Upland City Council
December 9, 2024

Resolution No.

subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 9. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 9th day of December, 2024.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 9th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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/VI E /VI O R A N D U /VI
DATE: December 9, 2024
TO: Chris Alanis, Acting Public Works Director
FROM: Michael Blay, City Manager
RE: Obligation of $2.5 Million in ARPA Funds for the Foothill Boulevard Improvement Project
On March 11, 2021, the President signed into law the American Rescue Plan Act ("ARPA").

The federal stimulus program allocated $1.9 trillion over the following three years to help state and local governments respond to the economic and public health impacts of COVID-

19. Under the law, each local government agency nationwide receives an allocation of ARPA funds based on a formula. The City's share is $15.2 million.

Recipients much obligate all monies prior to December 31, 2024, with funds to be fully expended by December 31, 2026, except for transportation and Title I projects which must be expended by September 30, 2026.

The City is currently preparing to go out to bid for the Foothill Boulevard Improvement Project from Benson Avenue to Redding Way. The capital project includes installing new potable water main and service laterals, concrete repairs to comply with ADA requirements, median island improvements, a complete replacement of the asphalt pavement, and striping.

The total project cost is estimated at $12 million. Currently, $9.5 million in funding is available from the Road Maintenance Rehabilitation Act (RMRA) Special Revenue Fund, Water Bond Capital Project funding, and grant funding through County of San Bernardino Supervisors Armendarez and Hagman. The remaining funds of $2.5 million will be obligated through ARPA.

This MOU expressly creates an obligation between the City Manager's Office and Public Works Department. The Public Works Department is responsible for obligating and expending the ARPA funds towards this capital improvement project by September 30, 2026. The capital improvement project costs include but are not limited to project design, competitive bidding, construction award, contingencies, inspection and permitting, as well as staff costs associated with project management.

The project is to go out to bid in January 2025 with construction to commence by April 2025. Construction is expected to take approximately 11 months.

Therefore, it is hereby acknowledged that the City of Upland is obligating $2.5 million in APRA funding towards the Foothill Boulevard Improvement Project from Benson Avenue to Redding Way and confirms that this project is an eligible use of the funds.

The Public Works Department hereby acknowledges and confirms that they will comply with reporting and recordkeeping requirements in compliance with the program on behalf of the City.

Michael Blay, City Manager Date
Chris Alanis, Acting Public Works Director Date

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
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DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDERATION OF A RESOLUTION AND AMENDED LICENSE AGREEMENT WITH

SBCTA REGARDING THE PACIFIC ELECTRIC TRAIL AND THE TOM THOMAS

MAGNOLIA PLAZA PROJECT
RECOMMENDED ACTION:

It is recommended that the City Council adopt Resolution No.6810 affirming reservation of the Pacific Electric Trail right-of-way (formally known as the Baldwin Park Branch right of way) purchased by San Bernardino County Transportation Authority from the Southern Pacific Transportation Company, is reserved for a future transportation facility and any other uses of the property are interim uses only; and approve Amendment No. 2 to the License Agreement between the City of Upland and San Bernardino County Transportation Authority.

GOAL STATEMENT
The proposed action supports the City's goal to construct the Tom Thomas Magnolia Plaza project on SBCTA right- of-way and will further the goals of the Historic Downtown Upland Specific Plan by providing public space to improve the visual aesthetics of Downtown and serve as a central urban space for residents and visitors to congregate and enjoy the Downtown environment and services.

BACKGROUND
On March 28,2022,the City Council approved the design for the Tom Thomas Magnolia Plaza(the"Urban Plaza") and approved a funding plan on April 25,2022,for the preparation of construction documents and development of the Urban Plaza in the amount of$1,860,000.

Prior to City Council approval of the Urban Plaza design, staff obtained approval of the improvements from the San Bernardino County Transportation Authority(SBCTA) on May 18,2022. The project site is a 0.69-acre part of the right-of-way for the Pacific Electric Trail and owned by SBCTA. The City of Upland has a revocable License Agreement with SBCTA which permits the City to design and construct improvements related to the Pacific Electric Trail and associated landscaping and appurtenances. SBCTA's approval was predicated on the license agreement which specified any improvements within the right-of-way would be relocated to the extent they conflict with implementation of bringing passenger rail service within a 45-foot"rail reservation" area along the Pacific Electric right-of-way(formally known as the Baldwin Park Branch right of way).

On August 9, 2024, staff received a letter from SBCTA which stated that their May 18, 2022, approval was "based on their understanding that the Urban Plaza/Trailhead was never envisioned nor designed to be a `park". SBCTA's Policy 31602 regarding grant of use on SBCTA property requires that the Executive Director find that a proposed use does not create a park or recreational use of their property subjecting the property to Section 4(f) as set forth in 49 USC §303, 23 USC §138, and/or 23 CFR §774; or otherwise change the nature of the primary use of SBCTA's property. Section 4(f)refers to the section in the U.S.Department of Transportation Act of 1966,which provided for consideration of park and recreation lands,wildlife,and waterfowl refuges,and historic sites during the development of transportation projects. Section 4(f) stipulated that federal agencies cannot approve the use of land from a significant publicly owned park,recreation area,wildlife or waterfowl refuge, or any significant historic site unless there is no feasible and prudent alternative to the use of land,and the action includes all possible planning to minimize harm to the property resulting from use. Thus,SBCTA believes that Section 4(f)as applied to the Urban Plaza would potentially either preclude or make it difficult to obtain federal funding to implement rail service on this 20-mile stretch of the Pacific Electric right-of-way.

Staff expressed to SBCTA prior to their formal letter that the project was never envisioned nor designed to be a park.

Rather,the Urban Plaza was designed to be an urban space for the Downtown visitors to congregate and as a trailhead

for cyclists and pedestrians using the Pacific Electric Trail to stop, rest, and/or use the restroom. Also, the design specifically did not include grass areas or play areas with tot lot equipment,to prevent kids from playing in this area and crossing over the Pacific Electric Trail and possibly being hit and injured by passing cyclists.

The August 9th letter from SBCTA withdrew their consent for the construction of the Urban Plaza subject to SBCTA seeking an outside legal opinion regarding the risk that the Urban Plaza posed to SBCTA's property in the context of Section 4(f). Subsequently after consultation with an outside opinion, SBCTA notified staff that a path forward for the Urban Plaza project was identified which may allow the City to construct the Urban Plaza subject to SBCTA Board of Directors approval and acceptance of SBCTA's concern that the Urban Plaza improvements could subject the Baldwin Park Branch Right of Way to Section 4(f)requirements,and if the City agrees to following:
• SBCTA and the City each independently adopt a resolution affirming that the Baldwin Park Branch Right of Way is designated for future transportation use and that other uses,such as the Urban Plaza,are an interim use only.
• Concurrent with the foregoing, SBCTA and the City formally amend the License Agreement, to reference each agency's respective resolutions, affirming that the property is for transportation use and that the Urban Plaza is an interim use that will be discontinued at such time the property is developed for its ultimate transportation use.
• The License Agreement to be amended to specifically address the Urban Plaza as an improvement which is subject to the exception found in 23 CFR § 774.11(h),that the Urban Plaza use is not significant as that term is used in Section 4(f), and that the City agrees that SBCTA is relying on the City's representations in entering into the Amended License Agreement and the City will not later dispute this. • The City agrees to post signs on the property stating something to the effect the Urban Plaza is pursuant to a license agreement and the land is for transportation purposes.

ISSUES AND ANALYSIS
In accordance with the preceding measures, staff prepared Resolution No. 6810 in which the City of Upland affirms the Pacific Electric Trail right-of-way (formally known as the Baldwin Park Branch right of way) owned by San Bernardino County Transportation Authority is reserved for a future transportation facility and any other uses of the property are interim uses only. Further, Resolution 6810 states that the City of Upland acknowledges that any activities or uses of the Pacific Electric Trail right-of-way which function as a park, recreation, or wildlife and waterfowl refuge purposes are interim activities which,regardless of duration,will not subject the property to Section 4(f).

In addition, SBCTA has prepared Amendment No. 2 to the License Agreement between SBCTA and the City of Upland for City Council's consideration and approval. The Amendment references each agency's respective resolutions affirming that the property is for transportation use and explicitly identifying the urban plaza as an interim use that will be discontinued at such time the property is developed for its ultimate transportation use. Also, the Amended License Agreement specifically addresses the Urban Plaza as an improvement subject to an exception to Section 4(f),found in 23 CFR§774.11(h),and that the Urban Plaza is not"significant"as defined in Section 4(f),and that the City agrees and acknowledges that SBCTA is relying on the City's representations in entering into the Amended License Agreement and that the City will not later dispute these representations.

The City Attorney has reviewed Resolution No.6810 and Amendment No.2 to the License Agreement and has signed off as to form and content. The SBCTA Transit Committee is scheduled to review SBCTA's Resolution and Amended License Agreement at their meeting on December 12,2024, and provide a recommendation to the SBCTA Board of Directors who is scheduled to review the documents at their January 2025 meeting. Approval of both documents by the City Council and SBCTA Board of Directors is required to enable the Urban Plaza to be constructed on the 0.69- acre of SBCTA's right-of-way.

ENVIRONMENTAL DETERMINATION
The subject Council Resolution and Amended License Agreement are exempt from the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. Further,on March 28,2022,the Urban Plaza project was determined to be Statutorily Exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines (Class 3 New Construction or Conversion of Small Structures),in that the project involves the installation of small equipment, landscaping and hardscaping,and associated stormwater infiltration improvements on a 0.69-acre property.

FISCAL IMPACTS
There is no fiscal impact associated with this action. On April 25,2022,the City Council approved the Urban Plaza project with available funds in Quimby Account No. 4217500-5540-82338 ($1,060,000) and HUD Account No. 2407500-5258-82338($800,000).

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

RESOLUTION NO. 6810

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AFFIRMING RESERVATION OF

PACIFIC ELECTRIC TRAIL FOR A FUTURE

TRANSPORTATION FACILITY AND ANY OTHER USES OF THE

PROPERTY ARE INTERIM USES ONLY
WHEREAS, San Bernardino County Transportation Authority (SBCTA) purchased the railroad right of way known as the Baldwin Park Branch (San Bernardino County), (herein referred to as "ROW") from the Southern Pacific Transportation Company in 1991, pursuant to Instruments 1991-0130995 and 1991- 0130996, recorded April 19, 1991, in Official Records of the County of San Bernardino, State of California; and
WHEREAS, SBCTA's policy concerning the ROW is that it is for rail transit purposes and, although immediate implementation of rail services is not planned, SBCTA does not wish to permit any activity which would either preclude or make difficult the future implementation of rail service on the ROW; and WHEREAS, SBCTA's policy concerning the ROW encourages compatible uses within the right of way which further public purposes and improve the quality of life; and
WHEREAS, SBCTA and the Cities of Claremont, Montclair, Upland, Rancho Cucamonga, Fontana, and Rialto developed the Pacific Electric Inland Empire Trail Master Plan, dated November 2000, as a planning document for trail use within the ROW, which maximizes the quality and benefit to communities and minimizes maintenance requirements, while maintaining a 45-foot-wide area reserved for future rail corridor; and
WHEREAS, the City of Upland and SBCTA entered into a license agreement, dated September 1, 2003, and subsequently amended January 14, 2005, for a portion of the ROW which allows the City of Upland to locate and maintain trail improvements within the ROW; and
WHEREAS, the City of Upland and SBCTA have always taken the position that the ROW is reserved for future transportation facilities and any function for park, recreation, or wildlife and waterfowl refuge purposes in the interim are interim uses only, regardless of duration.

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

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

Section 2. The City of Upland formally affirms that the Baldwin Park Branch right of way purchased by SBCTA from the Southern Pacific Transportation Company, as more particularly described in Instruments 1991-0130995 and 1991-0130996, recorded on April 19, 1991, in Official Records of the County of San Bernardino, is

Resolution No. 6810

reserved for a future transportation facility and any other uses of the property are interim uses only.

Section 3. The City of Upland declares that any activities or uses of the aforementioned Baldwin Park Branch right of way which function as a park, recreation, or wildlife and waterfowl refuge purposes are interim activities which, regardless of duration, will not subject the property to Section 4(f), as described in Title 23, Chapter I, Subchapter H, Part 774, Section 774.11, Subsection (h) of the Code of Federal Regulations (23 CFR 774.11(h)).

Section 4. California Environmental Quality Act (CEQA). The Project is exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15378 because the action is not considered a Project as it is an activity that will not result in direct or indirect physical changes in the environment.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 9th day of December, 2024.

Bill Velto, Mayor
I Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 9th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

LICENSE AMENDMENT No. 2
For SBCTA Contract No. 25-1003216 (File: RBPK001855)
This AMENDMENT is made and entered into as of the date executed by SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, formed and existing pursuant to Public Utility Code §§130800 et seq. ("SBCTA"), and the City of Upland, a city municipality("LICENSEE").

RECITALS:

SBCTA and LICENSEE are parties to a license agreement commencing September 1, 2003, known to SBCTA as Contract No. 25-1003216 (File: RBPK001855), together with the first amendment agreement thereto, dated January 14, 2005, being hereinafter referred to as the "Original License", the basic terms of which are provided in Part I thereunder.

The parties desire to modify the Original License as hereinafter provided, effective the date the last Party signs it. Except as specifically amended by this Amendment, all other provisions of the Original License shall remain in full force and effect.

AMENDMENT TERMS:

It is mutually agreed that the Original License is hereby changed, as follows:

I. DELETE each instance of"SAN BERNARDINO ASSOCATED GOVERNMENTS" and "SANBAG" and REPLACE with "SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY" and"SBCTA,"respectively.

II. DELETE the preamble preceding Part I Basic License Provisions and REPLACE as follows:
4 4 LICENSE AGREEMENT
WHEREAS, in 1991 SBCTA purchased the railroad right of way known as the Baldwin Park Branch right of way from the Southern Pacific Transportation Company as one of two alternative rail corridors; and
WHEREAS, SBCTA Resolution No. 25-057 affirms that the Baldwin Park Branch right of way is formally reserved for a future transportation facility; and WHEREAS, all non-transportation facility uses of the Baldwin Park Branch right of way are interim activities,such that they will not subject the property to Section 4(f) as described in 23 CFR 774.11(h); and
WHEREAS, SBCTA encourages compatible uses within the right of way which further public purposes and improve the quality of life; and Bicycle and Pedestrian Pathway License Agreement SBCTA Contract No:25-1003216(File:RBPK001855) City of Upland Amendment No.2

WHEREAS, the City of Upland Resolution No. 6810 acknowledges the Baldwin Park Branch right of way is formally reserved for a future transportation facility and that non-transportation facilities are interim uses.

NOW THEREFORE be it agreed that this LICENSE AGREEMENT ("Agreement")is made and entered into as of September 1,2003,by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, pursuant to California Public Utility Code §§130800 et seq. ("SBCTA"), and the CITY OF UPLAND ("LICENSEE"), upon and in consideration of the agreements, covenants terms, recitals above, and conditions below:" III. DELETE Part I, Basic License Provisions, Item 2, and REPLACE as follows:
"2. Use of License Property:

Construction, maintenance, and use by the public of a bikeway and pedestrian walkway and associated landscaping and appurtenances, including a trailhead/urban plaza located between 2nd Avenue and 3rd Avenue depicted in Exhibit A-3. LICENSEE's use of the property is an'interim activity, subject and subordinate to the formal reservation of the licensed property for a future transportation facility. (§1.1, §10)"
IV. ADD Exhibit A-3, Tom Thomas Magnolia Plaza Plan attached hereto as Attachment 1 and incorporated herein.
[Si atures on following page]
Bicycle and Pedestrian Pathway License Agreement SBCTA Contract No:25-1003216(File:RBPK001855) City of Upland Amendment No.2

IN WITNESS WHEREOF, this AMENDMENT was duly executed by the LICENSEE and SBCTA on the dates below and is effective as the date executed by SBCTA.

LICENSEE: SBCTA:

CITY OF UPLAND, a municipal city SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a
county transportation authority pursuant
to Public Utility Code §§130800 et seq.

By: By:

Name: Bill Velto Name: Ray Marquez
Title: Mayor, City of Upland Title: President Date: Date:

ATTEST: Approved as to Form:

By: By:

Keri Johnson Julianna K. Tillquist
City Clerk eneral Counsel
Approved as to Form:

By: y
Stephen Deitsch
City Attorney
Bicycle and Pedestrian Pathway License Agreement SBCTA Contract No:25-1003216(File:RBPK001855) City of Upland Amendment No.2

ATTACHMENT 1
For SBCTA Contract No. 25-1003216 Amendment No. 2
Exhibit A-3 — Tom Thomas Magnolia Plaza Plan
4 ...EINI ,,i'llilY*
Bicycle and Pedestrian Pathway License Agreement SBCTA Contract No:25-1003216(File:RBPK001855) City of Upland Amendment No.2

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PLANT PALETTE:

FEATURE LEGEND : 14 Landscape Boulders / Prescast "Pebbles" for 28 Existing Utility (Irrigation Backflow) to Remain.

Informal Seating. TREES

SHRUBS AND GROUNDCOVER
CD Primary Entry to Plaza with Entry Arched 29 Existing Asphalt Pacific Electric Bike Trail to Gateway Signage and Stone Veneered Columns. 15 Existing Private Yard Access Gate to Remain. Remain. BACKGROUND

EXISTING OAK TO REMAIN
2 Safety 1 Traffic Control Bollards. Stone Veneered Block Wall to Remain. 30 Existing Obelisk Trail Indicator with Directional Arbutus unedo 'Compacta' • Dwarf Strawberry Tree 16 ExistingRemain. Baccharis p. 'Twin Peaks' Coyote Bush Plaque to Quercus agrifolia � Coast Live Oak 3 Existing Building Wall. SeatingArea with Picnic Table and Callistemon v 'Little John Dwarf Bottlebrush 6 17 Covered
Trash Receptacle. 31 Existing Restroom Building with Drinking Carpenteria 'Elizabeth' • Bush Anemone p
4 Colored Concrete Paving. Fountains to Remain. Cistus species • Rockrose

EXISTING PINE TREESTO REMAIN
Seating Area. Philadelphus lewesii • Mack Orange Concrete Platform / Stage for 18 Bench S g
5 Raised g ED Cantilevered Overhead Shade Structures Rhamnus californica • Coffeeberry Performances with Accessible Ramp and Stairs 1 g Citrus Lemon Grove in Angular Gravel Mulch (3 Total) with Picnic Table Seating Beneath. (Approx. 500 Sq. Ft.) Layer. Grove Provides Buffering from Existing MIDGROUND Private Residential Building. g Low Seat 1 Barrier Wall with Stone Veneer and LEMON TREE LEMON GROVE TREES 6 Performance Plaza for Gatheringwith Large Concrete • Ca . Lavatera assurgentiflora Tree Mallow p g
Shade Tree and ADA Compliant Tree Grate. 111 Muhlenber is dubia • Pine Muhly p 2D Cornhole Gaming Area with Concrete Play � Salvia species • Sage 34 Recycled Plastic Wood Pedestrian Bridge. Eureka � Beards. � 4 Juncus patens 'Elk Blue' • California Grey Rush �'J Low Wall with Stone Veneering and Concrete Improved Meyers Lemon Cap at Stage. j Drought Tolerant I Native Planting with 35 Bike Station with Bike Rack, Repair Station Niihr ,, Ponderosa (Pump I Tools / Etc.) and Trail Head Signage FOREGROUND Pilaster with Steel Post for Tivoli Lights Landscape Boulders. � p ®8 Columng Kiosk.

Support and Connection. © Secondary Entry Gateway Columns with Signage PLAZA SHADE TREES Achilles x. 'Moonshine' • Yarrow Carex tumuMoo Berkeley Sedge
into Urba
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May 18, 2022
Robert Dalquest
Development Services Director
City of Upland
460 North Euclid Avenue
Upland, CA 91786
Subject: Trail Head under License Agreement RBPK-1855
Dear Mr. Dalquest,
Thank you for the copy of City of Upland Resolution No. 6645 adopted March 28, 2022 and the accompanying staff report. Pursuant to the provisions of License Agreement RBPK-1855 between SBCTA's predecessor, the San Bernardino Associated Governments, and the City of Upland (City), dated September 1, 2003, for the construction, maintenance, and use by the public of a bikeway and pedestrian walkway and associated landscaping and appurtenances on the Baldwin Park Branch right of way,the construction of the trail head/urban plaza improvements appurtenant to the previously consented prefabricated restroom facility in the Baldwin Park Branch right of way between Second Avenue and Third Avenue in Downtown Upland will be a benefit to members of the public using the licensed bikeway and pedestrian walkway and falls within the use licensed to the City as an appurtenance thereto. SBCTA consents to the construction of said trail head / urban plaza improvements which are appurtenant to the prefabricated restroom facility on the express understanding that this facility is located pursuant and subject to License Agreement RBPK-1855 and any improvements located will be relocated to the extent which they conflict with implementation of passenger rail service within the 45 foot rail reservation area identified in the Pacific Electric Inland Empire Trail Master Plan dated November 2000 at such time as a project to implement passenger rail service within the Baldwin Park Branch right of way provides the City notice that the right of way is needed for the same.

Should you have any questions please contact me at(909) 884-8276 x199.

Sincerely,
Ry n Aschenbrenner
Right of Way Manager
San Bernardino County Transportation Authority
1170 W Third St, Second Floor
San Bernardino,CA 92410-1715
Cc:

Victor Lopez, Deputy Director of Transit & Rail Programs—Capital Delivery, SBCTA 1170 W.3rd Street,2nd Floor goSBCTA-com 909.884.8276 Phone San Bernardino,CA 92410-1715 PLAN. BUILD. MOVE 909.885.4407 Faxge 150 of 389

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STAFF REPORT
DATE: MARCH 28, 2022
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDERATION OF THE DESIGN FOR THE NEW DOWNTOWN URBAN PLAZA ON 0.69 ACRE LOCATED BETWEEN SECOND AVENUE AND THIRD

AVENUE, ADJACENT TO THE PACIFIC ELECTRIC TRAIL, AND DISCUSSION

ON THE COMMEMORATIVE NAMING OF THE DOWNTOWN URBAN PLAZA AFTER TOM THOMAS AND THE BAND STAGE AFTER ROMAN "ROACH"

FORONDA

RECOMMENDED ACTION
It is recommended that the City Council adopt the Resolution approving the design for the new Downtown Urban Plaza, and direct staff to bring back a Resolution approving the commemorative naming of the Urban Plaza and the band stage and approving a funding plan for design and construction of the project.

GOAL STATEMENT
The proposed action supports the goals of the Historic Downtown Upland Specific Plan by providing public space to improve the visual aesthetics of Downtown and serve as an urban space for residents and visitors to gather and enjoy the Downtown environment and services.

BACKGROUND

As part of the Development Services Department's multipronged effort to revitalize the Downtown and improve the public realm, staff created a concept to develop a vacant infill lot along the north and south sides of the Pacific Electric Trail, between Second Avenue and Third Avenue as a new public urban space for Downtown. The project site is 0.69 acre in size and is part of the right-of-way for the Pacific Electric Trail and owned by the San Bernardino County Transportation Authority (SBCTA). The City of Upland owns a revocable License Agreement with SBCTA which permits the City to design and construct improvements along the Pacific Electric Trail.

Unlike many historic downtowns, Upland's downtown lacks a central public urban space. The proposed Downtown Urban Plaza will be utilized as a social gathering area, holiday celebrations, small concerts, and to promote local history and art. The site is also ideal to serve as a quasi trailhead for Upland's segment of the Pacific Electric Trail, which will encourage bike riders and pedestrians to stop in Downtown to rest and/or have a bite to eat. The new Urban Plaza will encourage more pedestrian traffic to Downtown, thereby helping to promote a pedestrian- oriented environment. It will also contribute to branding the Downtown and provide social and economic benefits that will help revitalize the Downtown.

Initially, Staff sought input from Downtown stakeholders, and presented the project's conceptual improvements in a meeting with Historic Downtown Upland Merchants, Upland Chamber of Commerce, and Upland Heritage. The stakeholders unanimously were in support of the concept and the conceptual improvements.

On September 2, 2020, staff presented the conceptual project to the Council Advisory Committee to obtain their comments and recommendations. The Committee voted unanimously to recommend the City Council proceed with the project.

On September 14, 2020, the City Council directed staff to proceed with the design and development of the new Urban Plaza in Downtown. And on May 26, 2021, the Planning Commission reviewed the design of the Urban Plaza and unanimously were in support of the project and the design.

ISSUES /ANALYSIS
Staff entered into a professional services agreement on December 14, 2020 with Architerra Design Group to design the project and provide a cost estimate. The scope of work included two workshops to seek input from the public on February 17, 2021, and March 17, 2021. The proposed design of the new Urban Plaza incorporates the comments and suggestions received through this public outreach process. The following summarizes the design elements of the proposed Urban Plaza:
• Primary entry feature into the Urban Plaza along Second Avenue will contain an arched entry supported by stone veneered columns;
• Raised concrete stage for performances;
• A performance plaza for gatherings with two large shade trees within tree wells and decorative grates;

• The surface of the urban plaza is a combination of colored concrete paving and etched paving illustrating historic points of interest within the performance plaza area and decomposed granite paving with concrete curb edges throughout; • Performance plaza will contain a commemorative "1906" bronze inlay and decorative donor brick banding;
• Column pilasters that support overhead lights within the performance plaza area; • Bike station with bicycle racks and repair station (pump, tools, etc.) and trailhead signage kiosk;
• Numerous light pole standards on a column base;
• Multiple covered seating areas with picnic tables and trash receptacles; • Small lemon grove planted in an angular pattern to buffer the existing single-family dwelling adjacent on the north along Third Avenue;
• Dry streambed/rain garden with cobblestones, landscape boulders and native plants for storm water infiltration, and a small bridge spanning the dry streambed; • Multiple stone veneered seatwalls with concrete cap and bench seating throughout plaza; • Ribbed paving indicators at bike path entrances into the plaza to slow down bicycle traffic;
• Street frontages along Second Avenue and Third Avenue contain mortared cobble paving with landscape boulders for vehicle barriers; and
• Permanent traffic safety bollards at the north and south ends of the alley to prevent cars from driving through the plaza.

Attached as Exhibit 2 is the proposed design of the Urban Plaza and Exhibit 3 provides a conceptual materials board for the Council's review.

COMMEMORATIVE NAMING
The Mayor indicated to staff that he would like to discuss at the meeting the commemorative naming of the Urban Plaza after Tom Thomas and the band stage after Roman "Roach" Foronda to recognize their distingiused and/or significant contributions to the community. Resolution No. 6105 was adopted in 2012 and provides guidelines and procedures for the naming of public parks and facilities, and the placement of memorial objects within the public parks and facilities (See Exhibit 5). Final approval of all naming is the responsibility of the City Council by Resolution. Resolution No. 6105 lays out the nomination and procedural process intended for the general public and City staff; however, the Mayor and City Council can discuss this matter and provide direction to staff on the commemorative naming and are not subject to the process laid out in the Resolution.

ESTIMATED COSTS AND FUNDING
Attached as Exhibit 4 is a detailed, itemized cost estimate of the Downtown Urban Plaza improvements. A summary of these costs is depicted below:

Estimated Costs:

Landscape and amenities construction: $976,012

Landscape Planting: $71,360
Irrigation System: $33,387
Maintenance: $3,874
Subtotal: $1,084,633
15% Contingency: $162,695
33% Prevailing Wage Factor: $411,618
Total Estimated Costs: $1,658,946
Preparation of construction plans and specifications (12% of project Costs):
$200,000 (Rounded)
Grand Total: $1,860,000 (Rounded)
In terms of Funding the project, Staff received official notification from Congressman Aguilar's Office on approval of the City's Community Project Funding grant application in the amount of $1 Million for the "Downtown Upland Main Street Economic Recovery and Revitalization Project.

Staff proposes to use a majority of this grant for the Urban plaza (Phase I) and leave a balance to initiate some of the other improvements in the project grant (Phase II).

Park Development Fees (Quimby Fees) are also available to use to fund construction of the Urban Plaza. Currently, there is approximately ±$8 Million (Unencumbered) in the Park Development Fund. Of this amount, approximately $1.8 Million was collected from the William Lyon Residential Project on Sultana Avenue and 8th Street. This project consisted of ±210 dwelling units and is within a half-mile radius of the Urban Plaza and considered within the same neighborhood. Section 66477 of the State Government Code (Quimby Act) specifies that Park Fees may be used for developing a new or rehabilitating an existing park, recreational facilities or open space provided the City Council holds a public hearing and specific findings can be met before using the fees.

Lastly, the City Council approved an American Rescue Plan Act (ARPA) Investment Plan in 2021. Several projects were budgeted in the Downtown which included $625,000 for the "small business rental assistance" project for those businesses that are behind in their rent due to the impact of COVID. This is far more than what is needed for this project, and staff will look at potentially reprogramming some of these funds to assist in funding the Urban Plaza. Staff intends to bring back a Funding Plan the second meeting in April for the City Council's approval.

ENVIRONMENTAL DETERMINATION
This project is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 New Construction or Conversion of Small Structures), in that the project involves the installation of small park and trail equipment, landscaping and hardscaping, and associated stormwater infiltration improvements. None of the exceptions to the Class 3 exemption apply, as the project would not impact an environmental resource of hazardous or critical concern. There are no cumulative impacts, as

the new Urban Plaza is a passive park and would not be developed in the same place over time.

There are no unusual circumstances surrounding the project site and the project would not damage resources within a state scenic highway, is not located on a hazardous waste site, and would not impact the significance of a historical resource as the site is currently vacant.

In addition, the project is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

This provision is the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

FISCAL IMPACTS
The proposed Downtown Urban Plaza will be funded in whole from the Community Project Funding Grant, Park Development Fees (Quimby Fees) and/or ARPA funding. No general plan funds would be expended to design and construct the new Urban Plaza.

ALTERNATIVES
The City Council may provide staff with alternative direction.

ATTACHMENTS
Exhibit 1: City Council Resolution
Exhibit 2: Design of New Urban Plaza
Exhibit 3: Materials Board
Exhibit 4: Construction Costs of Improvements
Exhibit 5: Copy of Resolution No. 6105

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°, CITY OF UPLAND 40 1 V..
, UPLAND DOWNTOWN URBAN PLAZA - PRELIMINARY CONCEPTUAL SKETCH • tarosfi UPLAND,CALIFORNIA ~7b� ,„

RESOLUTION NO. 6645

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA APPROVING THE DESIGN FOR THE
DOWNTOWN URBAN PLAZA ON 0.69 ACRE LOCATED

BETWEEN SECOND AVENUE AND THIRD AVENUE, AND

ADJACENT TO THE PACIFIC ELECTRIC TRAIL
WHEREAS, in 2011 the City Council adopted the Historic Downtown Upland Specific Plan which encompasses 210 acres and serves to guide the future development within the Downtown area; and
WHEREAS, an Environmental Impact Report (State Clearinghouse No. 2009111055) was prepared and adopted by the City Council in conformance with Section 21000 et seq of the California Environmental Quality Act (CEQA) and Section 15000 et seq of the CEQA Guidelines for the Historic Downtown Upland Specific Plan; and
WHEREAS, implementation of the Historic Downtown Upland Specific Plan is intended to revitalize the Downtown and create a mixed-use, pedestrian-oriented environment where people live, work, shop, dine and engage in cultural and recreational activities; and
WHEREAS, Goal 5 of the Historic Downtown Upland Specific Plan is to create open space and recreational opportunities in Downtown; and WHEREAS, Objective 5.1 provides for a system of parks, green alleys, plazas, open space, and recreational facilities that serve the needs of present and future Downtown residents, employees, and visitors; and
WHEREAS, Policy 5.1.1 provides that the City shall locate and design plazas, parks, and open spaces so they are accessible and provide a range of activities suitable for a Downtown environment; and
WHEREAS, Action 5.1.4 provides for an enhanced Pacific Electric Trail with shade trees, native landscaping, pedestrian amenities, pocket parks and connections to public alleys and adjacent neighborhoods; and
WHEREAS, the City of Upland has designed an urban plaza on a 0.69 acre vacant lot located along the Pacific Electric Trail, between Second Avenue and Third Avenue within the Trail right-of-way owned by the San Bernadino County Transportation Authority; and
WHEREAS, the City of Upland owns a revocable license agreement which permits the City to design and construct improvements along the Pacific Electric Trail within the City of Upland; and
WHEREAS, the design of the Downtown Urban Plaza and improvements comply with the goals and policies of the Historic Downtown Upland Specific Plan.

Resolution No. 6645

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows;
Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council approves the design for the Downtown Urban Plaza, as provided in the City Council Staff Report, dated March 28, 2022.

Section 3. The project is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 New Construction or Conversion of Small Structures), in that the project involves the installation of small park structures and appetences, landscaping and hardscaping, and associated stormwater infiltration improvements within the existing right-of-way of the Pacific Electric Trail on a 0.69 acre vacant lot for the development an urban plaza in the Downtown area. None of the exceptions to the Class 3 exemption apply, as the project would not impact an environmental resource of hazardous or critical concern. There are no cumulative impacts, as the new Urban Plaza is a passive park and would not be developed in the same place over time.

There are no unusual circumstances surrounding the project site and the project would not damage resources within a state scenic highway, is not located on a hazardous waste site, and would not impact the significance of a historical resource as the site is currently vacant. In addition, the project is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. This provision is the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Project concerns only small park structures and appetences, landscaping and hardscaping, and associated stormwater infiltration improvements within the existing right-of-way of the Pacific Electric Trail on a 0.69 acre vacant lot for the development an urban plaza in the Downtown area.

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

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

Section 6. The City Council directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino within five working days of the passage and adoption of the Resolution.

Resolution No. 6645

Section 7. The Development Services Director is the custodian of the project records, and the administrative record can be found at City Hall, located at 460 N.

Euclid Avenue, Upland, CA 91786.

Section 8. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of March, 2022.

Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of March, 2022, by the following vote:

AYES: Mayor Velto, Councilmembers Maust, Elliott, Garcia, Zuniga NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:

Keri John on, Ci Cleri

File#RBPK001855

AMENDMENT AGREEMENT
#
AMENDMENT AGREEMENT, made as of this / day of Ji 'a r— , 200.a between the San Bernardino Associated Governments, a public agency existing under theauthority of the laws of the State of California, hereinafter referred to as "SANBAG", and the City of Upland, a city municipality,hereinafter, whether one party or more, referred to as"Licensee".

RECITALS:

SANBAG and Licensee are now parties to a contract dated September 1, 2003, SANBAG's Contract number RBPK001855, together with any and all modifications, supplements and amendments thereto, being hereinafter referred to as "Original Contract", for the use of a portion of the SANBAG property located in the City of Upland, County of San Bernardino, for"Construction, maintenance, and use by the public of a bikeway and pedestrian walkway and associated landscaping and appurtenances only, and no other uses".

The parties desire to modify the Original Contract as hereinafter provided.

AGREEMENT:

It is mutually agreed that, effective December 15, 2004, the Original Contract is hereby changed as follows:

I. Part 1,Basic Lease Provisions

1. Description of Premises:

Is DELETED in its entirety, and is REPLACED in as follows:
"The Baldwin Park Branch right of way, from Monte Vista Ave. on the west, to Grove Ave. to the east, in the Cities of Upland and Montclair, County of San Bernardino, State of California, as shown on attached Exhibit A, dated 8/4/03, and Exhibit A-2, dated 12/9/04.

Approximate area:

Milepost 516.15 +I- (Monte Vista Ave)to milepost 520.24+l- (Grove Ave).

Excluding areas subject to Lease,License,Easement, or other Agreement.

Except as specifically amended by this "Amendment Agreement" (effective December 15, 2004), all other provisions of the Original Contract shall remain in full force and effect.

SANBAG Amendment Agreement

IN WITNESS WHEREOF, the parties hereto have executed this Amendment Agreement in duplicate as of the day and year first above written.

SANBAG:

San Bernardino Associated Governments
{�ff -
By: , .: a'- (. 1
Name: Velma C. Marshall
Title: Director of Real Estate
For: Los Angeles County Metropolitan Transportation Authority As: Agent for SANBAG
LICENSEE:

City of Upland
By: 1 6-u
Name: Rob Turner
Title: Public Works Director
SANBAG Amendment Agreement

R j
File: RBPK001855

LICENSE AGREEMENT

BETWEEN

SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND

CITY OF UPLAND

File: RBPK001855

LICENSE AGREEMENT
This LICEN E AGREEMENT ("Agreement") is made and entered into as of 6'op-l&mk, , 2003 by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the authority of the laws of the State of California ("SANBAG"), and the CITY OF UPLAND (''LICENSEE"), upon and in consideration of the agreements, covenants, terms and conditions below:

PART I

BASIC LICENSE PROVISIONS

1. Description of License Property:

The Baldwin Park Branch right of way, from Euclid Ave. on the west, to Grove Ave. to east, in the City of Upland, County of San Bernardino, State of California, as shown on attached Exhibit A.

Approximate area:
434,276 ÷1- Square Feet (§1.1)

2. Use of License Property:

Construction, maintenance, and use by the public of a bikeway and pedestrian walkway and associated landscaping and appurtenances only, and no other uses (§1.1, §10)

3. Commencement Date:

September 1, 2003 (§1.2)

4. Term (circle one):

Month to montr
BB 15 years, ending August 31, 2018. License shall automatically extend one (1) additional year at the end of the initial term, and shall continue to automatically extend one (1) year at a time at the end of each years term, unless canceled by SANBAG as provided in Section 1.2 on twelve (12) months prior notice. - (§1.2)

5. License Fees:

A. Base License Fee:
$0 per month, payable (circle one):
b. Monthly in advance (§2.1)
B. Additional License Fee:
a. One time fee: N/A
b. Other fees: N/A (§2.1)
MIA License Agreement—SANBAG Version Up1.tn etY1-66sCif 389

l
1 C. Base License Fee Adjustment Dates (Circle, if applicable) a. Annually-timed on CPI
(§2.2)

6. Insurance Amount (See Exhibit "B") (§16)

7. SANBAG's Address:

SAN BERNARDINO ASSOCIATED GOVERNMENTS
One Gateway Plaza - 13th Floor
Los Angeles, CA 90012-2952
Attn: Director of Real Estate (§24.1)

8. Licensee's Address:

City of Upland
Attn: Alex Quishta
460 N. Euclid Ave.

Upland, CA 91786-4732 (§24.1)

9. Facility:

Bicycle path and pedestrian walkway, trash receptacles, drainage facilities, irrigation system, all landscaping materials, whether planted as part of this project or pre-existing and allowed to remain in place by Licensee, and other appurtenant improvements. (§1.1) The foregoing Basic License Provisions and the General License Provisions set forth in attached Part II are incorporated into and made part of this Agreement.

MTA License Agreement—SANBAG Version Uglataiil��+yl sOf 389 zed

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above.

SANBAG:

SAN BERNARDINO ASSOCIATED GOVERNMENTS
By:: ,L1444--(75"6-5/66(---c
Name: Velma C. Marshall
Title: Director of Real Estate
For: Los Angeles County Metropolitan Transportation Authority As: Agent for SANBAG
LICENSEE:

CITY OF UPLAND
By: 120 1J"
. .............
- Name:

Title:

MTA License Agreemein-SANBAG Version UpianRagoyt@c5sof 389

INDEX TO LICENSE AGREEMENT - PART II
Section Page

1. GRANT OF LICENSE/TERM 1

2. PAYMENTS 1

3. TAXES 2

4. CONSTRUCTION 2

5. CONTRACTORS; APPROVAL AND INSURANCE 2

6. REIMBURSEMENT. 3

7. LIENS 3

8. MAINTENANCE AND REPAIR 3

9. LANDSCAPING 3

10. USE 3

11. ABANDONMENT 3

12. BREACH 4

13. SURRENDER 4

14. INDEMNIFICATION

15. ASSUMPTION OF RISK AND WAIVER 5

16. INSURANCE 5

17. TESTS AND INSPECTIONS 5

18. HAZARDOUS/TOXIC MATERIALS USE AND INDEMNITY 5

19. UNDERGROUND STORAGE TANKS 6

20. SUBORDINATE RIGHTS 6

21. COMPLIANCE WITH LAWS 6

22. CONDEMNATION 7

23. MARKERS 7

24. GENERAL PROVISIONS 7
Exhibits:
"A" License Property
"B" Insurance Requirements
"C" Permitted Hazardous Materials -
"D" Additional Provisions
MTA License Agreement—SANBAG Version uplar+a aQ®ay1t6€iQ f 389 1V FR4

PART II - GENERAL LICENSE PROVISIONS

1. GRANT OF LICENSE/TERM

1.1 Grant of License. SANBAG hereby grants a non-exclusive license to Licensee in, on, over, under, across and along the real property of SANBAG in the location shown in the diagram attached hereto as Exhibit A and described in Item 1 of the Basic License Provisions (the "License Property"), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Facility described in Item 9 of the Basic License Provisions, and any usual, necessary and related appurtenances thereto (the"Facility"),for the purposes described in Item 2 of the Basic License Provisions, together with rights for access and entry onto the License Property as necessary or convenient for the use of the Facility. In connection with this grant of license,Licensee,its employees,agents,customers, visitors, invitees, licensees and contractors (collectively, "Licensee's Parties") subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SANBAG if necessary for the use of the Facility or the License Property, with the time and manner of such entry and access to be subject to SANBAG's prior written approval. The License Property, adjoining real property of SANBAG and personal property of SANBAG located thereon shall hereinafter collectively be referred to as "SANBAG Property".

1.2 Term of Agreement. The term of this Agreement shall commence on the "Commencement Date" specified in Item 3 of the Basic License Provisions. Unless a specific term of this Agreement is filled in at Item 4.B of the Basic License Provisions, or if Item 4.A is circled, this Agreement shall continue in full force and effect on a month-to-month basis as provided in Item 4.A of the Basic License Provisions until terminated by either party on thirty(30)days'prior written notice. If Item 4.B of the Basic License Provisions is filled in,then this Agreement shall be a License for the term specified in said Item 4.B; provided, however, that SANBAG shall have the right to terminate this Agreement after the initial 15 year term, by delivering twelve(12)months prior written notice to Licensee.

The term of this Agreement as provided above is referred to as the"Term".

1.3 Condition of License Property. Licensee acknowledges that it has inspected and accepts the License Property in its present condition as suitable for the use for which this Agreement is granted.

Execution of this Agreement by Licensee shall be conclusive to establish that the License Property is in good and satisfactory condition as of the Commencement Date.

2. PAYMENTS

2.1 License Fee. As consideration for the rights herein granted, Licensee agrees to pay to SANBAG the amount per month specified in Item 5 of the Basic License Provisions, as such amount may be adjusted as set forth in Section 2.2. If Item 5.B.a of the Basic License Provisions is circled, the one time fee noted therein shall be due and payable upon execution of this Agreement. If Item 5.B.b of the Basic License Provisions is circled, the fee noted therein shall be due and payable as indicated in that item. If Item 5.A.a of the Basic License Provisions is circled, an amount equal to twelve (12) times the Base License Fee, as such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable, without demand, annually in advance for the convenience of both parties, without affecting the Term of this Agreement as specified in Section 1.2. If Item 5.A.b of the Basic License Provisions is circled, the first month's Base License Fee noted therein shall be due and payable upon execution of this Agreement. Thereafter, the Base License Fee, as such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term, except that the Base License Fee for any fractional calendar month at the commencement or end of the Tenn shall be prorated on a daily basis.

2.2 License Fee Adjustment.

22.1 Annual CPI Adjustment. If Item 5.C.a of the Basic License Provisions is circled, then the Base License Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date(s) is provided in Item 5 of the Basic License Provisions (the "Adjustment Date"). The adjusted Base License Fee as of each Adjustment Date shall be the greater of the Base License Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction,the numerator of which is the CPI figure for the third month preceding the month during which the particular Adjustment Date occurs and the denominator of which is the CPI figure for the month that is three (3) months prior to the month containing the prior Adjustment Date or, if none, the Commencement Date. As used in this section, the"CPI"means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles/Riverside/Orange County, all items MTA License Agreement SANBAG Version Upland Bikeway License 1 Page 167` f 389

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(1982-84 = 100), published by the U.S. Department of Labor, Bureau of Labor Statistics, or if such index is no longer published, the U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above. If it is calculated from a base different from the base period 1982-84 = 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SANBAG.

2.2.2 Fair Market Adjustment. If Item 5.C.b of the Basic License Provisions is circled, then, at intervals of not less than three (3) years, the Base License Fee (as such fee may be adjusted by Section 2.2.1, above) payable under this Section 2 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the License Property as determined by SANBAG in good faith. Such increases shall be effective on an anniversary date of the Commencement Date. SANBAG shall give Licensee written notice of the date and amount of any such adjustment not less than thirty(30)days prior to the applicable anniversary date. If no adjustment is made on the third anniversary of the Commencement Date,an adjustment may nevertheless be made on a subsequent date and thereafter at intervals of not less than three(3)years apart.

2.3 Late Charge. Licensee acknowledges that late payment by Licensee of any payment owed to SANBAG under this Agreement will cause SANBAG to incur costs not contemplated by this Agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Therefore, if any payment due from Licensee is not received by SANBAG within five(5)days of when due,Licensee shall pay to SANBAG an additional sum of ten percent(10%) of the overdue payment as a late charge, up to a maximum amount of$500 for each late payment.

The parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SANBAG will incur by reason of a late payment by Licensee. Acceptance of any late payment charge shall not constitute a waiver of Licensee's default with respect to the overdue payment, nor prevent SANBAG from exercising any of the other rights and remedies available to SANBAG under this Agreement,at law or in equity, including,but not limited to,the interest charge imposed pursuant to Section 24.5.

3. TAXES
Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax, levied by any govenumental authority: (a) against the Facility, the License Property and/or any personal property, fixtures or equipment of Licensee used in connection _... therewith or(b)as a result of the Facility's operations.

4. CONSTRUCTION
Any work performed or caused to be performed by Licensee on the Facility or the License Property shall be performed (a) at Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including the SANBAG's rules and regulations),and (c) in a manner which is(i)equal to or greater than the then applicable standards of the industry for such work, and (ii) satisfactory to SANBAG. Prior to commencement of any construction, reconstruction, installation, restoration, alteration, repair, replacement or removal (other than normal maintenance) (hereinafter, "Work") on the License Property, Licensee shall submit work plans to SANBAG for review and approval. Any such Work must be carried out pursuant to work plans approved in writing by SANBAG. In addition, Licensee shall provide SANBAG with at least 10 calendar days' written notice prior to commencement of any Work on the License Property or the Facility, except in cases of emergency, in which event Licensee shall notify SANBAG's representative personally or by phone prior to commencing any Work: Unless otherwise requested by SANBAG, upon completion of any Work, Licensee shall restore the SANBAG Property to its condition immediately preceding the commencement of such Work.

5. CONTRACTORS;APPROVAL AND INSURANCE
Any contractors of Licensee performing Work on the Facility or the License Property shall first be approved in writing by SANBAG. With respect to such Work,Licensee shall, at its sole cost and expense,obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SANBAG, in the amounts and coverages specified on, and issued by insurance companies as described on, Exhibit"B". Additionally, Licensee shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or(ii) may, for any reason, need to enter onto the License Property to obtain and maintain in full force and effect during the Term of this Agreement,or throughout the term of such Work(as applicable), insurance, as required by SANBAG,in the amounts and coverages specified on,and issued by insurance companies as described on,Exhibit"B". SANBAG reserves MTA License Agreement—SANBAG Version Upland Bikeway License 2 Page 168rf 389

the right, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the Work to be performed on the License Property.

6. REIMBURSEMENT
Licensee agrees to reimburse SANBAG for all reasonable costs and expenses incurred by SANBAG in connection with Work on or maintenance of the License Property or the Facility, including, but not limited to, costs incurred by SANBAG in furnishing any materials or performing any labor, reviewing Licensee's Work plans and/or inspecting any Work, installing or removing protection beneath or along SANBAG's tracks, furnishing of watchmen, flagmen and inspectors as SANBAG deems necessary and such other items or acts as SANBAG in its sole discretion deems necessary to monitor or aid in compliance with this Agreement.

7. LIENS
Licensee will fully and promptly pay for all materials joined or affixed to the Facility or SANBAG Property, and fully and promptly pay all persons who perform labor upon said Facility or SANBAG Property.

Licensee shall not suffer or permit to be filed or enforced against the SANBAG Property or the Facility, or any part thereof, any mechanics', materialmen's,contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or Work,or out of any other claim or demand of any kind.

Licensee shall pay or cause to be paid all such liens,claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by SANBAG with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SANBAG from all obligations and claims made against SANBAG for the above described work, including attorney's fees. Licensee shall furnish evidence of payment upon request of SANBAG.

Licensee may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SANBAG in compliance with applicable California law. If Licensee does not discharge any mechanic's lien or stop notice for works performed for Licensee, SANBAG shall have the right to discharge same(including by paying the claimant)and Licensee shall reimburse SANBAG for the cost of such discharge within ten (10)business days after billing.

SANBAG reserves the right at any time to post and maintain on the SANBAG Property such notices as may be necessary to protect SANBAG against liability for all such liens and claims. The provisions of this section shall survive the termination of this Agreement.

8. MAINTENANCE AND REPAIR
Licensee, at Licensee's sole expense, shall maintain the License Property and the Facility in a first-class condition during the Term of this Agreement and shall perform all maintenance and clean-up of the License Property and the Facility as necessary to keep the License Property and the Facility in good order and condition, to SANBAG's satisfaction. If any portion of the SANBAG Property,including improvements or fixtures,suffers damage by reason of the access to or use of the License Property,by Licensee,Licensee's Parties or by Licensee's partners,officers or directors, including but not limited to damage arising from any tests or investigations conducted upon the License Property, Licensee shall, at its own cost and expense, immediately repair all such damage and restore the SANBAG Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, regrading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by Licensee or Licensee's Parties.

9. LANDSCAPING
SANBAG shall have the right to review and approve landscaping plans prior to installation.

All landscaping work shall be done in accordance with the provisions of Section 4 above.

10. USE
The License Property and the Facility shall be used only for the purposes specified in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto. No change shall be made by Licensee in the use of the License Property without SANBAG's prior written approval.

11. ABANDONMENT
Should Licensee at anytime abandon the use of the Facility or the License Property, or any part thereof, or fail at any time for a continuous period of ninety(90)days to use the same for the purposes contemplated MTA License Agreement-SANBAG Version Upland Bikeway License 3 Page 169 of 389

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herein, then this Agreement shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SANBAG shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued,without the encumbrance of this Agreement.

12. BREACH
Should Licensee breach, or fail to keep,observe or perform any agreement,covenant, term or condition on its part herein contained, then,in addition to any other available rights and remedies, SANBAG at its option may:
(a) perform any necessary or appropriate corrective work at Licensee's expense, which Licensee agrees to pay to SANBAG upon demand,or
(b) with or without written notice or demand, immediately terminate this Agreement and at any time thereafter, recover possession of the License Property or any part thereof, and expel and remove therefrom Licensee and any other person occupying the License Property by lawful means, and again repossess and enjoy the License Property and the Facility, without prejudice to any of the remedies that SANBAG may have under this Agreement, at law or equity by reason of Licensee's default or of such termination.

13. SURRENDER
Upon termination of this Agreement, unless otherwise requested in writing by SANBAG prior to the date of termination,Licensee,at its own cost and expense, shall immediately remove the Facility from the forty five foot(45') wide "Rail Corridor", as shown on attached Exhibit A, and restore the SANBAG Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Facility. Should Licensee fail to comply with the requirements of the preceding sentence,SANBAG may at its option(i)perform the same at Licensee's expense, which costs Licensee agrees to pay to SANBAG on demand, or(ii) assume title and ownership of said Facility. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Facility is removed and the SANBAG Property is restored.

14. INDEMNIFICATION
Licensee, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SANBAG), and hold harmless SANBAG and its subsidiaries, officers, directors, employees, agents,successors and assigns(individually and collectively, "Indemnitees"),to the maximum extent allowed by law,from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys'fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with(i) the acts or omissions to act of the Licensee, or its officers, directors, affiliates, Licensee's Parties or anyone directly or indirectly employed by or for whose acts Licensee is liable (collectively, "Personnel") or invitees of Licensee in connection with the SANBAG Property or arising from the presence upon or performance of activities by Licensee or its Personnel with respect to the SANBAG Property, (ii) bodily injury to or death of any person (including employees of Indemnitees)or damage to or loss of use of property resulting from such acts or omissions of Licensee or its Personnel,or (iii) non-performance or breach by Licensee or its Personnel of any term or condition of this Agreement, in each case whether occurring during the Term of this Agreement or thereafter.

The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this Agreement. Upon request of SANBAG, Licensee shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this Agreement.

Claims against the Indemnitees by Licensee or its Personnel shall not limit the Licensee's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation on the amount or type of damages,compensation,or benefits payable by or for a Licensee or its Personnel under workers'compensation acts,disability benefit acts or other employee benefit acts or insurance. - MTA License Agreement-SANBAG Version Upland Bikeway License 4 Page 17V3f 389

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15. ASSUMPTION OF RISK AND WAIVER
To the maximum extent allowed by law,Licensee assumes any and all risk of loss,damage or injury of any kind to any person or property, including without limitation, the Facility, the SANBAG Property and any other property of, or under the control or custody of, Licensee, which is on or near the License Property. Licensee's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SANBAG Property, accident or fire or other casualty on the SANBAG Property, or electrical discharge, noise or vibration resulting from SANBAG's transit operations on or near the SANBAG Property. The term"SANBAG"as used in this section shall include: (i) any transit or rail-related company validly operating upon or over SANBAG's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SANBAG. Licensee, on behalf of itself and its Personnel(as defined in Section 14)as a material part of the consideration for this Agreement, hereby waives all claims and demands against SANBAG for any such loss, damage or injury of Licensee and/or its Personnel. In that connection,Licensee waives the benefit of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

The provisions of this section shall survive the termination of this Agreement.

16. INSURANCE
Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect during the Term of this Agreement insurance as required by SANBAG in the amounts and coverages specified and issued by insurance companies as described on Exhibit "B". SANBAG reserves the right, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the Work to be performed on the License Property. Prior to (i)entering the License Property or(ii)performing any Work or maintenance on the License Property, Licensee shall furnish SANBAG with insurance endorsements or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. In most instances, SANBAG does not allow self-insurance, however, if Licensee can demonstrate assets and retention funds meeting SANBAG's self-insurance requirements, SANBAG may permit Licensee to self-insure,provided, however that the right to self-insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SANBAG at its sole and absolute discretion. SANBAG shall not be liable for-the payment of anypremiums or assessments for ....... insurance required to be maintained by Licensee under this Agreement.

17. TESTS AND INSPECTIONS
SANBAG shall have the right at anytime to inspect the License Property and the Facility so as to monitor compliance with this Agreement. If, in SANBAG's sole judgment, any installation on, or use or condition of the License Property may have an adverse effect on the SANBAG Property, adjacent property (whether or not owned by SANBAG) or SANBAG operations, SANBAG shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the License Property, as it determines to be necessary or useful to evaluate the condition of the License Property. Licensee shall cooperate with SANBAG in any tests or inspections deemed necessary by SANBAG. Licensee shall pay or reimburse SANBAG, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter.

18. HAZARDOUS/TOXIC MATERIALS USE AND INDEMNITY
Licensee shall operate and maintain the License Property in compliance with all,and shall not cause or permit the License Property to be in violation of any federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to Licensee or the License Property ("Environmental Laws"). Except for Hazardous Materials expressly approved by SANBAG in writing as shown on Exhibit"C",Licensee shall not cause or permit, or allow any of Licensee's Parties to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the SANBAG Property. Any Hazardous Materials on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon,directly or indirectly, its properties or effects.

MTA License Agreement—SANBAG Version Upland Bikeway License

Licensee shall indemnify, defend (by counsel acceptable to SANBAG) and hold harmless the Indemnitees (as defined in Section 14) from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties,judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of(a)Licensee's breach of any prohibition of provision of this section, or (b) any release of Hazardous Materials upon or from the Facility or the License Property or contamination of the SANBAG Property or adjacent property(i)which occurs due to the use and occupancy of the Facility or the SANBAG Property by Licensee or Licensee's Parties,or(ii) which is made worse due to the act or failure to act of Licensee or Licensee's Parties.

The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this Agreement.

In addition, in the event of any release on or contamination of the License Property,Licensee, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SANBAG Property and all affected adjacent property -- whether or not owned by SANBAG) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SANBAG and any governmental authorities having jurisdiction thereover.

19. UNDERGROUND STORAGE TANKS

NEITHER LICENSEE NOR LICENSEE'S PARTIES SHALL INSTALL OR USE ANY

UNDERGROUND STORAGE TANKS ON THE LICENSE PROPERTY UNLESS SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SANBAG, WHICH APPROVAL MAY BE wrndB 3LD IN SANBAG'S SOLE DISCRETION.

At SANBAG's option, upon the termination of this Agreement at any time and for any reason, Licensee shall,prior to the effective date of such termination, remove and close all underground storage tanks and related equipment and clean up and remove all Hazardous Materials in, on, under and about the SANBAG Property, in accordance with the requirements of all Environmental Laws and to the satisfaction of SANBAG and any governmental authorities having jurisdiction thereover, and deliver to SANBAG a copy of a certificate of closure issued for such tanks by the appropriate governmental authority.

20. SUBORDINATE RIGHTS
This Agreement is subject and subordinate to the prior and continuing right and obligation of SANBAG, its successors and assigns, to use the SANBAG Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body. Accordingly, there is reserved and retained unto SANBAG, its successors, assigns and permittees, the right to construct, reconstruct, maintain and use existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SANBAG Property, and in connection therewith the right to grant and convey to others, rights and interests to the SANBAG Property on the License Property and in the vicinity of Facility. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title ("title exceptions") which may affect the SANBAG Property now or hereafter, and the words "grant" or "convey" as used herein shall not be construed as a covenant against the existence of any such title exceptions.

21. COMPLIANCE WITH LAWS
Licensee shall comply with all applicable federal, state and local laws, regulations, rules and orders in its work on, or maintenance, inspection, testing or use of, the Facility and the SANBAG Property and shall furnish satisfactory evidence of such compliance promptly upon request of SANBAG. SANBAG may enter the License Property to inspect the Facility at any time, upon provision of reasonable notice of inspection to Licensee. Licensee shall obtain all required permits or licenses required by any governmental authority for its use of the License Property and the Facility,at its sole cost and expense.

MTA License Agreement—SANBAG Version Upland Bikeway License 6 Page 172 of 389

22. CONDEMNATION
In the event all or any portion of the License Property shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall receive compensation (if any) only for the taking and damage to the Facility. Any other compensation or damages arising out of such taking or condemnation awarded to Licensee are hereby assigned by Licensee to SANBAG,

23. MARKERS
Project markers in form and size satisfactory to SANBAG, identifying the Facility and its owners, will be installed and constantly maintained by and at the expense of Licensee at such locations as SANBAG shall designate. Such markers shall be relocated or removed upon request of SANBAG without expense to SANBAG.

Absence of markers in or about SANBAG Property does not constitute a warranty by SANBAG of the absence of subsurface installations.

24. GENERAL PROVISIONS

24.1 Notices. All notices and demands which either party is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to such party at its address set forth in the Basic License Provisions. Either party may change its address for the receipt of notice by giving written notice thereof to the other party in the manner herein provided. Notices shall be effective only upon receipt by the party to whom notice or demand is given.

24.2 Non-Exclusive License. The license granted herein is not exclusive and SANBAG specifically reserves the right to grant other Licenses and/or Leases within the License Property.

24.3 Governing Law. This Agreement shall be governed by the laws of the State of California.

24.4 Severability. If any term,covenant,condition or provision of this Agreement,or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to-any person or circumstance; shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

24.5 Interest on Past-due Obligations. Except as expressly herein provided, any amount due to SANBAG that is not paid when due shall bear interest, from the date due, at the maximum rate then allowable by law. Such interest will be due SANBAG as it accrues. Payment of such interest shall not excuse or cure any default by Licensee under this Agreement,provided,however, that interest shall not be payable on late charges incurred by Licensee.

24.6 Captions. The captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement.

24.7 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the expiration or earlier termination of the Term of this Agreement shall survive the expiration owearlier termination of this Agreement, including without limitation, all payment obligations with respect to License Fees and all obligations concerning the condition of the SANBAG Property and the Facility.

24.8 Waiver of Covenants or Conditions. The waiver by one party of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement.

24.9 Effective Date/Nonbinding Offer. Submission of this License for examination or signature by Licensee does not constitute an offer or option for license, and it is not effective as a license or otherwise until executed and delivered by both SANBAG and Licensee. Each individual executing this License on behalf of SANBAG or Licensee represents and warrants to the other party that he or she is authorized to do so. 4LTA License Agreement—SANBAG Version Upland Bikeway License 7 Page 173h 3f 389

24.10 Amendment. This Agreement may be amended at any time by the written agreement of SANBAG and Licensee. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto.

24.11 Assignment. This Agreement and the license granted herein are personal to the Licensee. Licensee shall not assign or transfer(whether voluntary or involuntary) this Agreement in whole or in part,or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of SANBAG, which may be withheld in SANBAG's sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and give SANBAG the right to immediately terminate this Agreement.

24.12 Attorneys' Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs.

24.13 Nondiscrimination. Licensee certifies and agrees that all persons employed thereby and/or the affiliates, subsidiaries, or holding companies thereof and any contractors retained thereby with respect to the License Property are and shall be treated equally without regard to or because of race,religion,ancestry, national origin,or sex,and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.

24.14 Further Acts. Licensee agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this Agreement, including,at SANBAG's sole discretion,the relocation of the Facility and the license granted hereby.

24.15 Termination for Public Project.Licensee hereby expressly recognizes and agrees that Licensee the License Property is located on SANBAG property that may be developed for public projects and programs which may .rj be implemented by SANBAG or other public agencies, such as, but not limited to: rail and bus transitways, bikeways, 1� walkways, beautification projects and other public uses (collectively "Project"), and that Licensee's use of the License Property under this License is an interim use. Accordingly, as a condition to entering into this License, SANBAG expressly reserves the right to terminate the License for any of such public Project. Licensee expressly acknowledges and agrees that: (1) SANBAG-may terminate thisLicense for any public project; (2) Licensee will NOT oppose any public Project when planned or implemented on or adjacent to the License Property; and (3) in the event SANBAG terminates this License and requires Licensee to vacate the License Property for any public Project,Licensee(a)shall not be entitled to receive any relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,42 U.S.C.§4601 et seq.and/or the California Relocation Assistance Law, as amended, California Government Code§7260 et seq; and (b) shall not be entitled to any compensation under the eminent domain law,as a result of such termination and vacation of the License Property.

24.16 Time of Essence. Time is of the essence.

24.17 No Recording. Licensee shall not record or permit to be recorded in the official records of the county where the License Property is located, this Agreement, any memorandum of this Agreement or any other document giving notice of the existence of this Agreement or the license granted hereby.

24.18 Revocable License. Licensee agrees that notwithstanding the improvements made by Licensee to the License Property or other sums expended by Licensee in furtherance of this Agreement, the license granted herein is revocable by SANBAG in accordance with the terms of this Agreement.

24.19 Entire Agreement; Amendments. This Agreement and the Exhibits hereto constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the Parties with respect to the items set forth herein. This Agreement may be amended at any time by the written agreement of SANBAG and Licensee. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, and from time to time,shall be binding upon the parties despite any lack of legal consideration,so long as the same shall be in writing and executed by the parties hereto.

24.20 Additional Provisions. Those additional provisions set forth in Exhibit "D", if any, are hereby incorporated by this reference as if fully set forth herein.

MTA License Agreement—SANBAG Version Upland Bikeway license 8 Page 174Tf 389

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Exhibit "B"

INSURANCE REQUIREMENTS FOR LEASES,LICENSES,AND PERMITS
Lessee, Licensee, or Permittee shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the use of SANBAG and MTA property hereunder by the Lessee, Licensee, or Permittee, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance (Check all applicable boxes) Coverage shall be at least as broad as:
® Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). ® Insurance Services Office Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
® Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

Course of Construction insurance form providing coverage for"all risks" of loss.

Property insurance against all risks of loss to any tenant improvements or betterments. _ Insurance Services Office Railroad Protective Liability Contractor's Pollution Liability with coverage for:
a. bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death;
b. property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed;
c. defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; and
..................
..................
d. losses caused by pollution conditions that arise from the operations of the contractor described under the scope of services of this contract.

Minimum Limits of Insurance (Check all applicable boxes) Lessee, Licensee, or Permittee shall maintain limits no less than:
® General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
® If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. _ Course of Construction: Completed value of the project. • _ Property Insurance: Full replacement cost with no coinsurance penalty provision.

Railroad Protective Liability: $2,000,000 per occurrence. Aggregate limit shall apply separately to this project/location or the aggregate limit shall be twice the required per occurrence limit Contractors Pollution Liability: $1,000,000 per occurrence$2,000,000 annual aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by SANBAG and MTA. At the option of SANBAG and MTA, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects SANBAG and MTA, its officials and employees; or the Lessee, Licensee, or Permittee shall procure a bond guaranteeing payment of losses, and related investigations, claim administration and defense expenses.

MTA License Agreement—SANBAG Version Upland Bikeway License zo Page 177 of 389

` t
Exhibit "B"
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

I. SANBAG and MTA, its subsidiaries, officials and employees are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Lessee, Licensee, or Permittee; products and completed operations of the Lessee, Licensee, or Permittee;premises owned, occupied or used by the Lessee, Licensee, or Permittee; and automobiles owned, leased, hired or borrowed by the Lessee, Licensee, or Permittee. The coverage shall contain no special limitations on the scope of protection afforded to SANBAG and MTA, its subsidiaries, officials and employees.

2. For any claims related to this project, the Lessee, Licensee, or Permittee's insurance coverage shall be primary insurance as respects SANBAG and MTA, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by SANBAG and MTA, its subsidiaries, officials and employees shall be excess of the contractor's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SANBAG and MTA, its subsidiaries, officials and employees.

4. The Lessee, Licensee, or Permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either a party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to SANBAG and MTA.

6. Workers' Compensation and Employer's Liability policies shall contain the inclusion of the SANBAG and MTA, its Subsidiaries, officials and employees as additional insured, or provide a waiver of subrogation.
..........

Course of construction policies shall contain the following provisions:

1. SANBAG and MTA shall be named as loss payee.

2. The insurer shall waive all rights subrogation against SANBAG and MTA.

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 approved by SANBAG and MTA.

Verification of Coverage
Lessee, Licensee, or Permittee shall furnish SANBAG and MTA with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by the SANBAG and MTA before work commences. As an alternative, the Lessee, Licensee, or Permittee may provide complete,certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

Contractors and Subcontractors
Lessee, Licensee, or Permittee shall include all contractors and subcontractors as insureds under its policies or require certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated herein. The administration of insurance compliance of contractors and subcontractors shall be subject to audit review by SANBAG and MTA.

MTA License Agreement--SANBAG Version Upiand Bikeway License 11 Page 178 of 389

" e
Exhibit "C"
Permitted Hazardous Materials
No hazardous materials are permitted to be used or stored on License Property. ..................
......................

MTA License Agreement—SANBAG Version Upland Bikeway License 12 Page 17r of 389

Exhibit "Dr'
Additional Provisions

1. Importation of Soil/Fill Dirt. Licensee shall not bring upon or use any Import Soil on the License Property in conjunction with any purposes allowed under this Agreement, until said Import Soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SANBAG's Environmental Consultant. Additionally, any soil currently existing on the License Property may not be spread on the License Property unless and until it is characterized as Clean Soil to the reasonable satisfaction of SANBAG's Environmental Consultant.

2. Maintenance of License Property. Licensee shall keep the entire License Property free and clear of weeds, trash, vegetation, unauthorized vehicle parking, graffiti and occupancy by transients/homeless persons or individuals. Licensee shall be fully responsible for ALL maintenance and maintenance that is required or necessary in connection with Licensee's use of License Property.

3. Protection of Underground and Aboveground Installations. Licensee shall ensure that it and Licensee's Parties protect, from and against any and all damage, all underground and aboveground installations and improvements, such as pipes, fiber optic lines and wires, which may be impacted by any work or any use of the License Property by Licensee.

4. Improvements. Both Licensee and SANBAG acknowledge and agree that the License Property is Licensed in "AS IS"condition and any work, including but not limited to, grading, paving and fencing as may be necessary or required to meet Licensee's needs shall be the sole responsibility of the Licensee. Upon termination of this Agreement, Licensee shall be responsible for the removal of all improvements within the forty five foot (45') "Rail Corridor", as shown on the Pacific Electric Inland Empire Trail Master Plan dated November 2000, and as shown on Boyle Engineering's Bike Trail Plans for the City of Upland, labeled Phase I, and dated April 8,2003.

5. Utilities. Licensee shall pay for any and all utilities for its benefit, security and use. No additional utility lines shall be installed outside of the scope of the approved Bike Trail plan, prepared by Boyle Engineering, dated April 8, 2003. Any new utility lines and/or fiber optic crossings, etc., proposed to be added within the right of way by any party at a later date, shall be applied for in the normal process and covered by separate License Agreement directly with SANBAG.

6. Warranties. SANBAG makes no warranties as to the suitability of the location for Licensee's intended use as to zoning, visibility, traffic count or any other factors which may cause Licensee to want to License the License Property.

7. Zoning or Permitting. Any permits, inspection fees, or costs associated with the use or maintenance of the Premises by any governmental agency, department, or organization, or any labor expenses for the installation or maintenance of any permitted improvements are the Licensee's sole responsibility.

Copies of permits are to be readily available for inspection by SANBAG personnel.

8. SANBAG's Right to Control Leasing and Licensing within entire Right of Way. SANBAG shall continue to control Leasing and Licensing within the entire Right of Way. All applications for new utility crossings, ground Leases, or similar uses outside the scope of the approved Bike Trail Plan dated April 4, 2003 shall continue to be under the direct control and management of SANBAG.

Licensee
MTA License Agreement—SANBAG Version Upland Bikeway License 13 Page 180 389

' Y 3 `0"�5 i w ao y �gnaJ,rl, I. i�q -[ guip : �� iR
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A�W ) 3 ,ran Lease with Satni's Market • �gJ I i ,.eLoce'k r §#; �_'`. R���"� Contract#RBPK001865 a i -- • „ + Parking- 9'Depth L . Detail on 2 Leases at west side of Euclid
8ranchlLine Map Reference Mile Post Lessee/Licensee Legend 2. ' - - Baldwin Park BPK 36-39 516.15-518.90 EXHIBIT'A-2' Engineers Station Community City CITY OF UPLAND License Area=2.75+/-miles,excluding areas subject to Lease,License,Easement,or other Agreement 214+oo+f- Upland&Mon. Upland&Mont , Please reference Boyle Engineering Pacific Electric Inland Empire Master Plan,dated November 2000. County Nearesl Cross SI. Thomas Guide Grids Los Angelo:Metropolitan MTA File No.

San Berndo. Monte Vista 601F3-602B3 Transportation Authority City Responsible for all costs of removal of all improvements placed within 45'rail reserve. M-E T` R O OneRBPKate -..._ ........_- ......... ... ... ._.. .., .. ....... - _-__..... .._T,- 2.75 ! Miles Bikeway d Los Angeles, gaol N/A 19f04 M M Area Use en e Gateway PlazaScale Oale
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San rnardE nouy
Transp8enrtution Au Cu
August 9, 2024
Robert Dalquest
Development Services Director
City of Upland
460 North Euclid Avenue
Upland, CA 91786
Subject: Trail Head under License Agreement RBPK-1855
On May 18,2022, SBCTA sent City staff a letter that shared the opinion that the trailhead/urban plaza concept appurtenant to a previously consented prefabricated restroom facility in the Baldwin Park Branch right-of-way between Second Avenue and Third Avenue in Downtown Upland, would be a benefit to members of the public using the Pacific Electric Trail located upon San Bernardino County Transportation Authority's (SBCTA) property pursuant to existing License Agreement RBPK-1855 (License). The License was approved for the construction, maintenance, and use by the public of a bikeway and pedestrian walkway and associated landscaping and appurtenances related to the licensed bikeway and pedestrian walkway. Consent for the construction of the trailhead/urban plaza improvements was based upon the express understanding that the improvements can and will be relocated to the extent which they conflict with the implementation of passenger rail service within the 45-foot rail reservation area identified on the Pacific Electric Inland Empire Trail Master Plan, dated November 2000,at such time as a project to implement passenger rail service within the Baldwin Park Branch right-of-way provides the City notice that the right-of-way is needed.

SBCTA's understanding of the City's trailhead/urban plaza project was based upon communications with City staff that the trailhead/urban plaza, presently referred to as the Tom Thomas Urban Plaza (Plaza),was never envisioned nor designed to be a park. Rather,the Plaza was designed to be an urban space for the Downtown and a trailhead for cyclists and pedestrians to stop and rest.

SBCTA's policy regarding use of the Baldwin Park Branch explicitly states that the primary use of this right-of-way is for rail transit purposes and that SBCTA does not wish to permit any activity which would either preclude or make difficult the future implantation of rail service on this important and irreplaceable 20-mile corridor. A use which creates a park or recreational use of SBCTA's property could subject the property to 23 CFR Part 774-Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) requirements and in doing so be contrary to SBCTA's policies.

Consequently, SBCTA has consistently communicated its concern regarding any characterization of the Plaza as a park or the use of Park Development (Quimby Act) Funds in the construction of the Plaza.
49 U.S.0 §303 defines a publicly owned public park or recreational area as a use which would make a publicly owned Section 4(f) Property subject to the requirements set forth in 49 U.S.C. §303, 23 U.S.C. §138, and/or Title 23 Code of Federal Regulations 774. The code and regulations further require that for a use to be a Section 4(f)use subject to the requirements relating to the use of Section 4(f)Property,the park or recreational use needs to be of local or state significance.23 CFR 774.13(0(3) provides an explicit exception to the requirement for Section 4(f) approval for impacts to trails, paths, bikeways, and sidewalks that occupy a transportation facility right-of-way without limitation to any specific location within that right-of-way, so long as the continuity of the trail, path, bikeway, or sidewalk is maintained.
1170 W. 3rd Street,2nd Floor goSBCTA.com 909.884.8276 Phone San Bernardino, CA 924 1 0-17 1 5 PLAN. BUILD. MOVE 909.885.4407 Fax

Robert Da!quest
August 9, 2024

Upon a closer review of the City's actions to advance the development and delivery of the Plaza, SBCTA's understanding of the project is that the Plaza is in fact a park and may subject SBCTA's property to Section 4(f) requirements.
• City of Upland Resolution No. 6648 allocates Park Development (Quimby Act) Funds to the Plaza, describing the project as providing an urban park and recreational facilities that are severely lacking in the Downtown and surrounding areas. • City Resolution No.6645 in finding that the Plaza is exempt from the California Environmental Quality Act, characterizes the Plaza as a passive park that will not be developed in the same place over time when evaluating cumulative impacts.
• The band stage, known as the Roman "Roach" Foronda Band Stage, within the Plaza is a recreational use not appurtenant to the licensed use of SBCTA's transit right-of-way property for bikeway and pedestrian walkway trail use,which threatens the applicability of the exception to requiring Section 4(f)approvals carved out for trail uses within transportation right-of-way. • The picnic tables are a recreational use that may not be considered to be appurtenant to the license use for bikeway and pedestrian walkway trail use, which threatens the applicability of the exception to requiring Section 4(f)approvals carved out for trail uses within transportation right-of-way.
• Although the City may deem the Plaza to not be of local significance,FTA Standard Operating Procedure No. 18, regarding Section 4(f) Evaluations, Section 3, makes it clear that the FTA is solely responsible for making Section 4(f) determinations, and the characterization of the urban park and recreational facilities as severely lacking in the Downtown and surrounding areas by Resolution No.6648 would seem to make the proposed use to be a significant resource to the local community.

For the foregoing reasons, SBCTA now believes that the Plaza may subject SBCTA's property to Section 4(f)approval,which could either preclude or make it difficult to implement rail service on this important and irreplaceable 20-mile corridor. SBCTA's Real Property Policy No. 31602, delegates authority to the Executive Director to approve certain uses of SBCTA property provided, amongst other considerations, that they do not subject SBCTA's property to Section 4(f). A use that does or may subject SBCTA's property to Section 4(f) can only be approved by SBCTA's Board of Directors.

Accordingly, SBCTA withdraws its consent for the construction of the Plaza until SBCTA can obtain a legal opinion that there is no risk that the proposed Plaza improvements may subject SBCTA's property to Section 4(f) requirements. If it is determined that the Plaza will or may subject SBCTA's property to Section 4(f) requirements but modifications to the Plaza plans can be made which will eliminate such risk, then SBCTA will reinstate its consent, under Executive Director authority, conditional upon the necessary modifications to the Plaza being made prior to the commencement of any construction, otherwise the Plaza improvements can only be permitted to proceed by approval of the SBCTA Board of Directors.

Respectfully,
f23.72...„
Raymond . Wolfe
Executive Director

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctilt
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

MELECIO PICAZO,ECONOMIC DEVELOPMENT COORDINATOR

NORMA FLORES,DEVELOPMENT SERVICES SPECIALIST

GIOVANNI ARELLANO,PROGRAM ADMINISTRATOR
SUBJECT: CONSIDER APPROVAL OF AMERICAN RESCUE PLAN ACT FUNDS AND PROGRAM

GUIDELINES FOR THE SMALL BUSINESS EXPANSION GRANT
RECOMMENDED ACTION:

It is recommended that the City Council approve the program guidelines for the Small Business Expansion Grant Program("Program"), approve the use of$225,000 in American Rescue Plan Act funds to implement the Program, and adopt a Resolution approving an interdepartmental Memorandum of Understanding between the City Manager's Office and the Development Services Department to obligate American Rescue Plan Act funds in the amount of $225,000 for the Program.

GOAL STATEMENT
The proposed action supports the City's goal to create economic development assistance programs to help small businesses with recovery and resiliency in the wake of the Covid-19 Pandemic as mandated by the American Rescue Plan Act.

BACKGROUND
On October 14th,the City Council directed staff to look at opportunities to help struggling small business owners and bring back a draft program for the City Council's review.On November 25,2024,the City Council reviewed the draft program guidelines prepared by staff,requested several recommended revisions and directed staff to bring back the final draft program guidelines for approval.

Based on City Council's direction, the grant program is designed to substantially help businesses with 20 or less employees(FTE)and with annual gross sales of$500,000 or less.There will be a limit of$5,000 in funds for expenses related to social media. The program would provide up to $15,000 to qualified business owners and assist them in their expansion plans or assist them in helping grow their business through the following costs:

1. Increasing building square footage;

2. Expanding indoor/outdoor seating capacity;

3. Enhance business service capacity,or

4. Improving marketing,promotions,and signage.

Additional funding requests that align with the grant's objectives,which are found in Page 2 of the grant guidelines, may also be considered subject to the approval of the Development Services Director.

ISSUES AND ANALYSIS
The draft program guidelines will assist several small businesses that either have plans to physically expand their business but couldn't because of the lack of funding or need financial help and assistance to grow some aspects of their business. The grant program is proposed to be funded utilizing up to $225,000 of ARPA funds to provide a maximum of$15,000 per eligible business on the listed items above or on Page 2 of the draft program guidelines.

This amount would assist up to 15 small businesses, or several more depending on whether some of the individual grantees do not use the entire$15,000. Staff recommends that$15,000 is enough to achieve the goal of the grant for a limited number of eligible small business owners to expand or grow their business.

Lastly,the draft guidelines require approved applicants to participate in two business training courses offered through the Small Business Development Center (SBDC), including a one-on-one professional consulting meeting with a representative of the SBDC to review or modify their business plan to qualify for the funding.

The attached MOU expressly creates an obligation between the City Manager's Office and Development Services Department. The Development Services Department is responsible for obligating and expending the ARPA funds towards this Project by December 31,2026.

Staff is seeking the City Council's approval of the revised draft program guidelines and to allocate$225,000 of ARPA funds to implement the program.

ENVIRONMENTAL DETERMINATION
The proposed Small Business Expansion Grant Program has been determined to be exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines. This exemption applies only to projects which do not have the potential for causing a significant effect on the environment.Where it can be seen with certainty that there is no possibility that the activity may have a substantial effect on the environment, the activity is not subject to CEQA. The program grant only applies to a limited number of small businesses for increasing building square footage,expanding indoor/outdoor seating capacity, enhancing business service capacity, or improving marketing,promotion and signage.

FISCAL IMPACTS
There are available unobligated ARPA funds in the amount of$225,000 to be appropriated towards the Program in Account No.2292203-5258-16168.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt pursuant to Section 15061(b)(3)of the CEQA Guidelines.

4 OF U.A
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City of Upland

SMALL BUSINESS EXPANSION GRANT PROGRAM
Program Guidelines
Funded by the American Rescue Plan Act Funds
Development Services Department
460 N. Euclid Avenue
Upland, CA 91786

Program Guidelines
Overview
In partnership with the Inland Empire Small Business Development Center (SBDC), the City of Upland is offering a 22-day application window for the Small Business Expansion Grant Program. This program provides grants of up to $15,000 to support independently owned small businesses in Upland as they expand and grow through:

1. Increasing building square footage

2. Expanding indoor/outdoor seating capacity

3. Enhancing business service capacity

4. Improving marketing, promotion, and signage. Limit of $5,000 in grant funds for Social Media marketing costs.

Additional funding requests that align with the grant's objectives may also be considered, subject to the approval of the Development Services Director.

Grant Objectives

1. Supporting business growth and retention by enabling small businesses to expand their physical space, service capacity, and customer reach within the City of Upland.

2. Empowering businesses through professional coaching and resources provided by the SBDC, including training sessions and one-on-one consultations.

3. Promoting local economic stability by fostering the success of independently owned small businesses, thus contributing to the overall health of the Upland economy
Application and Small Business Consulting
There will be a three-week marketing period of the program in December, and the application period will open on January 2, 2025, through January 23, 2025.

1. Small Business Expansion Grant Program Application The application and supporting documentation must be submitted to the City of Upland Development Services Department's Economic Development Division, no later than the close 2

of business day on January 23, 2025. Applicants can obtain an application by visiting https://www.uplandca.gov .

2. Small Business Consulting: Businesses that meet program criteria and have entered into agreement, will be contacted by City staff to register and take the business education sessions offered through the SBDC. Upon successful completion of the sessions, funding will be made available for City approved costs or improvements on a first-come first-serve basis until all program funding has been exhausted. Approved applicants will participate in the Small Business Expansion Grant Program and take two business trainings offered through the SBDC, including a one-on-one meeting with an SBDC representative. This includes completing two (2) business education courses and one in-person consulting session with SBDC staff to review, edit, or modify the business plan.

The SBDC may require an additional in-person meeting to fulfill program participation requirements, if it is determined the applicant needs additional education or support. Approved applicants must meet all requirements before funding is released.

Eligibility
Through participation in the Small Business Expansion Grant Program, eligible businesses may be awarded up to $15,000. For this program, a "small business" is defined as having 20 employees (full-time equivalent (FTE), not including owner) or less and have annual gross of sales less than $500,000.

To be eligible a business must meet the following eligibility requirements:

1. Be physically located within the City limits of Upland

2. Be in business for one (1) full year (minimum)

3. Have annual gross sales that don't exceed $500,000;

4. Have 20 or less employees (full-time equivalent (FTE), not including owner);

5. Participant must be the business owner(s); and

6. Have an active Upland business license.
3

Additional Application Materials:

1. Complete Small Business Expansion Grant Application

2. Current Business Plan (can be submitted after application approval)

3. CA Identification Card or Driver License

4. W-9

5. General Liability Insurance /Workers Compensation Insurance

6. Current Lease Agreement

7. 2023 Business Tax Returns including all Schedules

8. 2024 Profit and Loss Statement and Balance Sheet
Ineligible Applicants:

1. Businesses located outside the city limits of Upland

2. National Credit Corporate-Owned Businesses

3. Home-Based Businesses

4. Non-Profits or Not for Profit Businesses

5. Adult Businesses

6. Massage Therapy

7. Smoke Lounge/Tabacco Shop/E-Vape/Hookah

8. Personal Services

9. Tattoo Parlors

10.Office/Professional Uses (medical or professional)

11.Businesses not in Good Standing with Federal, State or City of Upland, or any other agency. Good standing includes, but not limited to, no in arears payments to the City or other agencies, valid business licenses, all required permits, and no outstanding balances to Burrtec Waste and the City's Utility Billing Division (Water/Sewer).

12.Businesses that received a grant from the City within the last calendar year.

Each approved Small Business Expansion Grant Program participant will be required to execute a City of Upland program agreement. Upon completion of the SBDC education 4

and consulting sessions, the SBDC will provide participant with a "Completion Certificate" which will be forwarded to the City. Once the certificate is received by the City, the Small Business Expansion Grant Program agreement will be prepared. Upland's Economic Development staff will contact each program participant to schedule an appointment to execute the program agreement.

Program Funding and Grant Award
Once the Small Business Expansion Grant Program agreement is finalized and signed by all parties, each participant will need to register and take the business education sessions offered through SBDC. Businesses will be notified by City Staff to provide written cost estimates for their specific business expense to the City for funding consideration. If approved, the City will provide the participant with a check for the cost of the approved adaptive marketing strategies, new business signage, business equipment, POS systems, online food delivery systems and/or outdoor dining space improvements or expansion.

Authority to Administrate
The Small Business Expansion Grant Program is approved by the Upland City Council and is administered through the City of Upland's Development Services Department, Economic Development Division. Authority to modify the program guidelines, program requirements and eligible expenses is vested with the Development Services Director.

Continued Support from the SBDC
The SBDC will offer continuous consultation and training to all small business applicants, whether they receive funding or not, throughout the lifespan of their businesses. With over 100 business consultants, the network offers free, one-on-one support to each applicant.

Funded by the federal government and the State of California, the SBDC delivers these services to business owners across the region.
5

Contact Information
For questions or additional information regarding the Small Business Expansion Grant Program, please contact:

Norma Flores, Development Services Specialist
City of Upland
460 N. Euclid Avenue, Upland, CA 91786
(909) 931-4267
[email protected]
For assistance regarding the business education trainings or to set up a one-on- one consultation (at no cost), please contact the Inland Empire Small Business Development Center (SBDC):

Robert Usher, Business Consultant
Inland Empire Small Business Development Center (SBDC)
3780 Market Street, Riverside, CA 92501
(951) 235-0669
Robert.usherociesbdc.orq
6

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND APPROVING AN INTERDEPARTMENTAL

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

MANAGER'S OFFICE AND THE DEVELOPMENT SERVICES

DEPARTMENT TO OBLIGATE AMERICA RESCUE PLAN ACT
FUNDS IN THE AMOUNT OF $225,000 TOWARDS THE

SMALL BUSINESS EXPANSION GRANT PROGRAM
WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act ("ARPA"). The federal stimulus program allocated $1.9 trillion over the following three years to help state and local governments respond to the economic and public health impacts of COVID-19; and
WHEREAS, under the law, each local government agency nationwide receives an allocation of ARPA funds based on a formula. The City's share is $15.2 million; and
WHEREAS, recipients much obligate all monies prior to December 31, 2024, with funds to be fully expended by December 31, 2026, except for transportation and Title I projects which must be expended by September 30, 2026; and WHEREAS, the City will be offering a Small Business Expansion Grant Program; and
WHEREAS, the total Program cost is $225,000; and
WHEREAS, the Program will substantially assist several small businesses that either have plans to physically expand their business but couldn't because of the lack of funding or need financial assistance to grow some aspects of their business; and WHEREAS, businesses would be eligible for a maximum of $15,000 which allows the program to assist up to 15 small businesses, or more, if individual grantees need less than the $15,000 maximum amount; and
WHEREAS, the City currently has $225,000 in unobligated ARPA funds which can be used towards the Program.

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

Section 1. All of the above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby obligates $225,000 in ARPA funding towards the Project via the attached interdepartmental Memorandum of Understanding in accordance with the federal government's deadline of December 31, 2026.

Resolution No.

Section 3. The interdepartmental Memorandum of Understanding expressly creates an obligation between the City Manager's Office and the Development Services Department to expend all ARPA funds by December 31, 2026.

Section 4. The Development Services Department will comply with all reporting and recordkeeping requirements in compliance with federal guidelines on behalf of the City.

Section 5. The City Manager's Office will continue to track all ARPA project spending and any remaining obligated funds from completed projects will be transferred to the indirect administrative services support project account to ensure that all ARPA funding remains fully obligated and spent by the December 31, 2026 deadline.

Section 6. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 7. Certification. The City Clerk shall certify the adoption of this Resolution.

Section 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 9. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 9th day of December, 2024.

Bill Velto, Mayor

Resolution No.

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 9th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

pF TT ;at :41
H
itit

MEMORANDUM
DATE: December 9, 2024
TO: Robert D. Dalquest, Development Services Director FROM: Michael Blay, City Manager
RE: Obligation of $225,000 in ARPA Funds for the Small Business Expansion Grant Program
On March 11, 2021, the President signed into law the American Rescue Plan Act ("ARPA").

The federal stimulus program allocated $1.9 trillion over the following three years to help state and local governments respond to the economic and public health impacts of COVID-

19. Under the law, each local government agency nationwide receives an allocation of ARPA funds based on a formula. The City's share is $15.2 million.

Recipients must obligate all monies prior to December 31, 2024, with funds to be fully expended by December 31, 2026, except for transportation and Title I projects which must be expended by September 30, 2026.

On November 25, 2024, the City Council conceptually approved the Small Business Expansion Grant Program and the usage of $225,000 in ARPA funds. The Program will substantially assist several small businesses that either have plans to physically expand their business but couldn't because of the lack of funding or need financial assistance to grow some aspects of their business. Businesses would be eligible for a maximum of $15,000 which allows the program to assist up to 15 small businesses, or more, if individual grantees need less than the $15,000 maximum amount.

Additionally, the program guidelines require approved applicants to participate in two business training courses offered through the Small Business Development Center ("SBDC"), including a one-on-one professional consulting meeting with a representative of the SBDC to review or modify their business plan to qualify for the funding.

This MOU expressly creates an obligation between the City Manager's Office and Development Services Department. The Development Services Department is responsible for obligating and expending the ARPA funds towards this program by December 31, 2026.

Therefore, it is hereby acknowledged that the City of Upland is obligating $225,000 in APRA funding towards the Small Business Expansion Grant Program and confirms that this project is an eligible use of the funds.

The Development Services Department hereby acknowledges and confirms that they will comply with reporting and recordkeeping requirements in compliance with the program on behalf of the City.

Michael Blay, City Manager Date
Robert D. Dalquest, Development Services Director Date

4,a trpl CITY
UPLAND
„.;
"The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

ALAN FRENCH,PRINCIPAL ENGINEER

HARRY PARR,ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVING THE NOTICE OF COMPLETION FOR PROJECT NO. 32337,

DOWNTOWN PARKLETS
RECOMMENDED ACTION:

It is recommended that the City Council accept the work completed;authorize the City Manager to execute and record the Notice of Completion;and reduce the Faithful Performance Bond to 10%for the Downtown Parklets Project.

GOAL STATEMENT
The proposed action supports the City's goal of creating additional public open space and public realm improvements in the Downtown Area as part of the Downtown revitalization strategy.

BACKGROUND
On October 9,2023,the City Council awarded the Downtown Parklets Project to DASH Construction Company,Inc. and authorized up to $1,243,013.56 (including contingencies) for the work. The project consisted of new concrete paving with etched artwork, brick paving, masonry seat-walls, accessibility improvements, new landscaping, decorative bollards,and site amenities such as bicycle racks,benches,and trash receptacles.

ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. The City can now accept the work,file the Notice of Completion,and reduce the Faithful Performance Bond to 10%.The City will retain the Labor Materials Bond for six(6)months and release it,thereafter,provided no liens or stop notices are filed against the project.

The final construction cost was$925,951.82.

ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act CEQA and the State CEQA Guidelines and determined to be categorically exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities)of the CEQA guidelines.The Project involves repair and maintenance of existing public facilities and does not involve expansion of use beyond that which is existing.The City filed the Notice of Exemption with the County of San Bernardino on March 7,2023.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).

Recording requested by
and when recorded mail to:

City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder's use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:

The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.

Assessors Parcel Numbers N/A, in and to the hereinafter described property.

The work was completed on that certain work known as Downtown Upland Parklets, Project No. 32337 for the undersigned City of Upland, a Municipal Corporation, on the 6th day of November, 2024.

The City accepted the job on the 9th day of December, 2024.

The Contractor on said job was DASH Construction Company, Inc. of 6300 Canoga Ave. Ste. 530, Woodland Hills, California.

The improvement(s) consisted of new concrete paving with etched artwork, brick paving, masonry seat-walls, accessibility improvements, new landscaping, decorative bollards, and site amenities such as bicycle racks, benches, and trash receptacles; and the location of the improvements occurred near the intersection of 2nd Avenue and 9th Street in Upland, California.

The surety was The Ohio Casualty Insurance Company.

All communications relating to the contract should bear the number above mentioned.

I hereby certify under penalty of perjury that the foregoing is true and correct.

Executed this 9th day of December, 2024 at Upland, California.

City of Upland, a Municipal Corporation
Michael Blay, City Manager

cd,a- .p19, CITY FUPLAND
... 1� "The City of Gracious Living"
C,itIFOB,,S
,- Staff`kr°ill
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAM MANAGER

ERIK STENE,REGULATORY COMPLIANCE SPECIALIST
SUBJECT: CONSIDER APPROVING OUT OF AGENCY SEWER SERVICE AGREEMENT NO.2024-10- 03 FOR 2550 THUNDER MOUNTAIN ROAD
RECOMMENDED ACTION:

It is recommended that the City Council approve Sewer Service Agreement No. 2024-10-3 for the property at 2550 Thunder Mountain Road;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing sewer services to the county unincorporated area within the City's sphere of influence.

BACKGROUND
On June 13, 1989, the City entered into a Memorandum of Understanding with the County of San Bernardino concerning the conveyance,treatment and disposal of wastewater from the County's unincorporated areas within the City's sphere of influence.

Pursuant to State law,the Local Agency Formation Commission(LAFCO)must approve connections of parcels within the County to the City's sewer system and review the City's service agreements for services outside the City's boundary.

On December 1, 1998,in the interest of protecting the groundwater supply,the City adopted a policy allowing sewer connections of the County's unincorporated areas to the City's sewer system(in lieu of use of septic tank),subject to specific conditions,including:
• Approval of the connection by LAFCO pursuant to Government Code Section 56133; • Payment of all applicable fees;and
• Compliance with the City's construction standards,including the storm water protection and prevention regulations.

ISSUES AND ANALYSIS
Mr.Michael A.Polley&Terri J.Polley,owners of the single-family property(2550 Thunder Mountain Road.)located in the County's unincorporated area,have applied for a permit to connect to the City's sewer on Thunder Mountain Road. Their application was reviewed by the City and subsequently submitted to LAFCO. On November 1,2024, LAFCO granted a statutory exemption for the proposed sewer service from environmental review and approved the requested sewer service agreement.

The attached Sewer Service Agreement No. 2024-10-3 will permit the owner to connect sewer facilities from his property to the City's sewer on Thunder Mountain Road. It stipulates that the owner will be responsible for all construction costs associated with the connection. The City will collect all fees applicable to the owner's sewer connection and wastewater discharge,including costs of conveyance,treatment and disposal.

ENVIRONMENTAL DETERMINATION
The proposed sewer connection qualifies is categorically exempt(Existing Facilities Section 15303(d))under CEQA, as it involves minor alterations to existing infrastructure with no significant environmental impact. The project has also been determined to be categorically exempt by the Local Agency Formation Commission(LAFCO).

FISCAL IMPACTS
The sewer installation cost will be borne by the owner.After the connection is made,the owner shall be subject to the monthly sewer service charge, comprising of the City's sewer service fee and pass-through sewerage treatment fee paid to the Inland Empire Utilities Agency.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Class 3 Categorical Exemption, Section 15303(d) of the California Environmental Quality Act Guidelines as it relates to the connection of existing structure(s)to existing infrastructure.A Notice of Exemption has been filed with LAFCO.

AGREEMENT NO. SSA-2024-10-3

SEWER SERVICE AGREEMENT
THIS AGREEMENT, is entered into this 3rd day of October, 2024; by and between Michael A. Polley, & Terri J. Polley, hereinafter referred to as "OWNERS", and the City of Upland, a municipal corporation, hereafter referred to as "CITY".

WITNESSETH:

WHEREAS, OWNER holds title to the parcels of real property presently located in unincorporated areas of the County of San Bernardino, and the parcels are further described by legal description and San Bernardino County Assessor's Parcel Number 1003-041.08-0000. The subject real property shall be referenced hereafter as the "Land";
,
WHEREAS, the Land is within the Sphere of Influence of the CITY; and WHEREAS, the City of Upland and the County of San Bernardino entered into a Memorandum of Understanding on June 13, 1989, allowing the City of Upland to provide sewer service to the county unincorporated area to those requesting it; and WHEREAS, OWNER desires to obtain sewer service for the Land; and WHEREAS, sewer service could be provided to said parcels by connecting to the CITY's sewage system, said system otherwise being available only to properties with the City of Upland corporate limits; and
WHEREAS, CITY's sewage system and the regional wastewater treatment plants have sufficient capacity to convey and treat the sewage generated by the Land; WHEREAS, CITY is willing to allow connection of the Land to its sewage system, due to the fact that the Land is within CITY's Sphere of Influence; and WHEREAS, the covenants and conditions set forth herein shall create a binding covenant running with the land upon the Land, and shall be fully binding upon OWNER's heirs, successors and assigns.

NOW, THEREFORE, the parties hereto agree as follows:

SECTION I: OWNER Agrees:

1. To construct, at their own cost and expense, the sewer main extensions and appurtenances thereto, connecting their development to the CITY's sewer system.

2. To pay all fees and charges and make all deposits required by CITY to connect to and use the sewer, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. The service charge for the sewer users subject to this agreement is anticipated to be 1.5 times the normal rate or fees paid by users within the city limits. The additional monies are required to offset additional costs to provide the services outside of the CITY's corporate boundary.

3. To comply with Section 13.32.140, "General Restrictions and Prohibitions on the Use of the Community Sewers" of the Upland Municipal Code, relating to the discharge of materials into CITY's sewage system, and all other applicable County, State, Federal or district regulations applicable to discharges.

4. To make application to the Local Agency Formation Commission (LAFCO) and pay all applicable fees, for approval to connect to CITY's sewage system, pursuant to Section 56133 of the Government Code.

5. To make application to the County of San Bernardino for Road Excavation Permits as applicable and comply with all permit conditions under which the connection shall be made.

6. To make application to CITY for a Sewer Connection Permit and comply with the permit terms and conditions under which the connection shall be made and maintained.

7. That no connection to the CITY system shall occur until all the requirements of this Agreement, including the actions of third parties have been fully completed.

SECTION II: CITY Agrees:

1. To allow the Land to connect to the CITY's sewage system subject to payment of all applicable fees and permits, and further subject to satisfaction of the terms and conditions of this Agreement.

SECTION III: Be it Mutually Agreed, as follows:
a. City Clerk for CITY shall record the Agreement with the County Recorder. b. The benefit to the Land will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and run with the land. c. The approval granted to connect said Land to CITY's sewage system is contingent upon OWNER securing final, unappealable approval from the Local Agency Formation Commission.
d. Indemnification: OWNER shall defend indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by OWNER of any and all legal costs and attorney's fees, in any manner arising out of the acts and/or omissions of OWNER pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. e. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part by OWNER without the prior written consent of the CITY.

f. Independent OWNER: The parties hereto agree that OWNER and its employees, officers and agents are independent OWNERs under this Agreement and shall not be construed for any purpose to be employees of CITY. g. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
h. Attornev`s Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys fees and costs from the opposing party in an amount determined by the court to be reasonable.
i, Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement, statement, or promise not contained in the Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.

SPOUSES —JOINT OW NE CITY OF UPLAND
By: By:

Mic A. Polley, Michael Blay
Owner City Manager
By: By:

Terri J Pone Ken Johnson
ne
City Clerk

"" SENT VIA U.S. MAIL AND E-MAIL
November 1, 2024
LAFCO Michael Blay, City Manager
City of Upland
460 N. Euclid Avenue
Local Agency Upland, CA 91786
Formation Commission
.(organ 1Nrnuarelino(ounr'r
Dear Mr. Blay:

RE: City of Upland Sewer Service Agreement No. 2024-10-3 LAFCO has received the proposed out-of-agency service agreement for sewer service from the City of Upland. The area to be served is located at 2550 Thunder Mountain Road (APN 1003-041-08) in the City COMMISSIONERS of Upland's northern sphere of influence, in the unincorporated community commonly known as "San Antonio Heights." The application submitted is determined to be complete and has been assigned the following identification number: LAFCO SC#533.

Pursuant to the provisions within Government Code Section 56133 and policies adopted by the Local Agency Formation Commission, our review of the application submitted by the City of Upland shows that an administrative approval by the Executive Officer can be provided. The .• , determinations related to the agreement are:

1. The agreement is non-development related and meets the criteria outlined within the Commission's guidelines for response ALTERNATES to health and safety concerns. The agreement proposes to :ESSEAIMENrA.4 2 provide sewer service to a parcel comprising of 1 +/- acre P'Ar 1 Sk`0"°0,' generally located on the east side of Thunder Mountain Road P.tGtC /uSGN C nr Memo', (2550 Thunder Mountain Road), an existing single-family ', ,M.l,uY residence along with an accessory dwelling unit that is to be tdlorotro, built on the parcel.

KEv*/KENIE.t
6c .of Ctut-thi

EXECUTIVE OFFICER

2. The agreement has been determined to be categorically exempt from environmental review. It has been determined that the agreement falls under the Class 3 Categorical Exemption, Section 15303(d) of the California Environmental Quality Act Guidelines as it relates to the connection of existing structure(s) to existing infrastructure. A Notice of Exemption has been filed.

3. The area to be served by agreement is within the sphere of LEGAL COUNSEL influence assigned to the City of Upland. The signing of the agreement anticipates that a future change of organization will take place in compliance with State law and Commission policy.

LAFCO SC#533
Mr. Blay

4. The LAFCO filing fee of$634 for this review has been paid.

In keeping with the determinations outlined above, the City of Upland is hereby authorized to proceed to provide the requested sewer service through final action on the service agreement.

Should you have questions concerning this correspondence, please do not hesitate to contact our office at the number listed above.

Sincerely,
( -17/11.4-41'\'

S MUEL MARTINEZ
Executive Officer
Enclosure
cc: Erik Stene, Regulatory Compliance Specialist, City of Upland w/ encs.

Michael A. & Terri J. Polley, property owners

LOCAL AGENCY FORMATION COMMISSION

FOR SAN BERNARDINO COUNTY

NOTICE OF EXEMPTION

CALIFORNIA ENVIRONMENTAL QUALITY ACT
TO: FROM:

Clerk of the Board of Supervisors Office of Planning & Research Local Agency Formation Commission County Government Center State Clearinghouse 1601 E . 3`d Street, Suite 102 385 North Arrowhead Avenue P.O. Box 3044 San Bernardino, CA 92415-0490 San Bernardino, CA 92415-0130 Sacramento, CA 95812-3044 PROJECT TITLE: LAFCO SC#533— City of Upland Sewer Service Agreement No. 2024-10-3 PROJECT LOCATION: An existing single-family residence along with an accessory dwelling unit that is proposed to be built on the parcel located on the eastern side of Thunder Mountain Road (2550 Thunder Mountain Road), within the northern sphere of influence of the City of Upland, in the unincorporated community commonly known as San Antonio Heights, San Bernardino County.

DESCRIPTION: Approval of a service extension agreement submitted by the City of Upland to provide sewer service to the parcel identified in the project location (Assessor Parcel Number 1003-041-08)
PUBLIC AGENCY APPROVING THE PROJECT: Local Agency Formation Commission AGENCY CARRYING OUT PROJECT: City of Upland
EXEMPT STATUS AND REASONS: The Executive Officer of the Local Agency Formation Commission has determined that the approval of LAFCO SC#533 is categorically exempt from environmental review. The Executive Officer determines that approval of the service extension agreement falls under the Class 3 Categorical Exemption, Section 15303(d) of the State California Environmental Quality Act Guidelines, as the agreement relates to sewer connection (extension)to serve existing structures. Therefore, this proposal is not subject to environmental review under the- provisions of the State CEQA Guidelines section cited above or the Commission's adopted CEQA Guidelines.

CONTACT PERSON: Local Agency Formation Commission Staff Phone: (909) 388-0480
DECISION DATE: November 1, 2024

SAMUEL MARTINEZ
Executive Officer
cc: Erik Stene, Regulatory Compliance Specialist, City of Upland

APPLICATION FOR SEWER CONNECTION co
co
(Upland Municipal Code(UMC)Sec. 13.24.150)
n
Property Within the City limits Date: 9/30/2024 (NI a)
Location: n County Unincorporated Area (SW Quad and SA Hgts)) File: #11 c� (Pls Check one): F-7 Other(Specify) Request logged by: E.S.

Street Address : 2550 THUNDER MOUNTAIN RD Acct.Number:

A. APPLICANT INFORMATION (To be provided by applicant)
Name : Patrick Szurpicki (Check one that describes applicant) Address: (lfditf. 2550 Thunder Mounatin Rd Owner Engineer from above) Broker Realtor
Contact Phone (Home) X Other(Specify) Contractor Numbers : (Work) 626-975-0103 Architect
Assessors Parcel No.: Is the building or structure to be Frontage, ft. 150 Acreage: 1.03 connected existing?(Y/ N ) Type of Use(Check appropriate blocks): if yes, indicate year built:

X - Residential - Non-Resd'1 (Commercial f Industrial) X -Single-family 2 units - User Category Multi-family (Fill out Fixture Unit
units -No. of fixture units Table,Page 3)
Other (Describe) - Private only/Public access?) B. PERMITTING AND PRE-CONSTRUCTION REQUIREMENTS: (IMPORTANT-Check all applicable items) x -Payment of connection fees (Receipt#) x -Executed Sewer Service Agreement x -Sign-up for sewer service (Account#) X -LAFCO approval-Service Agreement (909-387-5866) x -City of Upland Construction Permit (#) x -SB County Roads Dept. Permit (909-387-2890) x -City of Upland Bldg Dept. Permit(House connection) x -SB County Bldg Dept. Permit (909-838-4909) x -City of Upland Street Closure/Lane Closure Permit -Other permits:
x Pre construction meeting with PW inspector
FOR OFFICE USE ONLY(Environmental Division)
C. SEWER CONNECTION FEE (Calculations at the back, Part E.) To City Environmental Fund 645: $ 18,829.69 To Fund 645-3210 (City SSFEF): $2,610.00 (Acct. No. 645-300-0000-3687) (Acct. No. 645-300-0000-3210) To Reimbursement Agreement: To Fund 207-3209 (IEUA CCRA) $8,620.00 (Acct. No. 645-231-0000-2345) (Acct. No. 207-300-0000-3209) Sewer Reimb. Agreement No.: 2 Sewer Facilities Expansion Fees: (UMC Sec. 13.24.040&.080) $11,230.00
Pay To:
(Mailing Address.) 3 TOTAL SEWER CONNECTION
CHARGES : (1) +(2) $30,059.69
1 Sewer Cost Recovery :
(UMC Sec. 7512 5) $ 18,829.69 Va d until: (Dal /December 31, 2024 APPROVED:-
Estimated By: Erik Stene
(Name/Title) Regulatory Comp. Spc. C ris Alanis Date: 9/30/2024 In errim ublic Works Director SCE 2550 Thunder Mountain Rd.xls
Ver 01/22 Page 1 of 2

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FOR OFFICE USE ONLY(Environmental Division) coo D. SEWER FACILITY INFORMATION o
1 Public Works Dept. Files: o
Sewer Plan No : SS-81-40 Tract /Project No. Tract#11662 Year Const'd: 1985 CCI, ENRLA: 4195 Unit Cost: 0_ Constructed By: City of Upland CCI, ENRLA. Current Date: 13632.23 CCI Adjustment Factor: 3.2496377
Reimb. Agmnt Apply?(Y/N) NO
If yes, Agmnt. No. Wye, Tee or lateral location per plan, if available With whom: Contractor will need to make single connection at main&Lat.to connect both the primary&ADU structures
(Note:City of Upland requires 6-inch wye or Tee and lateral for all connections and a clean-out 6-inches back off property line.(Refer to Std Drawing CU-Z-4 for details))
2 Building Dept. files - House connection diagram ?(Y/N) Researched/ verified by-initial
3 Finance Dept files -Being billed for sewer service?(Y/N) and date E. CALCULATION OF SEWER CONNECTION FEES
1 Capital Cost Recovery:
a. Frontage on Thunder Mountain = 150'
b. Cost per L/F 8' VCP 2024 = $75.00, 50% Benefit Ratio c. CCI Historical 1985=4195, CCI Current=13632.23 = 3.25 adjustment factor d. (150' front. x $75 I/f x .5)=$5,625 ($5,625x3.25)=$18,281.25 e 3% Admin. Surcharge, $18,281.25x0.03 =$548.44
f $18,281.25 + 548.44 =
g Grand Total = $18,829.69
Fee Schedule, Council Resolution#6110 adopted May 29,2012, 2 Sewer Facilities Expansion Fees : effective July 1,2013 City SSFEF- $ 1,305 /EDU
SSFSF = $1305/Unit (existing home + ADU = 2 units) IEUA CCRA- $ 8,620 /EDU Total = $ 9,925 /EDU
CCRA= $8620/Unit (ADU exempt to IEUA Fees)
3 Sewer User Fee: Use Category
SFR x EDU's 2
MFR _ EDU's Sewer Charges SFR $ 29.69 per month MFR $ 20.78 per month
Prepared: se,_ Reviewed :
(Signature and Date) (Signature and Date)
SCE 2550 Thunder Mountain Rd.xls
Ver 01/22 Page 2 of 2

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DATE: December 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: CONSIDER AN AWARD OF BID FOR PROJECT NO. 74010, LEXINGTON STREET, 1ST AVENUE, AND 2ND AVENUE STREET REHABILITATION AND UTILITY

IMPROVEMENTS

RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for Project 74010; award the construction contract to All American Asphalt in the amount of $895,527; and authorize a construction contingency in the amount of $100,000, for a total amount of $995,527.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining and improving the City’s public roadway and water facilities.

BACKGROUND
The City recently completed the construction documents for Project 74010 in order to rehabilitate the roadway surface and upgrade water infrastructure utilities as indicated on the attached map. Specific improvements include installation of new water service laterals; replacement of water hydrant laterals; removal and replacement of displaced sidewalk, curb & gutter, and drive approaches; upgrading existing curb ramps to ADA standards; and removal of existing asphalt pavement and installation of new rubberized asphalt pavement.

ISSUES AND ANALYSIS
The project was advertised on November 5, 2024 and November 12, 2024 in accordance with the California Public Contract Code (Section 20164) and was also posted on the City’s website and Planet Bids. On November 26, 2024, the City received and opened seven (7) bids for the project, under Bid No. 2024-11, as follows:

BIDDER BID AMOUNT
All American Asphalt $895,527.00
T.E. Roberts, Inc. $944,687.00
Hardy & Harper, Inc. $1,030,000.00
Gentry General Engineering, Inc. $1,070,894.00
DASH Construction Company, Inc. $1,097,994.00
Estate Design and Construction $1,100,678.00
Prestige Paving Company Inc. $1,226,647.83

The lowest responsible bidder was All American Asphalt of Corona, California, with a bid of $895,527. The City has reviewed all seven bid packages and confirmed that All American Asphalt is the lowest responsible and responsive bidder. If awarded on December 9, 2024, construction is anticipated to begin in January and be substantially complete by late April, weather permitting.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves

repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on October 16, 2024.

FISCAL IMPACTS
The total project cost is estimated at $1,054,527 as summarized below:

Estimated Project Costs
Basic Bid Amount $895,527
Construction Contingency $100,000
Total Contract Work: $995,527

Construction Administration and Inspection $40,000
City Furnished Materials (Water Meter Boxes) $9,000
Material Testing $10,000
Total Project Cost: $1,054,527

FY 2024/25 Available Funding
FY 24-25 CIP Acct. No. 2057500-5540-74010 (Measure I Fund) $679,527 FY 24-25 CIP Acct. No. 6407500-5540-74010 (Water Fund) $375,000 Total Project Funding: $1,054,527

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re -advertise the Project. Due to a successful bidding process staff does not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed a Notice of Exemption with the County of San Bernardino on October 16, 2024.

Project No. 74010 Vicinity Map
Legend

Project Location

DATE: December 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: CONSIDER AWARD OF BID FOR PROJECT NO. 16127, DOWNTOWN PUBLIC PARKING LOT IMPROVEMENTS ON THE SOUTH SIDE OF “A” STREET, 450 FEET EAST OF THIRD AVENUE

RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for Project No. 16127; deem the bid from Estate Design and Construction non-responsive, award the construction contract to H L Hitchcock Construction, Inc. in the amount of $228,135; and authorize a construction contingency in the amount of $60,000, for a total amount of $288,135.

GOAL STATEMENT
The proposed action supports the City’s goal of removing and disposing of old abandoned electrical facilities and improving the City’s public parking facilities.

BACKGROUND
The City recently completed the design and construction documents for Project 74010 in order to remove abandoned electrical facilities and improve public parking facilities located on the south side of “A” Street, approximately 450 feet east of Third Avenue (adjacent to the current Eden Gardens Restaurant). Specific improvements include removal and disposal of an abandoned electrical underground vault including piping and vents; removal and disposal of chain link fence and footings; trash enclosure improvements; construction of concrete improvements; grading, subgrade preparation, and compaction; asphalt paving construction; installation of new concrete wheel stops; parking lot striping; and irrigation/landscaping improvements.

ISSUES AND ANALYSIS
The project was advertised on November 12, 2024 and November 19, 2024 in accordance with the California Public Contract Code (Section 20164) and was also posted on the City’s website and Planet Bids. A pre-bid meeting was held on November 19, 2024. On November 26, 2024, the City received and opened 8 bids for the project, under Bid No. 2024-13, as follows:

BIDDER BID AMOUNT
Estate Design and Construction (1) $223,571.31 (1)
H L Hitchcock Construction, Inc. $228,135.00
Roadway Engineering & Construction Corp. $231,750.00
Leonida Builders, Inc. $252,510.00
TSR Construction and Inspection, Inc. $263,650.00
Marjani Builders, Inc. $295,855.00
Gentry General Engineering, Inc. $336,694.00
All American Asphalt $372,265.00
Note (1) = Non-responsive bid (due to no bid bond attached)

The lowest responsible bidder was H L Hitchcock Construction, Inc. of Rancho Cucamonga, California, with a bid of $228,135. The City has reviewed all 8 bid packages and in consultation with the City Attorney’s office, confirmed that H L Hitchcock Construction, Inc. is the lowest responsible and responsive bidder. If awarded tonight, construction is anticipated to begin in February and be substantially complete by May, weather permitting.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of t he CEQA guidelines. The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on October 30, 2024.

FISCAL IMPACTS
The total project cost is estimated at $347,546 as summarized below:

Estimated Project Costs
Basic Bid Amount $228,135
Construction Contingency $60,000
Total Contract Work: $288,135

Previous FY 24-25 Design Expenditures and Legal Advertising $8,161 Construction Administration and Inspection $30,000
CDBG Labor Compliance (LDM Assoc. contract) $16,250
Material Testing $5,000
Total Project Cost: $347,546

FY 2024/25 Available Funding
FY 24-25 CIP Acct. No. 209-16127 (CDBG Fund) $131,400
FY 24-25 CIP Acct. No. 210-16127 (PBIA Fund) $39,000
FY 24-25 CIP Acct. No. 229-16127 (ARPA Fund) $177,146 Total Project Funding: $347,546

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re -advertise the Project. Due to a successful bidding process and strict time limitations on encumbering ARPA funds, staff does not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

DATE: December 9, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

NORBERTO FERREIRA, CHIEF WATER TREATMENT OPERATOR

LIZBETH RODRIGUEZ, MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF SIX BASINS PURCHASE ORDER INCREASE

RECOMMENDED ACTION:

It is recommended that the City Council approve a $9,168 increase to Purchase Order No. 20250093, for a total purchase order amount of $55,260, to accommodate the updated assessment fees from Six Basins for the calendar year 2024.

GOAL STATEMENT
The proposed action supports the City’s goal of ensuring compliance with stipulated Judgement titled, “Southern California Water Company vs. City o f La Verne, et al.”

BACKGROUND
The original Six Basins Purchase Order (PO No. 20250093) was established using last year’s assessment fees, totaling $44,250.

ISSUES AND ANALYSIS
Six Basins assesses their shares on a calendar-year basis, and the new assessment for 2025 has resulted in a fee of $55,260, creating a shortfall of $9,168. The increased assessment rate is a result of operational adjustments by Six Basins, including a $2 per acre-foot increase in the assessment rate compared to 2024, bringing the total to $30 per acre-foot.

The assessment increase is based on Six Basins’ budget increase of approximately $105,770, a 5% rise from 2024, reflecting higher operating expenses, including increased costs for technical and administrative services as well as professional services such as legal and audit fees. Additionally, the increase accounts for a $50,000 allocation to fund water quality studies, which aligns with the Board’s interest in enhancing understanding of water conditions across the Six Basins. Finally, the adjustment supports maintaining adequate reserves to ensure sustainability and financial stability. It is important that the City adjust the purchase order to meet these updated financial obligations.

Failing to adjust the purchase order would result in insufficient funds to process the required payment for Six Basins’ assessment fees. Pursuant to the Judgement, the City is obligated to submit annual assessments. By increasing the purchase order, the City will ensure that the payment is processed promptly, maintaining compliance and continuity with Six Basins.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus, is exempt.

FISCAL IMPACTS
With the PO increase of $9,168, the total purchase order is $55,260. There are available funds in the W ater Utility Production/Storage Utilities Account No. 6406205-5244.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

Board MeeƟng Agenda – Six Basins Watermaster Page 1 of 2 S:\Clients\6BWM\Admin\MeeƟngs\2024

AGENDA
Six Basins Watermaster
Board MeeƟng
Three Valleys Municipal Water District
1021 Miramar Avenue, Claremont
Wednesday, November 20, 2024, 2:00 PM

Option for Public to Join Via GoToMeeting and Teleconference Call OpƟon 1: Join the meeƟng from your computer or tablet:

Click on this link: Click here to join the meeƟng
MeeƟng ID: 241 807 822 752
Passcode: 8hnjeP
OpƟon 2: Dial in using your phone
Call in using the following phone number: 1-415-915-0393 Phone Conference ID: 725-087-975#
Call to Order and Pledge of Allegiance President
Roll Call West Yost
Party RepresentaƟves Alternates
City of Pomona (5) Chris Diggs, President Melissa Cansino PVPA (2) Ben Lewis, Vice President Victor Preciado
City of Upland (5) Norberto Ferreira, Treasurer Nicole deMoet City of Claremont (2) Jennifer Stark, Secretary Jeremy Swan Golden State WC (5) Toby Moore Samantha Chen
City of La Verne (5) Meg McWade Ryan Cioƫ
Pomona College (1) Alexis Reyes Robert Robinson
San Antonio WC (1) Brian Lee Teri Layton
TVMWD (2) Jeff Hanlon Jody Roberto
Number of votes present 20 votes required for quorum
(17 votes required for acƟon)
AddiƟons to the Agenda President
Public Comment President
(Opportunity for members of the public to address the Watermaster on maƩers within the Watermaster’s jurisdicƟon)

Board MeeƟng Agenda – Six Basins Watermaster Page 2 of 2 S:\Clients\6BWM\Admin\MeeƟngs\2024

Consent Calendar President
(AcƟon Item)
a. Receive and file meeƟng minutes: Wednesday, October 23, 2024 Board MeeƟng b. Receive and file Financial Reports: September 1 through October 31, 2024 Adopt CY 2025 OperaƟng Safe Yield West Yost (AcƟon Item)
Adopt CY 2025 Budget and Assessment West Yost (AcƟon Item)
Approve Task Order 2025-1:2025 Technical and AdministraƟve Services West Yost (AcƟon Item)
Adopt CY 2025 MeeƟng Schedule West Yost
(AcƟon Item)
Closed Session President
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to SecƟon 54956.9(d)(1)
Name of case: Asemota et al. v. City of Claremont et al. (LASC Case No. 24STCV08598) Closed Session Report Legal Counsel
(InformaƟon Item)
Board Member Comments President

Upcoming MeeƟngs President
(InformaƟon Item)
a. Board: Wednesday, January 22, 2025, 2:00 p.m.
b. Board: Wednesday, February 26, 2025, 2:00 p.m.

Adjournment of Board MeeƟng President

Board MeeƟng Minutes – Six Basins Watermaster Page 1 of 3 K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\ENGR\MeeƟngs\2024

MINUTES
Six Basins Watermaster
Board MeeƟng
Held at Three Valleys Municipal Water District
1021 Miramar Avenue, Claremont
Wednesday, October 23, 2024, 2:00 PM

1. Call to Order & Pledge of Allegiance
The meeƟng was called to order by Vice President Lewis at 2:00 p.m.

2. Roll Call
Roll call was taken. Ms. Sanchez confirmed that a quorum of 27 votes was present and accounted for.

Board Members Present
(27 votes)

City of Pomona (5) – Melissa Cansino
San Antonio WC (1) – Brian Lee
City of Upland (5) – Norberto Ferreira
City of Claremont (2) – Jennifer Stark
City of La Verne (5) – Meg McWade
Pomona Valley ProtecƟve AssociaƟon (2) – Ben Lewis
Three Valleys MWD (2) – Jody Roberto
Golden State Water Company (5) – Toby Moore
Board Members Absent
(1 votes)
Pomona College (1)
Watermaster Staff
Carolina Sanchez – West Yost
Andy Malone – West Yost
Michael Schaefer – West Yost
Sarah Faraola – West Yost
General Counsel Steven Flower – Richards, Watson & Gershon

Others Present

Nicole de Moet – City of Upland
Jesse Aguilar – City of Upland
Jeremy Swan – City of Claremont
MaƩ Litchfield – Three Valleys MWD
Brian Pen – Three Valleys MWD
Alexis Reyes – Pomona College (aƩended virtually as non-voƟng member) Jared Macias – Walnut Valley Water District
Sherry Shaw – Walnut Valley Water District
Steve – Public
Ron Bolding – Public
Tony Garcia – Public
Item 05a Page 3 of 49

Board MeeƟng Minutes – Six Basins Watermaster Page 2 of 3 K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\ENGR\MeeƟngs\2024

Sara Simon – Public
Natalie Shaw – Public
Bob Powell - Public

3. AddiƟons to Agenda
Vice President Lewis called for any addiƟons or changes to the agenda. No addiƟons or changes were made to the agenda.

4. Public Comment
Vice President Lewis called for public comments. No public comments were made.

5. Consent Calendar
The Consent Calendar for October 23, 2024 Six Basins Watermaster Board meeƟng included:
a. Receive and file meeƟng minutes: Wednesday, August 28, 2024 Board MeeƟng b. Receive and file Financial Reports: September 1 through August 31, 2024 MoƟon No. 24-10-637 MoƟoned by Director Stark, seconded by Director Roberto to approve Consent Calendar item 5(a) and 5(b) for the October 23, 2024 Board meeƟng.

MoƟon No. 24-10-637 carried unanimously by the 27 votes present.

6. DraŌ CY 2025 OperaƟng Safe Yield
Ms. Sanchez gave an overview of the draŌ OperaƟng Safe Yield (OSY) recommendaƟon of 14,000 acre-feet (af) or less. Ms. Sanchez described the various factors that contribute to determining the OSY, including:
climate, precipitaƟon, producƟon, spreading and current groundwater levels. She explained how precipitaƟon, spreading volumes and producƟon influence groundwater condiƟons. Based on these factors, Staff recommended that the OSY for CY 2025 be set to a volume of less than or equal to 14,000 af.

A discussion ensued regarding how spreading and producƟon impact groundwater levels in the Basin.

Director McWade requested that staff provide addiƟonal informaƟon on seƫng a temporary surplus. Ms.

Sanchez requested wriƩen comments on the draŌ OSY by November 12, 2024.

7. DraŌ CY 2025 Budget and Assessment
Ms. Sanchez led a discussion on the draŌ 2025 Budget of $1,942,758 and recommended an assessment of $30/af, a $2/af increase from 2024. Ms. Sanchez explained the increase of $56,000 compared to the CY 2024, which is equivalent to about a three percent increase. Ms. Sanchez requested wriƩen comments on the draŌ 2025 Budget by November 12, 2024.

8. PFAS Monitoring
Mr. Schaefer reported on PFAS monitoring data in the Six Basins available from the California Department of Drinking Water (DDW). A discussion ensued and Vice President Lewis recommended that the Board conduct a source characterizaƟon study on PFAS.

9. MarƟn Cienega
Ms. Sanchez described the MarƟn Cienega and summarized a recent leƩer received from the City of Claremont. Ms. Sanchez explained trends in groundwater levels at three wells within the MarƟn Cienega area that highlight the hydrogeologic complexity of the area. Only the Berkeley well has exhibited high Item 05a Page 4 of 49

Board MeeƟng Minutes – Six Basins Watermaster Page 3 of 3 K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\ENGR\MeeƟngs\2024

groundwater levels since 1972 and groundwater-levels at the other wells remain below the 240-foot liquefacƟon threshold. Vice President Lewis called for public comments.

Sara Simon and Natalie Shirus asked quesƟons about the pumping status at the Berkeley well and where the high groundwater is being captured. A discussion ensued. Vice President Lewis explained that the Berkeley well has not been in operaƟon due to mechanical issues and cannot be serviced at this Ɵme due to safety issues under artesian condiƟons. The Board members also discussed ways to improve public communicaƟon on the high-groundwater issue.

10. Closed Session
The Board entered closed conference with General Counsel for:
a. Conference with legal counsel regarding exisƟng liƟgaƟon pursuant to Gov. Code SecƟon 54956.9(d)(1), name of case: Asemota et al. v. City of Claremont et al. (LASC Case No. 24STCV08598). b. Conference with legal counsel regarding potenƟal liƟgaƟon pursuant to Gov. Code § 54956.9(d)(2) and (3) (One case). Before entering closed session, General Counsel announced that this item concerns potenƟal claims arising from the recent high groundwater levels at the MarƟn Cienega, which was discussed publicly under Item 9.

11. Closed Session Report
General Counsel announced no reportable acƟons.

12. Closed Session Report
Vice President Lewis called for Board Member comments. No Board comments were made

13. Upcoming MeeƟngs
a. Board: Wednesday, November 20, 2024, 2:00 p.m.
i. Final CY 2025 OperaƟng Safe Yield
ii. Final CY 2025 Budget and Assessment
b. Board: Wednesday, January 22, 2025, 2:00 p.m.

13. Adjournment of Board MeeƟng
Vice President Lewis adjourned the Board meeƟng at 3:34 pm.

Recorded by: Michael Schaefer
West Yost
Jennifer Stark, Secretary
Board of Directors, Six Basins Watermaster

Item 05a Page 5 of 49

Description Actual
CY 2024
YTD Actual
CY 2024
Approved
Budget
CY 2024
Percent
of Budget
Variance-
Favorable
(Unfavorable) Actual
CY 2024
YTD Actual
CY 2024
Approved
Budget
CY 2024
Percent
of Budget
Variance-
Favorable
(Unfavorable) Actual
CY 2024
YTD Actual
CY 2024
Approved
Budget
CY 2024
Percent
of Budget
Variance-
Favorable
(Unfavorable)

REVENUES
Assessments - Operating -$ 575,110.63$ 575,111.00$ 100% (0.37)$ -$ -$ -$ 0% -$ -$ 575,110.63$ 575,111.00$ 100% (0.37)$ Assessments - Capital -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ PVPA Cost Share -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ Interest 8,253.46$ 23,294.00$ 15,000.00$ 155% 8,294.00$ 8,253.46$ 23,294.00$ 15,000.00$ 155% 8,294.00$ 16,506.91$ 46,588.00$ 30,000.00$ 155% 16,588.00$ TOTAL REVENUES 8,253.46$ 598,404.63$ 590,111.00$ 101% 8,293.63$ 8,253.46$ 23,294.00$ 15,000.00$ 155% 8,294.00$ 16,506.91$ 621,698.63$ 605,111.00$ 103% 16,587.63$

EXPENSES
Operating:

Technical Services 10,812.50$ 241,741.22$ 399,826.00$ 60% 158,084.78$ -$ -$ -$ 0% -$ 10,812.50$ 241,741.22$ 399,826.00$ 60% 158,084.78$ Professional / Operational Services
Audit -$ 10,200.00$ 10,700.00$ 95% 500.00$ -$ -$ -$ 0% -$ -$ 10,200.00$ 10,700.00$ 95% 500.00$ Legal 1,839.89$ 31,121.94$ 35,000.00$ 89% 3,878.06$ -$ -$ -$ 0% -$ 1,839.89$ 31,121.94$ 35,000.00$ 89% 3,878.06$ PVPA O & M of Spreading Grounds -$ 68,095.56$ 294,500.00$ 23% 226,404.44$ -$ -$ -$ 0% -$ -$ 68,095.56$ 294,500.00$ 23% 226,404.44$ O&M Watermaster Facilities & Equip -$ 4,863.54$ 5,000.00$ 97% 136.46$ -$ -$ -$ 0% -$ -$ 4,863.54$ 5,000.00$ 97% 136.46$ Website -$ 512.00$ 462.00$ 111% (50.00)$ -$ -$ -$ 0% -$ -$ 512.00$ 462.00$ 111% (50.00)$ Insurance Expense 3,036.22$ 14,332.44$ 16,500.00$ 87% 2,167.56$ -$ -$ -$ 0% -$ 3,036.22$ 14,332.44$ 16,500.00$ 87% 2,167.56$ Depreciation 4,198.86$ 20,993.10$ -$ 0% (20,993.10)$ -$ -$ -$ 0% -$ 4,198.86$ 20,993.10$ -$ 0% (20,993.10)$ Other: Bank Fees -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ -$ -$ -$ 0% -$ Capital/Special Projects:

Strategic Plan Implementation - New Monitoring Well -$ -$ 960,000.00$ 0% 960,000.00$ -$ -$ 960,000.00$ 0% 960,000.00$ Strategic Plan Implementation - SASG 10,164.20$ 12,406.38$ 165,000.00$ 8% 152,593.62$ 10,164.20$ 12,406.38$ 165,000.00$ 8% 152,593.62$ TOTAL EXPENSES 19,887.47$ 391,859.80$ 761,988.00$ 51% 370,128.20$ 10,164.20$ 12,406.38$ 1,125,000.00$ 1% 1,112,593.62$ 30,051.67$ 404,266.18$ 1,886,988.00$ 21% 1,482,721.82$ EXCESS/(DEFICIENCY) OF REVENUES OVER EXPENSES (11,634.02)$ 206,544.83$ (171,877.00)$ -120% 378,421.83$ (1,910.75)$ 10,887.62$ (1,110,000.00)$ -1% 1,120,887.62$ (13,544.76)$ 217,432.45$ (1,281,877.00)$ -17% 1,499,309.45$

SIX BASINS WATERMASTER
Budget Status Report
For the Period from September 1, 2024 through October 31, 2024

OPERATING FUND CAPITAL/SPECIAL PROJECTS FUND TOTAL OPERATING AND CAPITAL FUNDS It
e
m

0 5
b
Pa
g
e

6 o
f

4 9

CLEARED PAYABLES
RWG Law 3252 1,242.28
Solinst Canada Ltd 3253 4,863.54
West Yost & Associates, Inc. 3254 24,344.40
RWG Law 3255 1,527.50
West Yost & Associates, Inc. 3256 45,107.93

Total Check Disbursement:77,085.65$

UNCLEARED PAYABLES

Total Check Disbursement:-$

SIX BASINS WATERMASTER

CHECK DISBURSEMENT LIST
For the Period from September 1, 2024 through October 31, 2024 PAYEE CHECK #
Check
Amount
Item 05b Page 7 of 49

Checking Local Agency
Acct Demand Investment Funds Totals
DEPOSITORIES:

US Bank (1,946,884.93) (1,946,884.93)
Local Agency Investment Fund - Sacramento 1,408,445.43 1,408,445.43 Outstanding Payables - - - TOTALS (1,946,884.93) 1,408,445.43 (538,439.50) SUMMARY OF FINANCIAL TRANSACTIONS:

Balances as of September 1, 2024 704,593.67 1,391,938.52 2,096,532.19 Deposits - - - Interest - 16,506.91 16,506.91 Transfers - - - Cleared Payables (77,085.65) - (77,085.65)

Ending Balance for Period 627,508.02 1,408,445.43 2,035,953.45 Outstanding Payables - - - TOTALS 627,508.02 1,408,445.43 2,035,953.45 Accounts Payable (299.39) (299.39)
Interest Accrual - - - Accounts Receivable - -
Prepaid Expenses 11,706.80 - 11,706.80 Balances as of October 31, 2024 638,915.43 1,408,445.43 2,047,360.86

SIX BASINS WATERMASTER

STATEMENT OF FINANCIAL TRANSACTIONS BY BANK FACILITY
For the Period from September 1, 2024 through October 31, 2024 Item 05b Page 8 of 49

Operating Capital/Special
Reserves Reserves Totals
Balances as of September 1, 2024 518,178.85$ 1,481,855.83$ 2,000,034.67$ Change in Value for PVPA O&M for Prior Year 0.00 0.00 0.00 Reserves Transfer 0.00 0.00 0.00
Balances as of September 1, 2024 518,178.85$ 1,481,855.83$ 2,000,034.67$ Revenue from Administrative Assessments 0.00 0.00 0.00
Revenue from PVPA Cost Share 0.00 0.00 0.00
Revenue from Interest 8,253.46 8,253.46 16,506.91
Expenses (19,887.47) (10,164.20)(30,051.67)
Ending Reserves Balances 506,544.83$ 1,479,945.08$ 1,986,489.91$ Reserve Goal* 300,000.00$ 700,000.00$ 1,000,000.00$ (Under)/Over Goal 206,544.83$ 779,945.08$ 986,489.91$ *NOTE: All amounts held in checking and LAIF are deemed to be "Reserves"/Cash balances

SIX BASINS WATERMASTER

BUDGET RESERVE BALANCES
For the Period from September 1, 2024 through October 31, 2024 Item 05b Page 9 of 49

MEMORANDUM

DATE: November 20, 2024 SENT VIA: EMAIL

TO: Six Basins Watermaster Board

FROM: West Yost; Watermaster Staff

SUBJECT: Recommendation for 2025 Operating Safe Yield

☒ For Action ☐ Fiscal Impact ☐ Funds Budgeted
☐ Information Only ☐ Cost Estimate: $

RECOMMENDED ACTION
Based on the analysis of groundwater production, groundwater elevations, the threat of rising groundwater, and current and projected climatic conditions, Staff recommends that the operating safe yield (OSY) for the Four Basins for calendar year (CY) 202 5 be set to a volume of less than or equal to 14,000 acre-feet (af), which is 500 af more than the current OSY for CY 2024.

BACKGROUND
Pursuant to the Physical Solution in the Six Basins Judgment (VI.B.3), Watermaster establishes an Operating Safe Yield (OSY) for the Four Basins before the start of each CY. The OSY is an operating concept defined by the Judgment as:
“the amount of groundwater, in acre feet, which the Watermaster shall determine can be produced from the Four Basins Area by the parties during any single year, free of any replacement obligation under the Physical Solution.”
Watermaster considers all relevant factors in determining the OSY, including the amount of groundwater in storage and the need to control groundwater levels. Reasons to increase OSY in any given year include the need to control groundwater levels to protect against rising groundwater or subsurface los ses and/or the need to meet increased demands of the Watermaster Parties. Reasons to reduce OSY in any given year include the need to protect against declining groundwater levels which can impact the ability of Parties to produce groundwater. Watermaster m ay re-evaluate and adjust the OSY mid-year if the factors used to determine OSY change.

The OSY of the Four Basins was 17,500 af from 2009 -2013. From 2014-2023, the OSY was incrementally reduced to 13,000 af due to long-term drought conditions and the related decline in groundwater levels that reduced groundwater-production capacity at numerous wells in the Four Basins. The OSY increased to 13,500 af in CY 2024 due to the relatively wet conditions and increasing groundwater levels .

DISCUSSION
The discussion below describes lines of evidence that Staff considered to recommend an OSY for CY 2025.

Item 06 Page 10 of 49

Groundwater Production
Table 1 summarizes the OSY, Carryover Rights, groundwater production, and storage account balances for CY 2008 through CY 2024 (2024 is estimated).

The main observations and conclusions from Table 1 are:

1. From 2012 to 2019, actual production generally declined, primarily due to drought conditions and declining groundwater levels in areas north of the Indian Hill Fault, which constrained production capacity at wells , and increased temporarily in 2020 due to wet conditions . After declining from 2021 to 2022, production began increasing again in 2023 and 2024 in response to wet conditions in water years 2023 and 2024 and related increases in groundwater levels in areas north of the Indian Hill Fault. Groundwater production in 2024 is projected to be nine percent more than production in 2023 and five percent more than the average annual production during 2008-2023.

2. Historically, the Parties have collectively produced less than their combined OSY and Carryover Rights. In 2024, the Parties are expected to produce 3,140 af less than their combined OSY and Carryover Rights.

3. Water in Storage and Recovery accounts will be approximately 18,584 af by year-end 2024, which is about 12,800 af higher than in 2008. In general, extractions from Storage and Recovery accounts have been minimal.

Calendar
Year OSY Carryover from
Prior Year
OSY
+
Carryover
Actual Production Under/(Over)
Production
Year-End Storage
Account Balance
(a)(b)(c) (d) = (b+c)(e)(f) = (d-e)(g)
2008 18,500 2,224 20,724 17,387 3,337 5,826
2009 17,500 2,987 20,487 17,508 2,979 5,920
2010 17,500 3,155 20,655 17,056 3,598 7,924
2011 17,500 3,626 21,126 17,439 3,687 10,361
2012 17,500 3,543 21,043 17,762 3,281 10,170
2013 17,500 3,563 21,063 15,120 5,943 10,496
2014 16,500 3,815 20,315 14,628 5,687 11,349
2015 16,000 4,057 20,057 12,120 7,937 11,036
2016 16,000 3,995 19,995 11,494 8,501 11,634
2017 14,000 3,995 17,995 11,467 6,528 13,732
2018 13,500 3,292 16,792 10,989 5,803 14,207
2019 13,000 3,301 16,301 11,240 5,061 16,178
2020 13,000 2,729 15,729 13,940 1,789 16,425
2021 13,000 1,517 14,517 13,443 1,074 14,766
2022 13,000 2,152 15,152 10,852 4,300 15,645
2023 13,000 2,457 15,457 11,580 3,878 18,079
2024 (est)13,500 2,309 15,809 12,669 3,140 18,584
Average
through 2023 15,600 3,150 18,588 14,002 4,586 12,109
Table 1
Production and Storage Accounting in the Four Basins
(af)
Item 06 Page 11 of 49

4. Even if groundwater demands and/or production capacity increase in 202 5, there will not be an immediate need to increase the OSY because there will be Carryover Rights and water in Storage and Recovery accounts for the Parties to satisfy Replacement Water obligations. This assumes that a Party that over-produces its OSY and Carryover Rights would acquire un-produced rights or stored water from another Party rather than purchase imported Replacement Water, as has been the case since the implementation of the Judgment began in 1999.

Table 2 shows the share of OSY by Party versus actual groundwater production for 202 2, 2023, and 2024 (2024 is estimated).

The main observations and conclusions from Table 2 are:

1. For the Parties that produced groundwater from the Upper Claremont Heights Basin (UCHB) and Canyon Basin in 2023, City of Upland, GSWC and West End under -produced their OSY rights.

SAWCo and TVMWD both over produced their OSY rights. TVMWD is an over-producer because its share of the OSY is minor. Total estimated production in 2024 is about 1,100 af higher compared to 2023. With the exception TVMWD, all other Parties are projected to increase production in 2024 compared to 2023.

2. For the Parties that produced groundwater from the Pomona Basin, both the City of La Verne and the City of Pomona are projected to increased production in 2024 compared to 2023. City of La Verne is projected to underproduce its OSY rights in 2024, while the City of Pomona is projected to overproduce its OSY rights.

3. An OSY of 13,500 af in 2025 will not necessarily restrict production for any single Party in the Four Basins because of the availability of unproduced OSY/Carryover rights and water from Storage and Recovery accounts (also see Table 1).

OSY OSY OSY
%13,000 13,000 13,500
City of La Verne 7.601%988 1,165 (177)988 779 210 1,026 866 161 City of Pomona 20.798%2,704 2,387 317 2,704 2,607 97 2,808 3,722 (914) City of Upland 9.544%1,241 757 484 1,241 693 548 1,288 720 569 Golden State WC1 39.363%5,117 3,972 1,145 5,117 2,873 2,244 5,314 2,986 2,328 San Antonio WC 7.166%932 895 37 932 1,272 (341)967 1,439 (471) Three Valleys MWD 0.130%17 324 (307)17 2,226 (2,209)17 1,195 (1,178) West End CWC 15.399%2,002 1,352 649 2,002 1,130 872 2,079 1,742 337 Totals 100%13,000 10,852 2,148 13,000 11,580 1,421 13,500 12,669 831 Production
1 Historically, Golden State Water Company (GSWC) acquired temporary transfers of production rights from the City of Claremont and Pomona College. It is assumed the transfers will occur again in CY 2024.

Table 2
Groundwater Production by Party Compared to Share of OSY Party
Share of
OSY
Annual OSY Share and Annual Production (af)
2023 2024 (est. production)
Under/
(Over)
Under/
(Over)Production Production
2022
Under/
(Over)
Item 06 Page 12 of 49

Threat of High Groundwater Conditions
In January 2017, the Board adopted a new methodology that uses real -time data to evaluate spreading and the threat of high groundwater conditions. The methodology1 involves the following steps:

1. At the start of each water year, estimate the volume of spreading that can occur at the SASG without causing a condition of high groundwater based on the water level measured at the Mountain View-4 (MV-4) well.

2. Collect high-frequency measurements of water levels at the following key wells: MV -4, Mills-1, and P-20.

3. Direct PVPA to curtail spreading at the SASG when groundwater levels at any of the key wells rise to within 40 ft of the ground surface, which is the level at which the threat of liquefaction occurs.

Figure 1 is a chart that displays the logarithmic relationship between groundwater levels in the southern UCHB at the beginning of the WY (as represented by water levels at MV-4) versus the two-year cumulative spreading volume at the SASG based on six of the wettest years in the Six Basins from 1970 to 2016 when conditions of high groundwater occurred. This relationship can be used to estimate the volume of spreading that can occur at the SASG without causing high groundwater conditions, based on the depth to water at the MV-4 well on or near October 1. Figure 1 shows that depth to water at MV -4 at the beginning of the six wettest years recorded in the Six Basins from 1970 to 2017 when conditions of high groundwater occurred, ranging from 76 to 240 ft below ground surface (bgs).

The depth to groundwater at MV-4 at the beginning of WY 2025 was 64 ft-bgs . Based on the relationship in Figure 1 and the depth to water at MV-4, the two-year cumulative spreading at the SASG is estimated to be 21,630 af (over WYs 2024 and 2025) before high groundwater conditions would potentially occur.

Spreading at SASG by PVPA in WY 2024 was 4,072 af,2 therefore according to the methodology, 17,558 af of water can be spread in WY 2025 before high groundwater conditions would potentially occur.

Figure 2 is a time-series charts of depth-to-groundwater, groundwater production, and spreading in the UCHB. Figure 2 illustrates that the depth-to -groundwater at MV-4 was 64 ft-bgs, which is 24 ft below the liquefaction threshold of 40 ft-bgs. Figure 2 also shows that groundwater levels are below the liquefaction thresholds for the two other key wells in the southern UCHB—the P-20 and Mills-1 wells. On October 1, 2024, the water level at the P-20 well was 60 ft-bgs . The water level at the Mills-1 well was 76 ft-bgs on June 25, 2024, which is the closest available measurement to October 1, 2024. Both Figure 1 and Figure 2 indicate that water levels in the UCHB are relatively high and near the liquefaction threshold. High groundwater levels in the UCHB are a reason to increase the OSY to encourage groundwater production and lower groundwater levels.
1 The technical basis for the methodology was presented in a memo to the Board on January 25, 2017 and can be downloaded from the Agenda Packet for that meeting date on Watermaster’s website at www.6bwm.com . 2 Total spreading at the SASG in WY 2023 was 5,029 af. Of the 5,029 af, 4,072 was spread by PVPA and about 957 af was spread by SAWC and TVMWD.

Item 06 Page 13 of 49

N-951-80-21-04-WP-OSY-2025OSY
Six Basins Watermaster
Draft OSY - CY 2025
Last Revised: 10-11-24
1978
1980
1983 1993
1998
2005
y = 7421.5ln(x) - 9269.6
R² = 0.9523
20,000
22,000
24,000
26,000
28,000
30,000
32,000
0 50 100 150 200 250 300
Tw
o
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Water Level at the Beginning of the Water Year (ft-bgs) Figure 1 - Two-Year Cumulative Spreading vs. Water Level at the Beginning of Water Year MV-4 Well Historical Data
MV-4 Water Level October 1, 2024
Log. (MV-4 Well Historical Data)
MV-4 Water Level on October 1, 2024 = 64 ft bgs
It
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0 10,000
20,000
30,000
40,000
Spreading (af)
0 100
200
300
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Depth to Water ( - bgs)
15,000
10,000
5,000
0 Pumping (af)
Oct-1998 Oct-2000 Oct-2002 Oct-2004 Oct-2006 Oct-2008 Oct-2010 Oct-2012 Oct-2014 Oct-2016 Oct-2018 Oct-2020 Oct-2022 Liquefaction Threshold (40 ft-bgs)
Depth to Water at Mills-1
Depth to Water at MV-4
Depth to Water at P-20
Monthly Production in UCHB
Monthly Spreading at SASG
Water Year Production in UCHB
Water Year Spreading at SASG
500
Oct-2024
Item 06 Page 15 of 49

Groundwater Elevations
Figure 3 is a map that shows the spatial distribution of the wells where groundwater elevations were analyzed to assist with the recommendation for the CY 2025 OSY.

Figure 4 is a time-series chart that shows historical groundwater elevations and production patterns closely tracking spreading activities in the UCHB. For example, in WYs 2021 and 2022, spreading was minor and groundwater levels and production decreased across the UCHB. In WY 2023 significant spreading occurred and production increased in the UCHB. In WY 2024, there was less spreading than in WY 2023, but the spreading kept groundwater levels relatively high, particularly in the southern portion of the UCHB.

Figure 5 shows that groundwater elevations and production patterns in the northern Pomona Basin also respond to spreading activities in the UCHB, but in a delayed fashion compared to groundwater elevations in the UCHB. For example, increased spreading in 2011 resulted in an increase in groundwater elevations and production in the Pomona Basin 2012 and 2013, but levels began to decline in late 2013, as did production. In WY 2024, groundwater-levels in the northern Pomona Basin began responding to the increased precipitation and/or spreading that started in WY 2023.

Figure 6 shows that groundwater elevations in the southern portion of Pomona Basin do not fluctuate in response to spreading events in the UCHB, generally declined from 2007-2019, and have since remained generally stable.

In summary, two consecutive years of spreading in WYs 2023 and 2024 have caused increases in groundwater levels in the UCHB and the northern Pomona Basin. These trends in groundwater levels are a reason to increase the OSY in CY 2025 (>13,500 af).

Item 06 Page 16 of 49

!A
!A!A
!A
!A!A
!A
!A
!A !A
!A
!A
!A
Canyon
S a n G a b r i e l M o u n t a i n sSan G a b r i e l M o u n t a i n s San Jose HillsSan Jose Hills
Main Main San Gabriel BasinSan Gabriel Basin
Chino BasinChino Basin
Spadra BasinSpadra Basin
CucamongaCucamongaBasinBasin
Evey Canyon
San Antonio
Mountain Ave
Central Ave
Indian Hill Blvd
Towne Ave
White Ave
Foothill Blvd
16th St
Arrow Hwy
8th St
Euclid Ave
Bonita Ave
Los Angeles County
Los Angeles County
San Bernardino County
San Bernardino County
PuddingstoneReservoir
SanAntonioCreek
ThompsonCreek
L
iv
e
Oa
k
Canyon SAWC 28SAWC 28
Mountain View 4Mountain View 4P-20P-20
FordFord
P-01AP-01AP-03P-03
CartwrightCartwright
SAWC 33SAWC 33
BerkeleyBerkeley College 2College 2
Mills 1Mills 1
MW-1MW-1
MW-2MW-2
117°40'0"W
Upper ClaremontUpper ClaremontHeights BasinHeights Basin CanyonCanyonBasinBasin
LowerLowerClaremontClaremontHeightsHeightsBasinBasin
Live OakLive OakBasinBasin
GaneshaGaneshaBasinBasin
PomonaPomonaBasinBasin
WEST YOST - K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\GIS\MXD\Safe Yield\202410_OSY.mxd - sfaraola - 10/11/2024 Figure 3 Wells Analyzed for2025 OSY Determination Six Basins Watermaster2025 Operating Safe Yield 0 6,0003,000
Scale in Feet
Artesian Areas(Mendenhall 1907)
@ Location Uncertain
Spreading Grounds
Six Basins AdjudicatedBoundary
Streams and Channels
Faults
Location Approximate
Location Concealed·|}þ57
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!A Wells Displayed in Figures:2, 4, 5, and 6
It
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*2024 Projected Pumping
Figure 4
Pumping and Spreading in the Four Basins &
Groundwater Levels in the Canyon, Upper Claremont Heights, and Lower Claremont Heights Basins
Six Basins Watermaster
2025 Operating Safe YieldK:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\GRAPHER\GRF\Safe Yield 1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
Groundwater Elevaon ( - amsl)
Oct-1998 Oct-2000 Oct-2002 Oct-2004 Oct-2006 Oct-2008 Oct-2010 Oct-2012 Oct-2014 Oct-2016 Oct-2018 Oct-2020 Oct-2022 Oct-2024 5,000
10,000
15,000
20,000
25,000
30,000
35,000
Producon or Spreading (afy)
Annual Spreading (WY)
Canyon Pumping (CY)
LCH Pumping (CY)
Pomona Pumping (CY)
UCH Pumping (CY)
SAWC-28
MW-2 (300-390)
MW-1 (300-390)
SAWC-33
P-20 (90-400)
Item 06 Page 18 of 49

K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\GRAPHER\GRF\Safe Yield 300
400
500
600
700
800
900
1000
1100
1200
Groundwater Elevaon ( - amsl)
Oct-1998 Oct-2000 Oct-2002 Oct-2004 Oct-2006 Oct-2008 Oct-2010 Oct-2012 Oct-2014 Oct-2016 Oct-2018 Oct-2020 Oct-2022 Oct-2024 5,000
10,000
15,000
20,000
25,000
30,000
35,000
Producon or Spreading (afy)
Annual Spreading (WY)
Canyon Pumping (CY)
LCH Pumping (CY)
Pomona Pumping (CY)
UCH Pumping (CY)
College 2 (330-800)
Cartwright (282-910)
Ford (236-509)
Berkley (112-135)
*2024 Projected Pumping
Item 06 Page 19 of 49

K:\Clients\951 Six Basins Watermaster\00-00-00 Six Basins Master Project\GRAPHER\GRF\Safe Yield 300
400
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1200
Groundwater Elevaon ( - amsl)
Oct-1998 Oct-2000 Oct-2002 Oct-2004 Oct-2006 Oct-2008 Oct-2010 Oct-2012 Oct-2014 Oct-2016 Oct-2018 Oct-2020 Oct-2022 Oct-2024 5,000
10,000
15,000
20,000
25,000
30,000
35,000
Producon or Spreading (afy)
Annual Spreading (WY)
Canyon Pumping (CY)
LCH Pumping (CY)
Pomona Pumping (CY)
UCH Pumping (CY)
P-3 (405-780)
P-01A (412-694)
*2024 Projected Pumping
Item 06 Page 20 of 49

Current and Forecasted Precipitation
Back-to-back extreme dry years in 2020-2021 had substantial impacts on groundwater and surface water storage, such that the California Department of Water Resources (DWR) anticipate d that “140 percent of average annual statewide precipitation would be needed to achieve average statewide runoff, reflecting the moisture deficit in the climate system” (DWR, 2021). High precipitation in WY 2023 and WY 2024 began to close the recent moisture deficit. However, the amount of water loss experienced in groundwater basins throughout the state will take several years to recover.

On October 10, 2024, the National Oceanic and Atmospheric Administration (NOAA) released climate forecasts for the 2024-2025 winter across the United States. Figure 7 shows NOAA’s projections for the precipitation and temperature for November 2024 through April 2025. Over this period, the Six Basins area has a slightly higher chance for above normal temperatures and below normal precipitation.

A wet winter in 2024-25, particularly following the two consecutive wet winters of 2024-24 and 2022-23, could result in high volumes of runoff from San Antonio Canyon and the potential for high volumes of spreading in the Four Basins. The main conclusion here is that increasing the OSY could encourage groundwater production, which could decrease groundwater levels in the UCHB and increase the available storage space within the Four Basins to accommodate larger volumes of spreading in CY 202 5.

Item 06 Page 21 of 49

Figure 7. Seasonal temperature and precipitation outlooks released September 19, 2024 by the National Oceanic and Atmospheric Administration.3

3 Figures available at https://www.cpc.ncep.noaa.gov/products/forecasts/month_to_season_outlooks.php .

Item 06 Page 22 of 49

OSY RECOMMENDATION
Staff recommends that Watermaster adopt an OSY of 14,000 af for CY 2025. Table 3 shows each Party’s share of OSY at 13,000, 13,500, and 14,000 af and their associated Allowable Production. The Board’s decision for adopting a 2025 OSY should consider the fo llowing:

1. Even if groundwater levels, groundwater production capacity, and groundwater demand increase in 2025, there will be approximately 20,800 af of water in Carryover Rights and Storage and Recovery accounts that can be produced without incurring a Replacement Water obligation (see Table 3). Prudent groundwater management practices include the use of stored groundwater in times of drought and reduced availability of alternative water supplies.

2. Based on recent historical annual production, an OSY of 14,000 af should not restrict production for the Parties. Even if a Party over-produces its right, the Parties will collectively have Carryover Rights and stored water to satisfy Replacement Water obligations .

3. An increase in OSY could help lower groundwater levels in the UCHB and northern Pomona Basin to combat the threat of high groundwater conditions
Item 06 Page 23 of 49

Table 3
Allowable Production Under Various Options for 2025 OSY (af)
Watermaster
Party
% Share
of OSY
2024 (estimated)1 2025 Allowable Production
Allowable
Production Production Carryover
to 2025
Storage
Account
Balance
If OSY =
13,000 af
If OSY =
13,500 af
If OSY =
14,000 af

a b c d e g= a*13,000+d+e h = a*13,500+d+e h = a*14,000+d+e City of La Verne 7.601% 1,245 866 257 1,245 1,283 1,321 City of Pomona2 20.798% 18,499 3,722 0 15,692 18,395 18,499 18,603 City of Upland 9.544% 1,042 720 322 1,563 1,611 1,658 Golden State WC3 39.363% 6,593 2,986 1,328 6,446 6,642 6,839 San Antonio WC4 7.166% 1,716 1,439 0 749 1,681 1,716 1,752 Three Valleys MWD5 0.130% 2,161 1,195 0 2,143 2,160 2,161 2,161 West End CWC 15.399% 2,023 1,742 281 2,283 2,360 2,437 Totals 100% 33,279 12,669 2,188 18,584 33,772 34,272 34,772

1 Estimates for calendar year production are based on actual production through September plus estimated production for the remainder of the year based on a comparison of prior year to current year production by Party.

4Assumes San Antonio WC adds 2,500 af of water to storage due to spreading in CY 2024 and uses 914 af of water in storage to avoid a Replacement Water obligation in 2024. 3Historically Golden State Water Company (GSWC) acquired temporary transfers of production rights from the City of Claremont (2.772%) and Pomona College (1.850%). It is assumed the transfers will occur again in 2024.

4Assumes San Antonio WC adds 540 af of water to storage due to spreading in CY 2024 and uses 470 af of water in storage to avoid a Replacement Water obligation in 2024.

5Assumes TVMWD adds 13 af of water to storage due to spreading in CY 2024 and uses 1,180\ af of water in storage to avoid a Replacement Water obligation in 2024.

It
e
m

0 6
Pa
g
e

2 4

o
f

4 9

MEMORANDUM

DATE: November 20, 2024 SENT VIA: EMAIL

TO: Six Basins Watermaster Board

FROM: West Yost; Watermaster Staff

SUBJECT: CY 2025 Budget and Assessment

☒ For Action ☐ Fiscal Impact ☐ Funds Budgeted
☐ Information Only ☒ Cost Estimate: $ 1,992,758

RECOMMENDED ACTION
• Adopt the CY 2025 Budget of $1,992,758 for Watermaster’s Operating Expenses and Capital/Special Projects in calendar year (CY) 2025.
• Set an Administrative Assessment at $30/af to fund the budget and achieve the desired level of reserves.

CY 2025 BUDGET
The proposed budget for CY 2025 is $1,992,758. Table 1 summarizes the draft 2025 budget, including revenues, expenditures, and reserves balances. For discussion purposes, the revenues shown for CY 2025 in Table 1 assume an assessment level of $30 per acre -foot (af) for the major parties and $21,567 for the minor parties. Table 1 also shows the same information for CY 2022 (actual), CY 2023 (actual), and CY 2024 (budget and projected). The draft CY 2025 budget is about $105 ,770 (five percent) more than the approved CY 2024 budget.

The following sections describe the proposed scope of work for each operating and capital task, and any significant changes relative to the prior year’s approved budget.

Item 07 Page 25 of 49

CY 2022
Actual
CY 2023
Actual
CY 2024
Budget
CY 2024
Projected
CY 2025
Budget
Revenues 657,705$ 687,833$ 605,111$ 620,232$ 646,190$ Operating Assessments (assumes $30/af for 2025)492,952$ 492,952$ 575,111$ 575,111$ 616,190$ Interest Earnings 7,377$ 22,441$ 15,000$ 22,561$ 15,000$ Capital Revenues
Capital Assessmens (assumes $30/af for 2025)-$ -$ -$ -$ PVPA Cost Share (Strategic Plan)150,000$ 150,000$ -$ -$ -$ TVMWD Cost Share (Strategic Plan)-$ -$ -$ -$ Interest Earnings 7,377$ 22,441$ 15,000$ 22,561$ 15,000$ Total Expenditures 505,354$ 542,229$ 1,886,988$ 608,593$ 1,992,758$ Operating Expenditures 437,054$ 526,601$ 761,988$ 588,593$ 842,758$ Technical and Administrative Services 294,736$ 321,825$ 399,826$ 374,826$ 468,561$ Technical and Administrative Services -$ -$ -$ -$ 418,561$ As-Needed Studies -$ -$ -$ -$ 50,000$ Professional Services 21,970$ 59,404$ 45,700$ 55,200$ 55,985$ Financial Audit 9,580$ 9,580$ 10,700$ 10,200$ 10,985$ Legal 12,390$ 49,824$ 35,000$ 45,000$ 45,000$ Operational Services 126,179$ 129,299$ 299,962$ 141,567$ 300,212$ Cost Share-PVPA O&M of Spreading Grounds 121,720$ 124,834$ 294,500$ 136,191$ 294,500$ O&M of Watermaster Facilities and Equipment 3,997$ 4,004$ 5,000$ 4,864$ 5,200$ Website 462$ 462$ 462$ 512$ 512$ Miscellaneous 15,444$ 16,073$ 16,500$ 17,000$ 18,000$ Insurance 15,444$ 16,073$ 16,500$ 17,000$ 18,000$ 68,300$ 15,627$ 1,125,000$ 20,000$ 1,150,000$ Strategic Plan Implementation - New Monitoring Well -$ 960,000$ -$ 1,000,000$ Strategic Plan Implementation - SASG 68,300$ 15,627$ 165,000$ 20,000$ 150,000$ 1,622,199$ 1,767,804$ 485,926$ 1,779,443$ 432,875$ Operating Reserves
Beginning Reserves as of January 1 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Change in Net Assets 63,274$ (11,209)$ (171,877)$ 9,079$ (211,568)$ Transfer (to)/from Capital Reserves (63,274)$ 11,209$ 171,877$ (9,079)$ 211,568$ Year End Balance 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Capital/Special Projects Reserves
Beginning Reserves as of January 1 1,169,848$ 1,322,199$ 1,467,804$ 1,467,804$ 1,479,443$ Change in Net Assets 89,077$ 156,813$ (1,110,000)$ 2,561$ (1,135,000)$ Transfer (to)/from Operating Reserves 63,274$ (11,209)$ (171,877)$ 9,079$ (211,568)$ Year End Balance 1,322,199$ 1,467,804$ 185,926$ 1,479,443$ 132,875$ Table 1
CY 2025 Budget:

Estimated Revenues, Expenditures, and Reserves
Revenues and Expenditures
Capital Improvements &
Special Projects Expenditures
Reserves
Table 1 and 7-8_CY 2025 Budget_draft.xlsx -- Table1 - 2025 Budget 11/14/2024
Item 07 Page 26 of 49

Six Basins Watermaster Board
November 20, 2024

Operating Expenses (Total Estimate: $842,758)
Technical and Administrative Services ($468,561)
Technical and Administrative Services are further subdivided into Technical and Administrative Services and As-Needed Studies as Requested by the Board.

Technical and Administrative Services ($418,561)
Table 2 is a work-breakdown structure and fee estimate for CY 2025 Technical and Administrative Services provided by West Yost. Listed below is a description of the scope-of-work, including any significant changes to the scope and budget compared to CY 2024.

Task 1 – Prepare for and Attend Meetings
Work proposed for this task includes preparing for and attending 11 Board meetings and performing associated administrative tasks, such as preparing Board agendas and meeting materials. The labor effort associated with this task has not significantly changed from the previous year.

Task 2 – Collect and Compile Agency and Other Data
Work proposed for this task includes collecting and compiling data from the Parties and other cooperating agencies that are used to support Watermaster objectives and operations as required by the Judgment.

Additionally, this task includes receiving and responding to miscellaneous data requests; receiving and analyzing minimal producer requests; collecting, compiling, and reviewing pumping data from minimal producers; collecting, compiling, and reviewing MS4 data; and verifying flow-meter testing data for the Six Basins production wells. The labor effort associated with this task has not significantly changed from the previous year.

Task 3 - Groundwater-Level Monitoring Program and Equipment Maintenance Work proposed for this task includes field work to download and maintain continuously-recording data loggers installed in 23 wells and to collect manual groundwater levels at an additional three wells. The wells will be visited quarterly. The labor effort associated with this task has not significantly changed from the previous year.

Task 4 - Coordination with PVPA on Operation and Maintenance of Spreading Grounds Work proposed for this task includes coordinating with PVPA on the operation and maintenance of the spreading grounds and associated facilities. In 2017, Watermaster staff created, and the Board adopted, an analytical method to replace the Spreadsheet Model. This method has been used since the Board’s approval in January 2017 and will be used in 2025 to assist Watermaster in directing PVPA spreading operations and assess the threat of high groundwater. Additionally, funds have been budgeted in the event a very wet year occurs, which would require Watermaster staff to increase its monitoring and assessment efforts to avoid high groundwater conditions. The labor effort associated with this task has not changed from the previous year.

Task 5 - Review and Revise Operating Plan and Rules and Regulations Work proposed for this task includes reviewing, recommending revisions to, and updating the Watermaster’s Operating Plan and the Rules & Regulations to ensure these documents reflect the current policies and practices of the Watermaster. This task is only performed as-needed. The labor effort associated with this task has not changed from the previous year.

Item 07 Page 27 of 49

Six Basins Watermaster Board
November 20, 2024

Task 6 - Evaluation of the Potential for Substantial Injury Work proposed for this task includes conducting as-requested evaluations of the potential for substantial injury when Watermaster parties submit notifications and/or applications for certain “Actions.” The task consists of following the Watermaster-approved procedures to analyze certain “Actions” for the potential to cause Substantial Injury. This task is only performed as-needed. The labor effort associated with this task has not changed from the previous year.

Task 7 - Prepare CY 2024 Annual Report
Work proposed for this task includes preparing the draft and final 2024 Annual Report. The Annual Report is submitted to the Court in compliance with the Judgment and to the DWR in compliance with the Sustainable Groundwater Management Act (SGMA). The draft report will be completed by February 2025 and the final report will be completed by March 2025 for Board approval. The report will be submitted to the state by the April 1, 2025 deadline. The labor effort associated with this task has not significantly changed from the previous year.

Task 8 - Determine Operating Safe Yield for CY 2026
Work performed for this task includes preparing a draft and final memorandum to the Board with a recommendation for the Operating Safe Yield for the Four Basins for CY 2026. The draft OSY memorandum will be completed by October 2025 and the final OSY memorandum will be completed by November 2025.

The labor effort associated with this task has not changed from the previous year.

Task 9 - Prepare Annual Budget for CY 2026
Work performed for this task includes preparing a draft and final Annual Budget for the Watermaster for CY 2026. The draft budget will be completed by October 2025 and the final budget will be completed by November 2025. The labor effort associated with this task has not changed from the previous year.

Task 10 - Accounting Services
Work performed for this task includes providing routine accounting services for the Watermaster and hiring and supervising a qualified accounting firm to perform the annual audit. The labor effort associated with this task has not changed from the previous year.

Task 11 - As-needed Technical Support for Development and Review of Strategic Plan Projects Work performed for this task includes providing as-needed support for project planning efforts performed by the Parties, or other project proponents, such as responding to data and information requests, attending meetings, providing recommendations for project operations, and supporting the Parties in applying for grants and low-interest loans. The labor effort associated with this task has not changed from the previous year.

Task 12 - Project Management
Work performed for this task includes monthly evaluation of the status of the Technical and Administrative services budget, schedule, and scope of work to ensure that expected work products are completed on time and on budget. The labor effort associated with this task has not changed from the previous year.

Item 07 Page 28 of 49

Six Basins Watermaster Board
November 20, 2024

As-Needed Studies as Requested by the Board ($50,000)
At the October 23, 2024 Watermaster meeting, the Watermaster Board expressed its interest in better understanding water quality in the Six Basins. To address this, $50,000 have been allocated to “As-Needed Studies as Requested by the Board” as shown in Table 1.

Item 07 Page 29 of 49

Task Project
Task 1. Prepare for and Attend Meetings $149,374 $1,061 $150,435

1.1 Prepare for and Attend Eleven Watermaster Board Meetings 4.0 18.0 10.0 15.0 11 517.0 $137,202 $898 $898 $138,100

1.2 Prepare for and Attend Two Additional As-Requested Meetings 3.0 10.0 8.0 2 42.0 $12,172 $163 $163 $12,335 Task 2. Collect and Compile Agency and Other Data $48,534 $0 $48,534

2.1 Collect, Process, and Upload Monthly Production, Spreading and Water-Level Data 0.5 8.0 12 102.0 $22,025 $22,025

2.2 Collect, Compile, Process, and Upload Water-Quality Data 1.0 3.0 20.0 2 48.0 $10,643 $10,643

2.3 Collect, Compile, and Verify Flow-Meter Test Data 1.0 5.0 2 12.0 $2,699 $2,699

2.4 Minimal Producer Permit Approvals, Follow-up, and Data Collection/Processing 2.0 4.0 5.0 5.0 1 16.0 $4,239 $4,239

2.5 Collect, Compile, and Review MS4 data 1.0 1.0 4.0 1 6.0 $1,407 $1,407

2.6 Review and Respond to Miscellaneous Data Requests 0.5 1.0 1.0 12 30.0 $7,522 $7,522 Task 3. Groundwater Level Monitoring Program and Equipment Maintenance $41,454 $2,022 $43,476

3.1 Quarterly Download and Maintenance of 26 Transducers; Data Processing and Upload a 3.0 3.0 18.0 36.0 4 240.0 $41,454 $1,422 $600 $2,022 $43,476 Task 4. Coordination with PVPA on Operation and Maintenance of Spreading Grounds $36,328 $801 $37,129

4.1 Coordinate with PVPA Staff on Spreading Grounds O&M 0.5 2.0 9 22.5 $6,785 $6,785

4.2 Collect and Process High-Frequency Spreading Data from PVPA b 0.5 0.5 1.0 9 18.0 $4,432 $4,432

4.3 Collect and Process Water-Level Data at the SASG c 0.5 1.0 1.0 3.0 8.0 1 13.5 $2,445 $80 $80 $2,526

4.4 Intensive Groundwater-Level Monitoring at Key Wells During Wet Climate Conditions to Assess Threat of High Groundwater
c 1.0 1.0 3.0 5.0 6 60.0 $11,239 $481 $240 $721 $11,960

4.5 Apply Analytical Tool to Assess Threat of High Groundwater 0.5 1.5 2.0 9 36.0 $10,301 $10,301

4.6 Administrative Coordination with PVPA on O&M Reimbursement 0.5 0.5 4 4.0 $1,126 $1,126 Task 5. Review and Revise Operating Plan and Rules and Regulations $7,682 $0 $7,682

5.1 Review and Revise Operating Plan and Rules and Regulations 5.0 15.0 6.0 1 26.0 $7,682 $7,682 Task 6. Evaluation of the Potential for Substantial Injury $12,835 $0 $12,835

6.1 Conduct As-Requested Evaluations of the Potential for Substantial Injury 4.0 10.0 8.0 2 44.0 $12,835 $12,835 Task 7. Prepare CY 2024 Annual Report $39,926 $0 $39,926

7.1 Prepare Draft CY 2024 Annual Report 6.0 20.0 32.0 45.0 8.0 1 111.0 $27,162 $27,162

7.2 Prepare Final CY 2024 Annual Report 2.0 12.0 16.0 16.0 6.0 1 52.0 $12,764 $12,764 Task 8. Determine Operating Safe Yield for CY 2026 $14,522 $0 $14,522

8.1 Prepare Preliminary OSY Recommendation 4.0 10.0 10.0 22.0 2.0 1 48.0 $11,897 $11,897

8.2 Prepare Final OSY Recommendation 2.0 2.0 4.0 2.0 1 10.0 $2,625 $2,625 Task 9. Prepare Annual Budget for CY 2026 $6,202 $0 $6,202

9.1 Prepare Draft Budget and Assessment 1.0 6.0 2.0 3.0 2.0 1 14.0 $3,565 $3,565

9.2 Prepare Final Budget and Assessment 1.0 5.0 2.0 2.0 1 10.0 $2,638 $2,638 Task 10. Accounting Services $12,209 $0 $12,209

10.1 General Accounting Services 0.25 5.0 12 63.0 $9,828 $9,828

10.2 Coordinate Annual Audit 1.0 14.0 1 15.0 $2,381 $2,381 Task 11. As-needed Technical Support for Development and Review of Strategic Plan Projects $32,796 $0 $32,796

11.1 Prepare for and participate in the ESGV Group meetings 6.0 12.0 1 18.0 $4,990 $4,990

11.2 Provide Support to Project Proponents and Their Consultants 4.0 40.0 12.0 10.0 1 66.0 $18,423 $18,423

11.3 As-requested Support for Preparation of Grant Applications 4.0 10.0 2.0 10.0 10.0 1 36.0 $9,383 $9,383 Task 12. Project Management $12,814 $0 $12,814

12.1 Project Management 0.25 1.75 1.75 12 45.0 $12,814 $12,814 Total 102 467 329 540 10 182 96 1,725 $414,677 $3,045 $840 $3,885 $418,561 Notes:a -- Equipment purchases are shown in the Six Basins Operating Budget under the O&M of Watermaster Facilities and Equipment line-item b -- Assumes spreading occurs in a maximum of nine months of out the year (in a very wet year) c -- This task is not performed unless water is being spread at the SASG Task
Total Labor
Cost
Sub-task Task Sub-Task
Senior
Scientist
I
Scientist/
Geologist
II
Field
Tech.

Admin.

III
Task
Multi-
plier
Table 2. Work Breakdown Structure and Fee Estimate to Provide Administrative and Technical Services for the Six Basins Watermaster - CY 2025 Description
No
t
e
s
Labor Other Direct Charges (ODCs)
Total Program Costs
Travel
Equip-
ment
Rental
Total ODCs
Person
Hours
Principal
Geologist
II
Senior
Engineer
II
Grant
Specialist
III
Table 1_CY 2025 Tech&Admin_WY_sf.xlsm
Item 07 Page 30 of 49

Professional Services ($55,985)
 Financial: CY 2024 Audit ($10,985)
 Legal: As-needed legal services ($45,000)
Operational Services ($300,212)
 Cost Share for Operation and Maintenance of PVPA Spreading Facilities ($294,500): This line-item is for Watermaster’s cost share for PVPA’s operation and maintenance of the San Antonio (SASG) and Thompson Creek (TCSG) spreading grounds. In addition to its regular annual activities, PVPA plans to perform several one-time improvements originally budgeted for, but not completed, in CY 2024. Table 3 below summarizes PVPAs proposed activities, their associated total cost, and Watermaster’s share of the cost based on the spreading grounds operation and maintenance Memorandum of Understanding (MOU) with PVPA.

Table 3. Cost Share for Operation and Maintenance of PVPA Spreading Facilities O&M Activity PVPA
2025 Budget
Percent of Cost
Allocated to
Watermaster
Cost Allocated to
Watermaster
Regular Annual Activities
O&M performed by Pomona $175,000 50% $87,500
O&M performed by WECWC $25,000 60% $15,000
Additional Improvements
Repair Gate at Hog Wallow (SASG) $75,000 100% $75,000
Repair Gate at LA Spreading Basin (SASG) $117,000 100% $117,000 Total $392,000 $ 294,500
 Operation and Maintenance of Watermaster Monitoring Facilities and Equipment ($5,100): This line-item is for as-needed maintenance of Watermaster facilities and equipment, such as transducer maintenance or replacement.
 Watermaster Website ($512): This line-item is for the annual fee for the Watermaster’s website and SSL certificate.

Insurance ($18,000)
Capital and Special Projects Expenses ($1,150,000)
Strategic Plan Implementation — ($1,150,000)
In July 2017, the Watermaster approved the Planning Proposal for Strategic Plan Implementation (Planning Proposal). Section 5 of the Planning Proposal laid out a proposed scope of work, schedule, and budget to support the development and implementation of projects consistent with the Strategic Plan.

Most of the recommendations from the Planning Proposal have been completed, and in the process, Watermaster initiated additional studies specific to the implementation of the SASG recharge basin (a project recommended in the Strategic Plan). One of these efforts are currently ongoing and requires funds to be budgeted for CY 2025 – Completion of Task Order 2022-2: Phase 1 – Conduct a Feasibility Analysis Item 07 Page 31 of 49

Six Basins Watermaster Board
November 20, 2024

for the SASG Project (about $150,000 of the $160,000 contracted amount is expected to be spent in CY 2025).1
The Strategic Plan report also recognized a need to expand the existing groundwater monitoring network in the Six Basins.2 The objectives of the expanded monitoring program are to: (i) assist with the design and implementation of Strategic Plan projects, (ii) improve the conceptual understanding of the hydrogeology and aquifer systems, (iii) fill spatial gaps in the monitoring network, (iv) identify the causes of high groundwater, and (v) assist with the development and implementation of monitoring and mitigation strategies for high groundwater. Watermaster staff recommends constructing a monitoring well in CY 2024. The cost to construct a new monitoring well was estimated to be approximately $831,000 in 2019.

The CY 2024 budget includes $1,000,000 for construction of a new monitoring well based on the 2019 estimated cost adjusted for inflation.

Watermaster staff recommends a budget of $1,150,000 for the Strategic Plan Implementation activities described above and summarized below:
 Completion of Task Order 2022-2: $150,000
 New monitoring well: $1,000,000
CY 2025 ASSESSMENT
Based on the operating and capital/special project activities described above, the estimated budget for CY 2025 is $1,992,758. The budget will be funded by assessments, interest, and reserves.

Based on the projected CY 2024 expenditures, it is projected that $1,779,443 will be in reserves as of January 1, 2024: $300,000 in Operating reserves and $1,467,804 in Capital/Special Projects (Capital) reserves. Some of the Capital reserves are specifically earmarked for Strategic Plan Implementation. Table 4 shows the amount of the Capital Project reserves that have been specifically identified for use in the development and implementation of the Strategic Plan, and describes the funding contributions, funding sources and costs paid over the period CY 2011 through CY 2024 (estimated). As in previous years, any funding contributions earmarked for the Strategic Plan that were not used in CY 2023 will roll over into CY 2024. At the end of CY 2024, an estimated $292,213 of the Capital Reserve is earmarked for Strategic Plan implementation activities. This remaining Strategic Plan Capital Reserve is not sufficient to cover the entire projected cost of CY 2025 Strategic Plan implementation activities, so the remainder of the cost ($827,787) will be covered by Capital Reserves that are not specifically earmarked for the Strategic Plan.

1 CompleƟon of Phase 1 – Conduct a Feasibility Analysis for the SASG Project is expected to result in recommendaƟons for next steps, which would require addiƟonal funds to complete. The cost of the recommendaƟons from the ongoing studies have not been developed, thus a proposed scope of work, schedule, and budget are not available and are not budgeted herein. 2 SecƟon 6 of Strategic Plan for the Six Basins Final Report (November 2017) - www.6bwm.com/info.php?pnum=11
Item 07 Page 32 of 49

Table 4. Strategic Plan Phase 1, Phase 2, and Implementation Costs, Contributions, and Remaining Balance for Future Work Capital/Special Projects Reserves CY 2011-2025
Watermaster
Capital
Assessments
dedicated to the
Strategic Plan
PVPA DWR LGA Grant TVMWD
Watermaster
(Reserves and
Assessments)

PVPA DWR LGA
Grant TVMWD
[1][2][3][4][5] =
[1+2+3+4][6] = [13 p ][7] = [5]+[6][8][9][10][11]
[12] =
[8]+[9]+
[10]+[11]
[13] =
[7]-[12]
2011 $300,000 $300,000 $0 $300,000 $0 $300,000
2012 $0 $300,000 $300,000 $292,499 $292,499 $7,501
2013 $330,242 $100,000 $430,242 $7,501 $437,743 $248,476 $100,000 $348,476 $89,267 2014 $165,209 $150,000 $61,193 $376,402 $89,267 $465,669 $86,162 $150,000 $61,193 $297,355 $168,314 2015 $74,960 $150,000 $97,257 $100,000 $422,217 $168,314 $590,531 $35,466 $97,257 $100,000 $232,723 $357,808 2016 $78,259 $150,000 $228,259 $357,808 $586,067 $135,920 $135,920 $450,147 2017 $2,909 $100,000 $102,909 $450,147 $553,056 $22,160 $100,000 $122,160 $430,896 2018 $150,000 $150,000 $430,896 $580,896 $108,483 $150,000 $258,483 $322,412 2019 $150,000 $150,000 $322,412 $472,412 $122,300 $150,000 $272,300 $200,113 2020 $150,000 $150,000 $200,113 $350,113 $59,706 $150,000 $209,706 $140,407 2021 $150,000 $150,000 $140,407 $290,407 $44,267 $150,000 $194,267 $96,140 2022 $150,000 $150,000 $96,140 $246,140 $68,300 $68,300 $177,840 2023 $150,000 $150,000 $177,840 $327,840 $15,627 $15,627 $312,213 2024
(Estimated)$0 $312,213 $312,213 $20,000 $20,000 $292,213 2025
(Budget)$0 $292,213 $292,213 $1,150,000 $1,150,000 $0
$951,579 $1,550,000 $158,450 $100,000 $2,760,029 $2,154,053 $1,205,313 $158,450 $100,000 $3,617,816 *Projected
p = Previous year's values
Available Contributions for the Development and Implementation of the Strategic Plan by Funding Source
Costs Paid for the Development and Implementation of the Strategic Plan by Funding Source Unused Funding
that Becomes
Capital Reserves
specifically
earmarked for
Strategic Plan
Total Annual
Strategic Plan
Costs
Total Annual Funds
Available for the
Development and
Implementation of
the Strategic Plan
Strategic Plan
Reserve Balance
Rollover from
previous year
Total Annual
Funding
Contributions
Phase 1
Phase 2
Total
Implemen-
tation
Calendar Year and
Strategic Plan Phase
Item 07 Page 33 of 49

Six Basins Watermaster Board
November 20, 2024

Watermaster’s current reserve policy is to have a total reserve of $1,000,000: $300,000 in Operating reserves and $700,000 in Capital reserves. Based on this reserve goal, staff recommends an assessment of $30/af, an increase of $2/af compared to CY 2024. At this level, the projected CY 2025 year-end reserves balances (Operating and Capital) are shown in Table 5 below assuming Watermaster spends 100 percent of the budgeted expenditures:

Table 5. Estimated Year-End Reserve Balances for CY 2025 Operating Reserves Capital Reserves Total
$300,000 $132,875 $432,875
For comparison, the Table 6 below describes the projected CY 2025 year-end total reserve balances (Operating reserves plus Capital reserves) for a range of assessment levels from $24/af to $34/af. Table 7, attached, summarizes the assessment by Party for the same range of assessment values.

Table 6. Projected Year-End Total Reserve Balance for CY 2025 at Various Assessment Levels ($/af)
Assessment $24 $26 $28 $30 $32 $34
Projected Year-End
Reserve Balance $309,637 $350,716 $391,795 $432,875 $473,954 $515,033

Staff prepared a five-year budget projection to assist the Board in selecting an assessment level for CY 2025 and beyond that will fund the expected future work, ensure that the assessment level is stable from year to year, and build reserves. Tables 8a to 8c present three different five-year budget projection scenarios for Watermaster’s operating and capital budget. In all three scenarios, the assessment is set at $30/af for CY 2025 and the operating expenditures are shown to grow at a rate of 2% per year (e.g. no new operating expenses are assumed after 2025). Each scenario has a different assumption for the capital expenditures. The assessment for CYs 2026 to 2029 is set to the constant level required to achieve a total reserve balance goal of about $1,000,000 by 2029 in each scenario. The tables are as follows:
 Table 8a: Assumes No Additional Capital Expenditures Beyond the Completion of the Current Strategic Plan Implementation work through 2025. The CY 2026 to 2029 assessment is set to $36/af to achieve the above stated reserve balance.
 Table 8b: Assumes $100,000 of Capital Expenditures Beyond the Completion of the Current Strategic Plan Implementation work through 2025. The CY 2026 to 2029 assessment is set to $37/af to achieve the above stated reserve balance.
 Table 8c: Assumes $200,000 of Capital Expenditures Beyond the Completion of the Current Strategic Plan Implementation Work through 2025. The CY 2026 to 2029 Assessment is set to $38/af to achieve the above stated reserve balance.

The capital expenditures shown in Tables 8b and 8c are for illustrative purposes and are not meant to represent the cost of any particular project or activity. The tables demonstrate that if the Watermaster plans to pursue activities beyond those currently scoped for Strategic Plan Implementation through 2025, there will need to be long-term increase in future assessments to fund the projects and maintain the Item 07 Page 34 of 49

Six Basins Watermaster Board
November 20, 2024

reserve balance. Activities beyond those currently scoped for Strategic Plan Implementation through 2025 could include:
 Constructing new monitoring wells to improve basin management (approximately between $650,000 and $830,000 based on 2019 costs).
 Developing a Salt and Nutrient Management Plan to be able to recharge recycled water (approximately between $100,000 and $250,000 based on 2019 costs).  Developing an infrastructure model to identify existing operational constraints and potential interconnections (no cost estimate has been developed yet).

Item 07 Page 35 of 49

$24 $26 $27 $28 $30 $32 $34
Claremont, City of Minor 535 3.5%$17,253 $18,691 $19,410 $20,129 $21,567 $23,004 $24,442 La Verne, City of Major 1,467 7.1%$35,208 $38,142 $39,609 $41,076 $44,010 $46,944 $49,878 Pomona, City of Major 4,014 19.5%$96,336 $104,364 $108,378 $112,392 $120,420 $128,448 $136,476 Pomona College Minor 357 3.5%$17,253 $18,691 $19,410 $20,129 $21,567 $23,004 $24,442 PVPA N/A $0 $0 $0 $0 $0 $0 $0
SAWC Major 1,383 6.7%$33,192 $35,958 $37,341 $38,724 $41,490 $44,256 $47,022 GSWC Major 6,705 32.6%$160,920 $174,330 $181,035 $187,740 $201,150 $214,560 $227,970 TVMWD Minor 25 3.5%$17,253 $18,691 $19,410 $20,129 $21,567 $23,004 $24,442 Upland, City of Major 1,842 9.0%$44,208 $47,892 $49,734 $51,576 $55,260 $58,944 $62,628 WECWC Major 2,972 14.5%$71,328 $77,272 $80,244 $83,216 $89,160 $95,104 $101,048 19,300 100% $ 492,952 $ 534,031 $ 554,571 $ 575,111 $ 616,190 $ 657,269 $ 698,349 Assessment Allocation is calculated as follows:

10.5% of the total assessment fee is split evenly between the three minor parties to the Judgment.

The remaining 89.5% is allocated to the major parties to the Judgment based on their allotted rights.

Assessment Fee ($/acre-ft)
Table 7
Six Basins Watermaster
Assessment by Party
Total:

Party Party
Type
Allotted Rights
(acre-ft)
% of
Assessment
Table 1 and 4_CY 2025 Budget_draft.xlsx
It
e
m

0 7
Pa
g
e

3 6

o
f

4 9

CY 2024
Projected CY 2025 CY 2026 CY 2027 CY 2028 CY 2029
Revenues 620,232$ 646,190$ 742,428$ 742,428$ 742,428$ 742,428$ Operating Assessments 575,111$ 616,190$ 590,500$ 602,346$ 614,423$ 626,764$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Capital Revenues
Capital Assessments -$ -$ 148,928$ 137,082$ 125,005$ 112,664$ PVPA Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ TVMWD Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Total Expenditures 1,886,988$ 608,593$ 592,000$ 603,846$ 615,923$ 628,264$ Operating Expenditures 588,593$ 842,758$ 592,000$ 603,846$ 615,923$ 628,264$ Technical and Administrative Services 374,826$ 468,561$ 426,933$ 435,471$ 444,181$ 453,064$ Professional Services 55,200$ 55,985$ 40,985$ 41,915$ 42,857$ 43,841$ Financial Audit 10,200$ 10,985$ 10,985$ 11,315$ 11,645$ 12,005$ Legal 45,000$ 45,000$ 30,000$ 30,600$ 31,212$ 31,836$ Operational Services 141,567$ 300,212$ 105,722$ 107,733$ 109,783$ 111,875$ Cost Share-PVPA O&M of Spreading Grounds 136,191$ 294,500$ 100,000$ 102,000$ 104,040$ 106,121$ O&M of Watermaster Facilities and Equipment 4,864$ 5,200$ 5,200$ 5,200$ 5,200$ 5,200$ Website 512$ 512$ 522$ 533$ 543$ 554$ Miscellaneous 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ Insurance 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ 20,000$ 150,000$ -$ -$ -$ -$ Strategic Plan Implementation 20,000$ 150,000$ -$ -$ -$ -$ Future Projects (such as monitoring well
construction or upgrades to spreading facilities)-$ -$ -$ -$ -$ -$ 1,779,443$ 432,875$ 583,303$ 721,885$ 848,390$ 962,554$ Operating Reserves
Beginning Reserves as of January 1 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Change in Net Assets 9,079$ (211,568)$ -$ -$ -$ -$ Transfer to Capital Reserves (9,079)$ 211,568$ -$ -$ -$ -$ Year End Balance 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Capital/Special Projects Reserves
Beginning Reserves as of January 1 1,467,804$ 1,479,443$ 132,875$ 283,303$ 421,885$ 548,390$ Change in Net Assets 2,561$ (1,135,000)$ 150,428$ 138,582$ 126,505$ 114,164$ Transfer from Operating Reserves 9,079$ (211,568)$ -$ -$ -$ -$ Year End Balance 1,479,443$ 132,875$ 283,303$ 421,885$ 548,390$ 662,554$ Table 8a
Five-Year Projection of the Six Basis Watermaster Budget Estimated Revenues, Expenditures, and Reserves
Assumes No Capital Expenditures Beyond Completion of Current Strategic Plan Implementation Work Through 2024 Assumes Assessments $30/af in CY 2025; $36/af in CY 2026 to 2029 Revenues and Expenditures
Capital Improvements &
Special Projects Expenditures
Reserves
Table 1 and 7-8_CY 2025 Budget_draft.xlsx -- Table8a - 5-yr Proj (2) 11/14/2024
Item 07 Page 37 of 49

CY 2024
Projected CY 2025 CY 2026 CY 2027 CY 2028 CY 2029
Revenues 620,232$ 646,190$ 762,968$ 762,968$ 762,968$ 762,968$ Operating Assessments 575,111$ 616,190$ 590,500$ 602,346$ 614,423$ 626,764$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Capital Revenues
Capital Assessments -$ -$ 169,468$ 157,621$ 145,545$ 133,203$ PVPA Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ TVMWD Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Total Expenditures 1,886,988$ 608,593$ 692,000$ 603,846$ 615,923$ 628,264$ Operating Expenditures 588,593$ 842,758$ 592,000$ 603,846$ 615,923$ 628,264$ Technical and Administrative Services 374,826$ 468,561$ 426,933$ 435,471$ 444,181$ 453,064$ Professional Services 55,200$ 55,985$ 40,985$ 41,915$ 42,857$ 43,841$ Financial Audit 10,200$ 10,700$ 10,985$ 11,315$ 11,645$ 12,005$ Legal 45,000$ 45,000$ 30,000$ 30,600$ 31,212$ 31,836$ Operational Services 141,567$ 300,212$ 105,722$ 107,733$ 109,783$ 111,875$ Cost Share-PVPA O&M of Spreading Grounds 136,191$ 294,500$ 100,000$ 102,000$ 104,040$ 106,121$ O&M of Watermaster Facilities and Equipment 4,864$ 5,200$ 5,200$ 5,200$ 5,200$ 5,200$ Website 512$ 512$ 522$ 533$ 543$ 554$ Miscellaneous 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ Insurance 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ 20,000$ 150,000$ 100,000$ -$ -$ -$ Strategic Plan Implementation 20,000$ 150,000$ -$ -$ -$ -$ Future Projects (such as monitoring well
construction or upgrades to spreading facilities)-$ -$ 100,000$ -$ -$ -$ 1,779,443$ 432,875$ 503,843$ 662,964$ 810,009$ 944,712$ Operating Reserves
Beginning Reserves as of January 1 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Change in Net Assets 9,079$ (211,568)$ -$ -$ -$ -$ Transfer to Capital Reserves (9,079)$ 211,568$ -$ -$ -$ -$ Year End Balance 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Capital/Special Projects Reserves
Beginning Reserves as of January 1 1,467,804$ 1,479,443$ 132,875$ 203,843$ 362,964$ 510,009$ Change in Net Assets 2,561$ (1,135,000)$ 70,968$ 159,121$ 147,045$ 134,703$ Transfer from Operating Reserves 9,079$ (211,568)$ -$ -$ -$ -$ Year End Balance 1,479,443$ 132,875$ 203,843$ 362,964$ 510,009$ 644,712$ Table 8b
Five-Year Projection of the Six Basis Watermaster Budget Estimated Revenues, Expenditures, and Reserves
Assumes $100,000 in Capital Expenditures Beyond Completion of Current Strategic Plan Implementation Work Through 2024 Assumes Assessments $30/af in CY 2025; $38/af in CY 2026 to 2029 Revenues and Expenditures
Capital Improvements &
Special Projects Expenditures
Reserves
Table 1 and 7-8_CY 2025 Budget_draft.xlsx -- Table8b - 5-yr Proj (2) 11/14/2024
Item 07 Page 38 of 49

CY 2024
Projected CY 2025 CY 2026 CY 2027 CY 2028 CY 2029
Revenues 620,232$ 646,190$ 783,507$ 783,507$ 783,507$ 783,507$ Operating Assessments 575,111$ 616,190$ 590,500$ 602,346$ 614,423$ 626,764$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Capital Revenues
Capital Assessments -$ -$ 190,007$ 178,161$ 166,085$ 153,743$ PVPA Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ TVMWD Cost Share (Strategic Plan)-$ -$ -$ -$ -$ -$ Interest Earnings 22,561$ 15,000$ 1,500$ 1,500$ 1,500$ 1,500$ Total Expenditures 1,886,988$ 608,593$ 692,000$ 703,846$ 615,923$ 628,264$ Operating Expenditures 588,593$ 842,758$ 592,000$ 603,846$ 615,923$ 628,264$ Technical and Administrative Services 374,826$ 468,561$ 426,933$ 435,471$ 444,181$ 453,064$ Professional Services 55,200$ 55,985$ 40,985$ 41,915$ 42,857$ 43,841$ Financial Audit 10,200$ 10,700$ 10,985$ 11,315$ 11,645$ 12,005$ Legal 45,000$ 45,000$ 30,000$ 30,600$ 31,212$ 31,836$ Operational Services 141,567$ 300,212$ 105,722$ 107,733$ 109,783$ 111,875$ Cost Share-PVPA O&M of Spreading Grounds 136,191$ 294,500$ 100,000$ 102,000$ 104,040$ 106,121$ O&M of Watermaster Facilities and Equipment 4,864$ 5,200$ 5,200$ 5,200$ 5,200$ 5,200$ Website 512$ 512$ 522$ 533$ 543$ 554$ Miscellaneous 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ Insurance 17,000$ 18,000$ 18,360$ 18,727$ 19,102$ 19,484$ 20,000$ 150,000$ 100,000$ 100,000$ -$ -$ Strategic Plan Implementation 20,000$ 150,000$ -$ -$ -$ -$ Future Projects (such as monitoring well
construction or upgrades to spreading facilities)-$ -$ 100,000$ 100,000$ -$ -$ 1,779,443$ 432,875$ 524,382$ 604,043$ 771,628$ 926,871$ Operating Reserves
Beginning Reserves as of January 1 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Change in Net Assets 9,079$ (211,568)$ -$ -$ -$ -$ Transfer to Capital Reserves (9,079)$ 211,568$ -$ -$ -$ -$ Year End Balance 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Capital/Special Projects Reserves
Beginning Reserves as of January 1 1,467,804$ 1,479,443$ 132,875$ 224,382$ 304,043$ 471,628$ Change in Net Assets 2,561$ (1,135,000)$ 91,507$ 79,661$ 167,585$ 155,243$ Transfer from Operating Reserves 9,079$ (211,568)$ -$ -$ -$ -$ Year End Balance 1,479,443$ 132,875$ 224,382$ 304,043$ 471,628$ 626,871$ Table 8c
Five-Year Projection of the Six Basis Watermaster Budget Estimated Revenues, Expenditures, and Reserves
Assumes $200,000 in Capital Expenditures Beyond Completion of Current Strategic Plan Implementation Work Through 2025 Assumes Assessments $30/af in CY 2025; $39/af in CY 2026 to 2029 Revenues and Expenditures
Capital Improvements &
Special Projects Expenditures
Reserves
Table 1 and 7-8_CY 2025 Budget_draft.xlsx -- Table8c - 5-yr Proj (2) 11/14/2024
Item 07 Page 39 of 49

MEMORANDUM

DATE: November 20, 2024 SENT VIA: EMAIL

TO: Six Basins Watermaster Board

FROM: West Yost; Watermaster Staff

SUBJECT: Task Order No. 2025‐1 ‐ Provide Technical and Administrative Services for CY 2025

☒ For Action ☐ Fiscal Impact ☒ Funds Budgeted
☐ Information Only ☒ Cost Estimate: $468,561

RECCOMENDED ACTION
Authorize Task Order 2025‐1 for West Yost to Provide Technical and Administrative Services for CY 2025, contingent on the Board approval of the CY 2025 Budget (Item 08 of this Board Meeting Agenda).

Fiscal Impact: The estimated cost to Provide Technical and Administrative Services for CY 2025 is $468,561 and is included as part of the CY 2025 Budget.

SCOPE OF WORK
The scope of work for Technical and Administrative Services is described within the memo for Item 07 of this Board Packet and is also included as an attachment to the enclosed Task Order No. 2024‐1.

Also included with Task Order No. 2025‐1 is the work‐breakdown structure and line‐item cost estimate to Provide Technical and Administrative Services for CY 2025 (Table 1). The total estimated cost for labor and other direct reimbursable costs is $468,561 which is based on the rate schedule in Attachment B.

ENCLOSED
Task Order 2025‐1— Provide Technical and Administrative Services for CY 2025 Item 08 Page 40 of 49

SBWM Task Order 2025-1.docx

SIX BASINS WATERMASTER

TASK ORDER NO. 2025-1

Consultant: West Yost Associates, Inc.
2020 Research Park Drive, Suite 100
Davis, CA 95618
Start Date: January 1, 2025

Fee: $418,561 End Date: December 31, 2025

Payment: Monthly upon receipt and approval of
invoices.

THIS TASK ORDER is issued by the Six Basins Watermaster (SBWM) to West Yost Associates, Inc. (West Yost), pursuant to the Agreement for Professional Services dated November 18, 2020 (Agreement).

1. Project Name
Provide Technical and Administrative Services for CY 2025.

2. Scope of Services and Deliverables
West Yost shall provide Technical and Administrative Services for CY 2025 as described in Attachment A.

3. Compensation
West Yost shall be compensated on a time and materials basis to perform the Scope of Services based on the rate sheet included in Attachment A for a total fee not to exceed $418,561. The total fee cannot be exceeded without prior written approval of the SBWM Board.

4. Other Provisions
This Task Order shall be subject to all the terms and conditions of the Agreement between SBWM and West Yost which are incorporated herein by this reference.

Approved by:

Six Basins Watermaster West Yost Associates, Inc.

_________________________ _________________________
Chris Diggs Greg Chung
Six Basins Watermaster Board President Vice President

Item 08 Page 41 of 49

Scope of Services

Attachment A
Item 08 Page 42 of 49

SIX BASINS WATERMASTER
TASK ORDER NO. 2025-1

____________________________________________________________________________________________________________________________________________

SBWM Task Order 2025-1.docx

ATTACHMENT A

SCOPE OF SERVICES

2025 Technical and Administrative Services

Technical and Administrative Services ($418,561)
Table 1 is a work-breakdown structure and fee estimate for CY 2025 Technical and Administrative Services provided by West Yost. The budget was developed based on the 2025 rate sheet shown in Attachment B. Listed below is a description of the scope-of-work.

Task 1 - Prepare for and Attend Meetings.

Work proposed for this task includes preparing for and attending 11 Board meetings and performing associated administrative tasks, such as preparing Board agendas and meeting materials. The labor effort associated with this task has not significantly changed from the previous year.

Task 2 - Collect and Compile Agency and Other Data.

Work proposed for this task includes collecting and compiling data from the Parties and other cooperating agencies that are used to support Watermaster objectives and operations as required by the Judgment.

Additionally, this task includes receiving and responding to miscellaneous data requests; receiving and analyzing minimal producer requests; collecting, compiling, and reviewing pumping data from minimal producers; collecting, compiling, and reviewing MS4 data; and verifying flow -meter testing data for the Six Basins production wells. The labor effort associated with this task has not significantly changed from the previous year.

Task 3 - Groundwater-Level Monitoring Program and Equipment Maintenance.

Work proposed for this task includes field work to download and maintain continuously -recording data loggers installed in 23 wells and to collect manual groundwater levels at an additional three wells. The wells will be visited quarterly. The labor effort associated with this task has not significantly changed from the previous year.

Task 4 - Coordination with PVPA on Operation and Maintenance of Spreading Grounds.

Work proposed for this task includes coordinating with PVPA on the operation and maintenance of the spreading grounds and associated facilities. In 2017, Watermaster staff created, and the Board adopted, an analytical method to replace the Spreadsheet Model. T his method has been used since the Board’s approval in January 2017 and will be used in 2025 to assist Watermaster in directing PVPA spreading operations and assess the threat of high groundwater. Additionally, funds have been budgeted in the event a very wet year occurs, which would require Watermaster staff to increase its monitoring and assessment efforts to avoid high groundwater conditions. The labor effort associated with this task has not changed from the previous year.

Task 5 - Review and Revise Operating Plan and Rules and Regulations.

Work proposed for this task includes reviewing, recommending revisions to, and updating the Watermaster’s Operating Plan and the Rules & Regulations to ensure these documents reflect the current policies and practices of the Watermaster. This task is only perfo rmed as-needed. The labor effort associated with this task has not changed from the previous year.

Task 6 - Evaluation of the Potential for Substantial Injury.

Work proposed for this task includes conducting as-requested evaluations of the potential for substantial injury when Watermaster parties submit notifications and/or applications for certain “Actions.” The task consists of following the Watermaster-approved procedures to analyze certain “Actions” for the potential to cause Substantial Injury. This task is only performed as -needed. The labor effort associated with this task has not changed from the previous year.

Item 08 Page 43 of 49

SIX BASINS WATERMASTER
TASK ORDER NO. 2025-1

____________________________________________________________________________________________________________________________________________

SBWM Task Order 2025-1.docx

Task 7 - Prepare CY 2023 Annual Report.

Work proposed for this task includes preparing the draft and final 2024 Annual Report. The Annual Report is submitted to the Court in compliance with the Judgment and to the DWR in compliance with the Sustainable Groundwater Management Act (SGMA). The draft re port will be completed by February 2025 and the final report will be completed by March 2025 for Board approval. The report will be submitted to the state by the April 1, 2025 deadline. The labor effort associated with this task has not significantly changed from the previous year.

Task 8 - Determine Operating Safe Yield for CY 2025.

Work performed for this task includes preparing a draft and final memorandum to the Board with a recommendation for the Operating Safe Yield for the Four Basins for CY 2026. The draft OSY memorandum will be completed by October 2025 and the final OSY memorandum will be completed by November 2025. The labor effort associated with this task has not changed from the previous year.

Task 9 - Prepare Annual Budget for CY 2025.

Work performed for this task includes preparing a draft and final Annual Budget for the Watermaster for CY 2026. The draft budget will be completed by October 2025 and the final budget will be completed by November 2025. The labor effort associated with this task has not changed from the previous year.

Task 10 - Accounting Services.

Work performed for this task includes providing routine accounting services for the Watermaster and hiring and supervising a qualified accounting firm to perform the annual audit. The labor effort associated with this task has not changed from the previous year.

Task 11 - As-needed Technical Support for Development and Review of Strategic Plan Projects.

Work performed for this task includes providing as-needed support for project planning efforts performed by the Parties, or other project proponents, such as responding to data and information requests, attending meetings, providing recommendations for project operations, and supporting the Pa rties in applying for grants and low-interest loans. The labor effort associated with this task has not changed from the previous year

Task 12 - Project Management.

Work performed for this task includes monthly evaluation of the status of the Technical and Administrative services budget, schedule, and scope of work to ensure that expected work products are completed on time and on budget. The labor effort associated with t his task has not changed from the previous year.

Item 08 Page 44 of 49