the Puente Basin. The following year in 1972, the PBWA entered into the Puente Narrows Agreement with the Upper San Gabriel Valley Municipal Water District to ensure that water management activities in the Puente Basin do not interfere with the subsurface groundwater outflow from the Puente Basin to the adjacent Main San Gabriel Basin. In 1986, the pumping rights in the Puente Basin were adjudicated pursuant to the Puente Basin Judgment (Judgment) which established a physical solution for the management of the Basin. The Judgment provided for the creation of the Puente Basin Watermaster to administer the Judgment and manage the Basin in accordance with the Physical Solution. Puente Basin groundwater is pumped and used primarily as a non-potable supply by five "Primary Parties" to the Judgment, including the WVWD and RWD.
Puente Basin Water Agency
March 19, 2024
In 2022, the PBWA contracted with West Yost to develop a GMP to enhance the management of the Puente Basin beyond the execution of the Judgment and the Puente Narrows Agreement. At that time, the PBWA expressed desires to maximize the beneficial use of the Puente Basin and thereby decrease dependence on less reliable imported water supplies. As described in the West Yost proposal to develop the GMP, the work is being performed in three phases:
• Phase 1 - Describe the State of the Puente Basin and Establish GMP Goals. The objective of this phase is to develop an understanding of the physical structure and hydrology of the Puente Basin and articulate the specific goals of the Puente Basin stakeholders for improved groundwater basin management.
• Phase 2 - Evaluate Alternatives for Basin Management. The objective of this phase is to define and evaluate various management alternatives, and then based on the evaluations, select a preferred management alternative that will become the GMP for the Puente Basin. • Phase 3 - Prepare GMP and Implementation Plan. The objective of this phase is to publish a final GMP and its implementation plan.
In late-2023, West Yost completed the first part of Phase 1. This included: (i) establishing a stakeholder group and process for the development of the GMP; (ii) collecting data and reports and preparing a hydrologic database; and (iii) preparing a detailed description physical structure and hydrology of the Puente Basin. A draft Technical Memorandum 1: Description of the Puente Basin Groundwater Management Plan Area and Basin Setting (TM-1) was completed in September 2023. The draft TM-1 was presented at a Stakeholder meeting on September 6, 2023 followed by a period for stakeholder review and comment. The final TM-12 was published on December 4, 2023 (West Yost, 2023) and included the following sections:
• Section 2 GMP Area. An overview of existing jurisdictions and existing management programs, including the Puente Narrows Agreement and Judgment; and description of the wells, monitoring programs, land use, and water supplies of the Puente Basin.
Section 3 Basin Setting. Description of the surface-water and groundwater hydrology of the Puente Basin over a long-term historical period through current conditions, including the identification of data gaps and uncertainty in the hydrogeologic conceptualization.
Section 4 Basin Management Implications. Summary of basin management challenges that are evident from the description of the Puente Basin GMP Area and hydrogeology of the basin in TM-1.
The Basin Management Implications (Section 4 of TM-1) are important because they can guide the design of project alternatives to improve basin management. The Basin Management Implications included:
The size and yield of the Puente Basin that can be reliably pumped on an annual basis is relatively small (approximately 1,400 afy). Therefore, attempts to increase annual groundwater pumping without simultaneously increasing recharge could cause significant declines in groundwater levels.
1 Proposal to Develop a Groundwater Management Plan for the Puente Basin. West Yost. Submitted December 3, 2021. 2 https://puentebasin.com/wp-content/uploads/2023/12/TM-PBWA_TM1_20231204-Final.pdf WEST YOST KAC-1032 PUENTE BASIN 90-2241 WANTM
Puente Basin Water Agency
March 19, 2024
• Recharge to the Puente Basin is limited due to the small tributary watersheds, concrete- lining of the creeks that cross the basin, small volumes of subsurface inflows from upgradient groundwater basins, and the absence of artificial recharge of supplemental water supplies.
• Depth to groundwater is relatively shallow (ranges from 20-50 ft-bgs) and therefore, the basin has limited volumes of unused storage.
• Due to the presence of elevated TDS, nitrate, TCE, PCE, and other VOCs that are generally higher than primary and secondary MCLs, groundwater is currently only used as a non-potable supply. If potable groundwater use is desired in the future, treatment will be required. • Several data gaps exist that will need to be filled to support the design and implementation of certain basin management strategies. These gaps include:
— Water Quality. Currently. there is a paucity of groundwater-quality data across the basin for potential constituents of concern, including: hexavalent chromium, perchlorate, 1,2,3-trichlororpropane, TCE, PCE, TDS and nitrate.
- Groundwater Dependent Ecosystems (GDEs). There are five potential GDEs that exist within the basin and would need to be evaluated if groundwater management activities could cause declines in groundwater levels such that it negatively impacts these potential GDEs.
— Water Supplies for Recharge. The quantities, availability, and reliability of water supplies that could be used for artificial recharge is not well understood and would need to be characterized and monitored if recharge projects are contemplated for the GMP. - Land Subsidence. It is unknown what the potential is for pumping-induced land subsidence, if groundwater levels were to decline due to increased groundwater utilization.
Underflow Obligation. Defining how and if the PBWA underflow obligation through the Puente Narrows will be met with basin management strategies that are identified through the development of the GMP.
— Aquifer Properties. There is a data gap in the understanding of the aquifer properties in areas where bedrock appears to be shallow. Developing a better understanding of aquifer properties in these areas is necessary if the stakeholders wish to increase the utilization of groundwater in these areas.
Organization of TM-2
TM-2 documents the remaining tasks to complete Phase 1, which include descriptions of the following:
Basin management goals and a GMP objective statement
• Various project concepts for improving basin management • A scope-of-work and cost estimate for the next steps to prepare the GMP (Phase 2 - Part 1) WEST YOST K•C-1032 PUENTE BASII1-S0-22-01-WP-TB2
Puente Basin Water Agency
March 19, 2024
GOALS FOR BASIN MANAGEMENT AND GMP OBJECTIVE STATEMENT
At the September 6, 2023 PBWA Stakeholder meeting, West Yost presented the findings of the draft TM- 1 and facilitated a stakeholder discussion on their goals for improved management of the Puente Basin.
Based on the stakeholder feedback, West Yost has prepared draft Basin Management Goals and Objective Statement for the GMP.
Management Goals
The management goals for the Puente Basin GMP are:
• Increase use of Puente Basin groundwater to become less reliant on imported water. • Manage the Puente Basin in a manner that avoids adverse impacts, such as chronic lowering on groundwater levels, land subsidence, degrading water quality, impacting to GDEs, etc. • Control groundwater underflow through the Puente Narrows in a manner to comply with the Puente Narrows Agreement while utilizing existing credits and minimizing the accumulation of credits in the future.
GMP Objective Statement
Based on the Management Goals, the draft Objective Statement for the Puente Basin GMP is:
Enhance the use of Puente Basin groundwater in a sustainable manner to become less reliant on imported water while maintaining compliance with the Puente Narrows Agreement.
PROJECT CONCEPTS FOR IMPROVED BASIN MANAGEMENT
Using the information in the Basin Management Implications (Section 4 of TM-1), the stakeholder feedback received to date, and the draft Basin Management Goals and GMP Objective Statement above, three high-level project concepts are proposed below for the GMP. • Increase Groundwater Pumping
— Purpose: Enhance the use of the groundwater basin to create new potable or non- potable water supplies, decrease reliance on imported water, and minimize subsurface outflow of groundwater to the Main San Gabriel Basin.
- Conceptual Project Alternatives: There can be various alternatives for increased pumping from new or increased pumping at various locations across the Puente Basin.
In addition, there can be various alternatives for the ultimate use of the water that could include potable or non-potable uses (i.e., projects that require treatment of the pumped groundwater or not).
Enhance Recharge
— Purpose: Utilize local reliable water sources that are not currently used in the basin (e.g., surplus recycled water, storm water runoff, dry weather flow) for artificial recharge to enhance the sustainable yield of the Puente Basin.
— Conceptual Project Alternatives: There can be various project alternatives based on location of recharge, method of recharge (e.g., injection, spreading, or infiltration galleries), and different types of recharge waters.
WEST YOST K.C-1032 PHENEE BASA1R0-2201-WP-TM
Puente Basin Water Agency
March 19, 2024
• Expand Monitoring Program
- Purpose: Fill data gaps to support the design and implementation of any of the project alternatives listed above.
- Conceptual Project Alternatives: Expansion of the monitoring program should be designed to specifically support the project alternatives that are chosen for implementation. Expansion of the monitoring program could include, but not be limited to: increased groundwater monitoring at existing wells (e.g., water-levels, water-quality, pumping); construction of new monitoring wells; controlled aquifer-system testing; remote-sensing of land subsidence and potential GDEs; etc.
These are generalized descriptions of project concepts to achieve the Basin Management Goals and GMP Objective Statement. The projects can be implemented individually or in combination with a range of potential alternatives for each concept depending on the PBWA needs and desires.
Phase 2 to develop a GMP is divided into two parts:
• Part 1 requires the PBWA to first identify and describe more specific "Basin Management Alternatives" that consist of one or more project concepts. The PBWA will then identify which of the Basin Management Alternatives should be evaluated in Part 2. The scope of the evaluation in Part 2 will be dependent upon the specific Basin Management Alternatives that are selected; hence, Part 1 will include the preparation of the cost estimate to perform Part 2.
Part 2 consists of the evaluation of selected Basin Management Alternatives. The evaluation will include (i) a hydrologic analysis of the impacts to the Puente Basin and (ii) a cost analysis for project implementation to produce the new water supply. The evaluation will result in the selection of the preferred Basin Management Alternative that will become the basis for the GMP.
SCOPE OF SERVICES TO PERFORM PHASE 2 - PART 1
This section describes a proposed scope of services and cost estimate for Phase 2 - Part 1 to: (i) develop and describe various Basin Management Alternatives; (ii) identify which Basin Management Alternatives warrant further evaluation; and (ili) develop a scope of services and cost estimate to evaluate the selected Basin Management Alternatives and their relative effectiveness at achieving the goals and objectives of the GMP.
Task 1. Develop Basin Management Alternatives
In this task, West Yost will work with the PBWA and other stakeholders to develop an initial description of up to six (6) Basin Management Alternatives. The descriptions will be used to prepare the first two sections of Technical Memorandum 3 - Basin Management Alternatives for Puente Basin Groundwater Management Plan (TM-3). The final TM-3 will include the following sections:
1. Background and Objectives (prepared in Task 1)
2. Description of Basin Management Alternatives (prepared in Task 1)
3. Basin Management Alternatives Selected for Evaluation (prepared in Task 2)
4. Scope and Cost to Evaluate Basin Management Alternatives (prepared in Task 3) WEST YOST K-C-1032 PUENTE BASIN SD-22-01-WP-TRA2
Puente Basin Water Agency
March 19, 2024
• Task 1.1 - West Yost will conduct an in-person meeting with PBWA staff to brainstorm and develop an initial list and conceptual descriptions of up to six (6) potential Basin Management Alternatives.
• Task 1.2 - West Yost will prepare maps, graphics, and tables to visually describe the potential Basin Management Alternatives.
• Task 1.3 - West Yost will conduct a virtual workshop (Workshop 1) with PBWA and other interested stakeholders to review the conceptual descriptions of the Basin Management Alternatives using the maps and graphics prepared in Task 1b. West Yost will use the verbal feedback obtained in Workshop 1, and any follow-up correspondence with PBWA staff and other stakeholders, to refine the Basin Management Alternatives. • Task 1.4 - West Yost will prepare a draft of Sections 1 and 2 of TM-3 that includes the conceptual descriptions of up to six Basin Management Alternatives. The draft Sections 1 and 2 will be distributed to PBWA and stakeholders for a one-month review period. The PBWA and stakeholders will submit written comments and suggestions to West Yost after the review period.
Task 1 Deliverables
• West Yost will provide the PowerPoint and minutes from Workshop 1. • West Yost will provide a draft of Sections 1 and 2 of TM-3: Basin Management Alternatives for the Puente Basin GMP.
Task 2. Select Basin-Management Alternatives for Further Evaluation In this task, the six conceptual Basin Management Alternatives are ranked and up to four (4) Basin Management Alternatives are selected for further evaluation in Phase 2 - Part 2. • Task 2.1 - West Yost will prepare draft ranking criteria for the Basin Management Alternatives and distribute to PBWA staff for review. Ranking criteria may include, but not limited to: groundwater yield produced by the projects); ease of project implementation; mitigation requirements to address adverse impacts; use of underflow credits; regulatory/institutional challenges; cost; etc.
• Task 2.2 - West Yost will conduct a virtual meeting with PBWA staff to review the draft ranking criteria and begin developing an initial ranking of the Basin Management Alternatives. • Task 2.3 - West Yost will prepare a draft of Section 3 of TM-3 that includes a draft ranking of the Basin Management Alternatives and a recommendation for the selection of Basin Management Alternatives for further evaluation. The draft Section 3 of TM-3 will be distributed to PBWA and stakeholders for a one-month review period. This also includes development of updated maps, graphics, and tables.
• Task 2.4 - West Yost will conduct a virtual workshop (Workshop 2) with PBWA and other interested stakeholders to review the draft ranking of Basin Management Alternatives in Section 3 of TM-3. The workshop will be held during the first two weeks of the one-month review period. The PBWA and stakeholders will submit written comments and suggested edits on Section 3 to West Yost after the review period. • Task 2.5 - West Yost will conduct one as-needed virtual meeting with the PBWA staff to obtain additional feedback on the ranking of Basin Management Alternatives.
WEST YOST K-C-1032 PUENTE BASIN SO-22-01-WP-TMZ
Puente Basin Water Agency
March 19, 2024
Task 2 Deliverables
• West Yost will provide the PowerPoint and minutes from Workshop 2. • West Yost will provide a draft Section 3 of TM-3: Basin Management Alternatives for the Puente Task 3. Develop Scope and Cost to Evaluate Basin-Management Alternatives In this task, West Yost prepares a scope-of-work and cost estimate to perform the evaluations for the up to four (4) selected Basin Management Alternatives in Phase 2 - Part 2. The evaluations will include (i) a hydrologic analysis of the impacts to the Puente Basin and (ii) a cost analysis for project implementation to produce the new water supply. The level of effort (scope and costs) to perform the evaluations may cause the PBWA and stakeholders to revise their rankings and/or decisions to perform one or more of the evaluations. Hence, this task will result in the final selections of Basin Management Alternatives for further evaluations, which will be documented in a final TM-3.
• Task 3.1 - West Yost will prepare a draft of Section 4 of TM-3 • that describes a scope-of-work and cost estimate to perform the evaluations for the four (4) selected Basin Management Alternatives. The draft Section 4 of TM-3 will be distributed to PBWA and stakeholders for a one-month review period.
• Task 3.2 - West Yost will conduct a virtual workshop (Workshop 3) with PBWA and other interested stakeholders to review the draft Section 4 of TM-3. The workshop will be held during the first two weeks of the one-month review period. The PBWA and stakeholders will submit written comments and suggested edits on Section 4 to West Yost after the review period.
• Task 3.3 - West Yost will conduct one as-needed virtual meeting with the PBWA staff to obtain additional feedback on Section 4 of TM-3.
• Task 3.4 - West Yost will address all feedback received from PBWA staff and stakeholders and will finalize TM-3, which will include an appendix of responses to stakeholder comments.
Task 3 Deliverables:
• West Yost will provide the PowerPoint and minutes from Workshop 3. • West Yost will prepare a draft Section 4 of TM-3.
• West Yost will prepare a final TM-3: Basin Management Alternatives for the Puente Basin GMP.
Task 4. Ad-Hoc Meetings and Project Management
In this task, West Yost will: prepare for and conduct up to two virtual coordination meetings with PBWA staff to discuss as needed topics for the development of TM-3; coordinate staffing over the duration of the project quarterly; and provide monthly invoices and progress reports to PBWA staff of project progress, schedule, and budget status.
COST ESTIMATE TO PERFORM PHASE 2 - PART 1
West Yost's proposed level of effort and budget for each of the tasks described above is shown in Table 1.
West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost's attached 2024 and 2025 Billing Rate Schedule, with a not-to-exceed budget of $147,202. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.
WEST YOST K-C-1032 PUENTE BASIN SO-22-01-WP-TBA2
Table 1. Cost Estimate for Phase 2 - Part 1
2024 2025
Scientist Principal Principal Senior Associate Scientist Principal Principal Senior ASSULIdLe
Manager | Geologist I| Geologist | Geologist | Geologist l Admin III QC Review Manager | Geologist I Geologist l Geologist I Geologist I Admin Ill QC Review Labor Costs
West Yost Assocates 335 $ 322S 302 $ 272$ 226 $ 45S 348 $ 235 S 314 $ 792 235 S 151 $ 335 Hours Fee Total Costs Task 1 Develop Basin-Management Alternatives
1.01 Meeting to Develop Basin Management Alternatives 12 14 32 $ 9,364 9,364
1.02 Prepare Draft Maps, Figures, and Tables ~ Ha 32 58 $ 15,089 15,089
1.03 Workshop 1 12 28 $ 7,680 7,680
10.4 Draft Sections 1 & 2 of TM 18 32 72 $ 19,377$
Subtotal, Task 1, hours 10 90 38 190
Subtotal, Task 1, dollars $ 670| $ 3,220 $ 12,684 $ 24,480 $ 8,588 $ 580 $ 1,288 $ 51,510$ 51,510 Task 2 Select Basin-Management Alternatives for Further Evaluation
2.01 Ranking of Basin Management Alternatives 10 23 $ 6,058 6,058
2.02 Meeting to Review Ranking of Basin Management Alternatives 2 22 $ 5,836 5,836
2.03 Draft Section 3 of TM 16 66 $ 17,535 17,535
2.04 Workshop 2 2
28 $ 7,680
2.05 As-needed Meeting 9 $ 2,618 $ 2,618
Subtotal, Task 2, hours 32 66| 38 148
Subtotal, Task 2, dollars $ 335 $ 2,254 $ 9,664 $ 17,952 $ 8,588| $ 290 $ 644$ 39,727 $ 32,047 Task 3
Develop Scope and Cost to Evaluate Basin-Management Alternatives
3.01 Draft Section 4 of TM 38 $ 10,665 10,665
3.02 Workshop 3 6 28 $ 7,907 $ 7,907
3.03 As-needed Meeting 9$ 2,723$ 2,723
3.04 Stakeholder Comments 10% 22 5 5,870 S 5,870
Subtotal, Task 3, hours 22 32 22 97
Subtotal, Task 3, dollars $ 322 $ 1,208 $ 2,176 $ 348$ 1,005 $ 6,908 $ 9,056 $ 5,170 $ 302 $ 670 27,165$ 27,165 Task 4 Ad-Hoc Meetings and Project Management
4.01 Quarterly coordination with PBWA Staff 28$ 8,271$ 8,271
4.02 Two ad-hoc meetings with PBWA Staff 2 л w
24 $ 7,169 5 7,169
4.03 Prepare monthly invoices, progress reports, and internal PM coordination 52$ 13,360$13,360 Subtotal, Task 4, hours 38
14 0 104
Subtotal, Task a, dollars S 1,288 $ 6,644 $ 10,336 $ 1,160 $ 1,340 $ 3,768 $ 3,962 $ 302 $ 28,800 $ 28,800 Total, hours) 100 202 76 14 34 46 22 2 539|
TOTAL, dollars $ 1,005 $ 7,084 $ 30,200 $ 54,944 $ 17,176 $ 2,030 $ 1,932$ 348 $ 2,345 $ 10,676 $ 13,018 $ 5,170$ 604$ 670 S 147,202$147,202
WEST YOST
K-C-1037.80.27.01-WP.TM Puenta Basin Water Agency
Puente Basin Water Agency
March 19, 2024
SCHEDULE TO PERFORM PHASE 2 - PART 1
West Yost anticipates completing Tasks 1 through 4 within 11 months of a notice-to-proceed. Table 2 below shows the anticipated schedule of meetings and milestones for Tasks 1 through 4.
WEST YOST K•C-1032 PUENTE BASIN 80-22-01- WP.TM2
Table 2. Schedule and Milestones
May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Task
Early Late Early Late Early Late Early Late Early Late Early Late Early Late Early Late Early Late Early Late Early Late Task 1. Developing Basin-Management
M
Alternatives
Task 2. Select Basin-Management
Alternatives for Further Evaluation M A
Task 3. Scope and Cost for Evaluating
Basin Management Alternatives A
Task 4. Ad-Hoc Meetings and Project
Q Q Q Q
Management
Meetings: M - Meeting with PBWA; W - Public Workshop with PBWA and Stakeholders; A - As Needed Meeting; Q. - Quarterly Check-in Meetings with PBWA Task Duration
Deliverable
Deliverable Review Period
Puente Basin Water Agency
March 19, 2024
STAFFING AND CLOSING COMMENTS
Veva Weamer will serve as the lead scientist and project manager and will be responsible for implementing the project per the final approved scope and budget. Ms. Weamer will be supported by West Yost geologists, engineers, and scientists for implementation of the scope of services. Andy Malone will serve as the technical reviewer and will provide technical support to the project team and QA/QC of all project deliverables. Samantha Adams will serve as the Principal-in-Charge and will also perform technical review.
Thank you for providing West Yost the opportunity to assist the PBWA in developing the GMP. We look forward to working with you on this important project. Please call if you have any questions or require additional information.
Sincerely,
WEST YOST
Vee Wean ahEMe
Veva Weamer Andy Malone, PG
Project Manager QA/QC
PG #86007
CC: Samantha Adams, Principal in Charge;
Erik Cadaret, Senior Geologist
Attachment A: West Yost 2024/2025 Billing Rate Schedule WEST YOST R•C-1032 PUENTE BASIN 80-22-01- MP-TA12
Appendix A
West Yost 2024/2025 Billing Rate Schedule
VL WEST YOST
2024 - 2025 Billing Rate Schedule Water. Engineered.
(Effective January 1, 2024, through December 31, 2025)
LABOR
CHARGES
POSITIONS 2024 2025
ENGINEERING
Principal/Vice President / $355 / $369
Engineer/Scientist/Geologist Manager I! / $351 / $365
Engineer/Scientist/Geologist Manager | $335 $348
Principal Engineer/Scientist/Geologist I! $322 / $335
Principal Engineer/Scientist/Geologist I / $302 / $314
Senior Engineer/Scientist/Geologist I| / $286 / $297
Senior Engineer/Scientist/Geologist I / $272 / $283
Associate Engineer/Scientist/Geologist I| / $243 / $253 Associate Engineer/Scientist/Geologist I $226 $235
Engineer/Scientist/Geologist I| $205 $213
Engineer/Scientist/Geologist I $176 $183
Engineering Aide $106 $110
Field Monitoring Services $131 / $136
Administrative IV $160 / $166
Administrative III $145 $151
Administrative I| $121 / $126
Administrative l $97 / $101
ENGINEERING TECHNOLOGY
Engineering Tech Manager I! $351 / $365
Engineering Tech Manager I $349 / $363
Principal Tech Specialist I| $331 / $344
Principal Tech Specialist / $320 $333
Senior Tech Specialist I| $306 $318
Senior Tech Specialist I $293 / $305
Senior GIS Analyst / $265 $276
GIS Analyst / $251 / $261
Technical Specialist IV / $267 / $278
Technical Specialist III $239 / $249
Technical Specialist I| $213 / $222
Technical Specialist I / $187 / $194
Technical Analvst I| / $160 / $166
Technical Analvst I / $134 / $139
Technical Analyst Intern / $108 / $112
Cross-Connection Control Specialist IV $189 $197
Cross-Connection Control Specialist III / $170 / $177
Cross-Connection Control Specialist Il $151 / $157
Cross-Connection Control Specialist I / $140 / $146
CAD Manager $211 / $219
CAD Designer I| / $185 / $192
CAD Designer l $164 / $171
VL WEST YOST
Water. Engineered.
2024 - 2025 Billing Rate Schedule
(Effective January 1, 2024, through December 31, 2025)
LABOR
CHARGES
POSITIONS 2024 2025
CONSTRUCTION MANAGEMENT
Senior Construction Manager / $338 / $352
Construction Manager IV / $289 / $301
Construction Manager I|| / $228 / $237
Construction Manager I| / $215 $224
Construction Manager l $201 $209
Resident Inspector (Prevailing Wage Groups 1) / $232 / $241 Resident Inspector (Prevailing Wage Groups 2) / $224 / $233 Resident Inspector (Prevailing Wage Groups 3) / $201 / $209 Resident Inspector (Prevailing Wage Groups 4) / $181 / $188 Apprentice Inspector / $164 / $171
CM Administrative I| / $118 / $123
CM Administrative I / $87 / $90
Field Services / $232 / $241
• Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expen:
• Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well :
engineering supplies, etc., will be billed at the actual cost plus 15%. • The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable when the mileage costs were incurred. Travel other than mileage will be billed at cost. • Subconsultants will be billed at actual cost plus 10%. • Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of star rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. • A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amount:
if not paid within 45 days from the date of the invoice.