Twentynine Palms City Council
February 22, 2022

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, February 22, 2022
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, February 22, 2022 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

CLOSED SESSION AGENDA
5:15 P.M.

CALL TO ORDER
Roll Call.

Adjourn to Closed Session.

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Initiation of litigation pursuant to Government Code Section 54956.9 (d) (4) (One Case).

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor John Pollnow, First Assembly of God Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Kiwanis Club for Their Participation in the Cash for Trash and Recycling Program.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

2. Waive the Reading of Ordinance and Approve the Reading by Title Only.

3. Approval of Minutes of the City Council Meeting Held on February 8, 2022.

City Council - Regular Meeting - WORKSHOP - 08 Feb 2022 - Minutes - Pdf 5 - 9

4. Morongo Basin Ambulance Report - January 2022
Morongo Basin Ambulance Monthly Report for January 2022 11 5. Fire Department Monthly Report - January 2022
Fire Department Monthly Report - January 2022
13 6. Legislative Report - January 2022
Legislative Report - January 2022 - Pdf
15 - 42

7. Purchase of Property for MBTA (Morongo Basin Transit Agency).

RECOMMENDATION: The City Council authorize the City Manager to negotiate and execute purchase and sale agreements for a property in furtherance of the MBTA ultimate Transfer Station for $60,000 plus customary closing costs.

Purchase of Property for MBTA (Morongo Basin Transit Agency). - Pdf 43 - 65

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

RECOMMENDATION: The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly. - Pdf
67 - 68

9. City Wastewater and Sewer Project.

RECOMMENDATION: Staff is looking for direction on the following:

1. Does the Council want Staff to pursue the funding with State Water in furtherance of the development of Wastewater Treatment and Sewer;
69 - 172

2. If yes to question above, Staff is recommending funding of development not to exceed $500,000 (the individual contracts will still come before the Council for approval;

3. If yes to the first question, Staff is recommending a request to the Twentynine Palms Water District to consider a Resolution in support of development of the wastewater and sewer project politically and financially.

City Wastewater and Sewer Project. - Pdf

FUTURE COUNCIL INITIATED ITEMS

1. Shade Structures and picnic tables in Veterans' Park.

2. Abandoned shopping carts.

3. Voting for Mayor each year instead of the current selection process of ascending to Mayor's seat determined by votes received in the Elections.

4. Street banners for different events and occasions.

PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., February 17, 2022.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING - WORKSHOP MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
February 8, 2022

1. Community Development Block Grant (CDBG) Presentations for 2022-23 2022-2023 CDBG Presentation.

The applicants gave their presentations at 5:15 p.m. prior to the regular meeting.

REGULAR MEETING MINUTES
CALL TO ORDER - Mayor O'Gilvie called the meeting to order at 6:00 p.m.

Pledge of Allegiance - Councilmember Bilderain led the Pledge of Allegiance.

Invocation - Sister Suzy Dick, The Church of Jesus Christ of Latter-Day Saints, gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Wright, O'Gilvie.

Closed Session Announcements - None.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor O'Gilvie announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Proclamation recognizing March 2022 as Black History Month.

Mayor O'Gilvie read the Proclamation in its entirety.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Klink wished everyone celebrating a birthday in February a Happy Birthday. He mentioned that the Farmer's Market is doing well over at the Project Phoenix area and encouraged everyone to go out and see what all the vendors have to offer, there are also basketball games now being held in the Multi-Activity Center. He mentioned that he attended an SBCTA Zoom meeting last week.

Councilmember Mintz commented that he attended the last VHR subcommittee meeting last Monday and there were quite a few people that attended. The final version will be presented to the Planning Commission and then the City Council. He reminded everyone of the State of the City Address that will be held on Wednesday, February 9th and right before that, tours of the facility will take place.

Councilmember Bilderain commented that he attended the VHR subcommittee meeting, he has been touring the Farmer's Market and it has been a huge success, he will be watching some of the basketball games being held in the Multi-Activity Center, his daughter also plays there. The Center isn't completed yet, but it looks amazing.

City Council - Regular Meeting - WORKSHOP
February 8, 2022
Mayor Pro Tem Wright mentioned that he attended a meeting with Congressman Obernolte and they were able to tour the Project Phoenix facility, he has also been to the Farmer's Market, and he wished his fourth grandbaby a Happy first Birthday.

Mayor O'Gilvie mentioned that she attended a Mayor's Academy, and it provided her with very helpful information, she attended the meeting with Congressman Obernolte, she toured the Project Phoenix facility, she has attended the Farmer's Market and she is happy to see so many people out there and she believes our Farmer's Market is riveling the Joshua Tree Farmer's Market which makes her happy. She encouraged everyone to attend the State of the City Address on February 9th. Mayor O'Gilvie then announced that Councilmember Klink's birthday is in February and asked everyone to join her in singing Happy Birthday to him.

CONSENT CALENDAR

3. Waive the Reading of Ordinance and Approve the Reading by Title Only.

4. Approval of Minutes of the City Council Meeting Held on December 14, 2021 and January 18, 2022.

5. Public Relations Firm.

RECOMMENDATION: The City Council authorize the public relations retainer of $5,500 monthly or $66,000 annually for this calendar year 2022 and authorize the City Manager to execute all related documents.

6. 2022/2023 CDBG Project Funding Prioritization.

RECOMMENDATION: The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2022/2023 for construction improvements to Luckie Park.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING
7 Redistricting Process Required by State Law.

RECOMMENDATION: The City Council hold a Public Hearing regarding the State-mandated redistricting process, pursuant to Elections Code sections 21607 and 21607.1.

City Manager Luckino introduced the item and then passed the floor to City Attorney Munoz who presented the Staff Report. City Attorney then passed the floor to Ms. Allison Torres, with Tripepi Smith, who gave an update on the outreach efforts they have been putting out on redistricting. She then passed the floor to Mr. Todd Tatum, with National Demographic Corporation (NDC), who provided an update on the redistricting process.

Councilmember Bilderain mentioned the current Councilmembers and their Districts. He asked City Attorney Munoz to explain to the community members about the 2017 Districting process and how the districts came about.

Mayor O'Gilvie opened the Public Hearing.

An email from "29 Palms Neighbors" was read into the record by Mayor O'Gilvie.

City Council - Regular Meeting - WORKSHOP
February 8, 2022
Mayor O'Gilvie closed the Public Hearing.

Councilmember Mintz doesn't believe the City's population has increased to make seven districts. He commented that he is not interested in seven districts, and he thinks the orange map has the cleanest district lines.

Councilmember Bilderain commented that he likes the orange and tan maps. He mentioned that we hired this group, NDC, who are professionals, and he trusts what they are doing and will meet the requirements as stated by law.

Mayor Pro Tem Wright likes the tan and orange maps.

Councilmember Klink commented that the green map is not an option for him, and he is interested in the orange map.

Mayor O'Gilvie agreed with the Councilmembers and is leaning towards the orange and tan maps.

Mr. Tatum commented that the two maps could be brought back to the Council at the next Public Hearing, which will be in March and the City Council could adopt an Ordinance or Resolution then.

City Attorney Munoz commented the City can adopt the new maps by Resolution and he recommends that all maps be brought back at the next City Council meeting, allowing the City Council to take their time in voting for the right map.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Shade Structures at City Hall and Luckie Park.

RECOMMENDATION: The City Council approve the sole source purchase and installation of the Luckie Park bleacher shade structures and the City Hall entrance canopy for a total amount not to exceed $117,000.00 and authorize the City Manager to execute all necessary documents.

Information Services Director Marshall presented the Staff Report.

After a brief discussion, Councilmember Klink asked that the City Hall item be continued in order to obtain more information.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Bilderain, to approve the purchase and installation of the Luckie Park bleacher shade structures and to continue the City Hall entrance canopy to a later date. The City Council authorized the City Manager to execute all necessary documents.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

9. Pioneer Park.

RECOMMENDATION: The City Council purchase the land needed to develop Pioneer Park in the amount of $211,800 plus customary closing costs and authorize the City Manager to execute all necessary documents.

City Council - Regular Meeting - WORKSHOP
February 8, 2022
ACTION: A motion was made by Mayor Pro Tem Wright, seconded by Councilmember Bilderain to purchase the land needed to develop Pioneer Park in the amount of $211,800 plus customary closing costs and authorize the City Manager to execute all necessary documents.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

10. Financial Report - Mid-Year of the 2021/22 Fiscal Year.

RECOMMENDATION: Staff is recommending the following actions:

1. The City Council review and accept the financial report for the second quarter of the 2021/22 Fiscal Year.

2. Approve the inter-fund transfer of the Revenue Replacement in the amount $2,260,258 from ARPA Fund (Special Fund) to the General Fund for government services in FY 2021/22.

3. Approve the inter-fund transfer of $338,250 from the General Fund to the Sewer Fund for the property acquisition needed for the expansion of Project Phoenix package treatment plant in FY 2021/22.

4. Approve the inter-fund transfers from the General Fund to the Capital Projects Fund for the following projects in FY 2021/22: $42,800 for the Social Equity Element of the General Plan; $100,000 for the Re Roof of City Buildings; $2,081,086 for the Luckie Park Pool upgrade; $169,000 for the property acquisitions needed for Pioneer Park; $94,000 for shades at Luckie Park; and $45K for shades at City Hall.

5. Approve the inter-fund transfer of $26,000 from the General Fund to the Capital Projects Fund for a mower in FY 2022/23.

City Manager Luckino presented the Staff Report, mentioning that he would present 99% of the report. There is a portion that has to do with Project Phoenix, and he will present that at the end, so that Councilmember Mintz could recuse himself from that portion due to a possible conflict of interest.

Mayor Pro Tem Wright asked about the Safe Routes to Schools item and wanted to know if it included bus stops. City Manager Luckino replied no and mentioned that the City could reach out to the School District and communicate the need for a bus stop at the corner of Mesquite Springs Road and Indian Trail.

Mayor O'Gilvie asked City Manager Luckino to explain the Social Equity Element of the General Plan.

An email from "29 Palms Neighbors" was read into the record by Mayor O'Gilvie.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Bilderain to approve Staff's recommendations items 2,4, and 5 and excluding the $45,000 for the shade structure at City Hall.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Councilmember Mintz recused himself due to a possible conflict of interest and left the Council Chambers at 7:39 p.m.

City Manager Luckino presented item #3.

City Council - Regular Meeting - WORKSHOP
February 8, 2022
ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Wright to approve item # 3.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Councilmember Mintz returned to the Council Chambers at 7:41 p.m.

FUTURE COUNCIL INITIATED ITEMS

1. Shade Structures and picnic tables in Veterans' Park.

2. Abandoned shopping carts.

3. Voting for Mayor each year instead of the current selection process of ascending to the mayor's seat determined by votes received in the Elections.

Mayor O'Gilvie requested that the City Council discuss the possibility of having street banners for different events and occasions. Mayor Pro Tem Wright seconded the item.

PUBLIC COMMENTS - None.

CITY MANAGER UPDATE
City Manager Luckino provided the following update: he mentioned that he would like the Council to think about how to use the ARPA funds for next year and one of the big issues being heard around the city is housing and the big challenge with housing is the lack of sewer. He also mentioned Pioneer Park and possibly using those funds for the park, the bike path from Hatch to Sullivan and wastewater. He commented that the Bird scooters have been initiated; the cost to unlock a scooter is $1.00 and 39 cents per minute thereafter, the City will be closing out Project Phoenix soon, Staff is going to be proactive based on the situation that occurred at the Multi-Activity Center last evening. He reminded everyone that the State of the City is tomorrow evening with tours beginning at 4:30 p.m. and the Address will begin at 5:30 p.m.

Councilmember Mintz asked City Manager Luckino about the median project on Highway 62. City Manager Luckino mentioned that CalTrans will begin the project soon and it should be completed by August 2022.

ADJOURNMENT - Mayor O'Gilvie adjourned the meeting at 7:48 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO
City of Twentynine Palms

MBA Before 29 FD MBA & 29 FD Same Response MBA Arived After ALS BLS Total Calls 145 39 41 141 9 241
MBA Before
29 FD
MBA & 29 FD
Same
Response
MBA Arived
After ALS BLS Total Calls
Series1 145 39 41 141 9 241
0 50
100
150
200
250
300
January 2022 Calls

Totals for FY 21/22
Incidents
1 2
3 17
1 180
17 13
234
Incident Type
Structure Fire
Vehicle Fire
Other Fire
HazMat
Medical
Public Service
Traffic Collision
Totals
Investigation/Alarm
San Bernardino County Fire Area Incident Report
Criteria: 01/01/2022 to 01/31/2022
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Printed on 2/1/2022 11:37 AM Page 1 of 1 Page 13 of 172

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 22 2022
SUBJECT: Legislative Report - January 2022
ATTACHMENTS:
• Legislative Monthly Report -
January 2022
• January 2022 Legislative
Matrix

INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941

MEMORANDUM
To: Frank Luckino, City of 29 Palms
From: Letitia White, Jean Denton, and Drew Tatum
Date: January 31, 2022
Re: January Monthly Legislative Update
Appropriations Work to Continue Despite Recess
Congressional negotiators are working to strike a government funding deal ahead of a February 18 deadline, even as lawmakers took a weeklong recess at the end of January.

Senate Appropriations Chairman Patrick Leahy (D-VT) wants to have an omnibus prepared a few days after lawmakers return from recess on January 31, he said, setting an ambitious schedule for negotiations during the recess.
“Hopefully, a few days after we come back, there will be an omnibus,” Leahy said.

Senate Appropriations Vice Chairman Richard Shelby (R-AL) has indicated staffers will continue discussions during the recess, and Leahy said he “wouldn’t be surprised” if there were conversations among the top House and Senate appropriators in the near future.

Senator Shelby has been openly skeptical about meeting the February 18 deadline, though he said negotiators have made progress.
“It’d be hard to get it by the 18th, but if we can make huge progress, we’ll probably get it done soon,” Shelby recently told reporters. He added, “We’re a lot better off than we were a month ago.”
It’s possible lawmakers will make significant progress but have to rely on a short-term stopgap if there isn’t a finished 12-bill spending package by February 18.

Top appropriators have debated how to approach policy riders and top-line defense and nondefense spending figures in conversations among Leahy, Shelby, House Appropriations Chair Rosa DeLauro (D-CT) and House Appropriations ranking member Kay Granger (R-TX).

The timing of a full omnibus spending package depends on how soon top negotiators can sort out fundamental questions on riders – including the decades-old Hyde amendment limiting federal funds for abortion – and top-line spending figures. Appropriations subcommittee leaders say they can act quickly and finish work if there’s a high-level agreement soon.

Innovative Federal Strategies LLC
IFS Monthly Report 2 | Page
In addition to working to finish the FY22 appropriations bills, Democratic leaders expect a supplemental spending measure to respond to the omicron variant of the coronavirus, possibly tied to a government funding bill, though Republican concerns remain about the use of previously appropriated money.

Speaker Nancy Pelosi (D-CA) said on Tuesday, January 18 she hopes a supplemental spending bill could be done in time to be added to an omnibus government funding bill, but noted that supplemental appropriations will be contingent on how the appropriations committees seek to address the lingering coronavirus pandemic.
“We’d like to see that in any number of bills, but we’ll see how that goes in approps first,” Pelosi told reporters last week.

The White House has yet to send a formal funding request for an omicron bill, and appropriators haven’t offered any details on how they might approach the measure. Republicans have also raised complaints about the use of previously appropriated funds for testing, considering the shortage of available tests as coronavirus cases increased this winter.

Republicans may support a bill, but they’ll insist on reusing previously appropriated funds rather than relying on all new spending, according to Representative Tom Cole (R-OK), who serves as the ranking member of the House Appropriations Labor-HHS-Education Subcommittee. “It depends on what’s in it and it depends on whether they’re willing to use any of the money they’ve already spent,” Cole said.

House Majority Leader Steny Hoyer (D-MD) told reporters earlier this month he also expects a supplemental bill addressing the omicron surge.

Pelosi Says Build Back Better Act May Need to Be Scaled Back Speaker of the House Nancy Pelosi (D-CA) admitted that Democrats may need to scale back and rebrand the Build Back Better Act – President Biden’s massive social spending package.

The announcement came after a press conference on January 20 hosted by President Biden where he suggested that the legislation may need to be broken up into “chunks.” The President suggested that this method could be used to garner support from Senator Joe Manchin (D-WV), whose opposition cause the package to fail last month.

Speaker Pelosi disagreed with the President’s use of the word “chunks,” but agreed that the package could be paired down. “’Chunks’ is an interesting word,” Pelosi said. “So what the president calls ‘chunks’ I would hope would be a major bill going forward. It may be more limited, but it is still significant.”
Speaker Pelosi outlined major portions of the legislation that she would like to see preserved in a reworked spending package, which she indicated may also be renamed. Among the priorities she

Innovative Federal Strategies LLC
IFS Monthly Report 3 | Page
noted were the billions of dollars included in Build Back Better for climate initiatives, provisions to expand health care coverage, and provisions that aim to lower the cost of prescription drugs.

The Speaker also made note she did not want to lose the provisions to provide aide to children, including universal preschool and the expanded child tax credit, both of which have been opposed by Senator Joe Manchin (D-WV).

House Ways and Means Committee Chairman Richard Neal (D-MA) told reporters he had not heard word from the White House which portions may need to be cut out to move the legislation forward. “We need to determine what Joe Manchin is in favor of. I certainly am not ready to throw in the towel on it,” Neal said.

Bipartisan Senate Group Works on Changing Election Law
During the January state work period, a group of Senators met via Zoom to discuss changes to the Electoral Count Act of 1887 after Democrats’ larger election reform and voting rights bill failed to advance in the Senate.

The call included 15 participants and last for around an hour while members discussed the Electoral Count Act. The bill lays out how the Electoral College results are counted. Though the bill was the center of the discussions, the group also discussed other potential election reforms that may enjoy bipartisan support.

The meeting was organized by Senator Susan Collins (R-ME) and follows a staff-level meeting which took place during the week of January 17. During the first meeting, senators discussed potential changes to the 1887 law in wake of the 2020 election.

Participants included Republican Senators Susan Collins (R-ME), Senator Mitt Romney (R-UT), Lisa Murkowski (R-AK), Shelley Moore Capito (R-WV), Rob Portman (R-OH), Thom Tillis (RNC), Todd Young (R-IN), and Ben Sasse (R-NE). The Democrat Senators included Senators Joe Manchin (D-WV), Jeanne Shaheen (D-NH), Kyrsten Sinema (D-AZ), Mark Warner (D-VA), Chris Coons (D-DE), Chris Murphy (D-CT), and Ben Cardin (D-MD).

The Senators are eyeing a clarification that the role of a vice president is ceremonial and increasing the number of lawmakers that must sign onto an objecting challenging a state’s Electoral College slate before Congress votes on the challenge.

Of the work, Senator Collins said, “I'm very encouraged by the fact that so many of our colleagues on both sides of the aisle have indicated an interest in making sure that votes are properly counted and certified, and that means overhauling the 1887 Electoral Count Act, it means looking at additional protections against violence and threats for poll workers and election officials.”
Much of the momentum behind the results from former President Trump’s attempt to pressure his Vice President, Mike Pence, to dismiss the Electoral College results from battleground states as part of his role overseeing Congress’s counting of election results on January 6, 2021.

Innovative Federal Strategies LLC
IFS Monthly Report 4 | Page
Senator Tillis, said he believes the Act has “clearly become weaponized,” adding “we clearly have to make it clear that the vice president is in a ministerial position, and there should be a higher bar for lodging an objection.”
The group of senators also weighed making it a crime to threaten election officials or poll workers.

Senator Machin spoke on the Senator floor regarding the issue prior to the state work period saying those who use intimidation should be "dealt with in the harshest penalties, we're not going to fool with our count."
The group’s work is growing in support as Senator Majority Leader Mitch McConnell (R-KY) gave them his blessing and House GOP Leader Kevin McCarthy (R-CA) is remaining open to revisions.

Despite the bipartisan efforts, Senate Majority Leader Chuck Schumer (D-NY) has indicated Democrats will continue to attempt to find a path forward for their voting rights legislation after the failed attempt to pass a rule change that would exclude the legislation from the legislative filibuster.

After two Democrats, Senators Joe Manchin (D-WV) and Krysten Sinema (D-AZ), voted against the rule change, Senator Schumer spoke from the floor saying that the setback was “disappointing” but that they would “keep working until voting rights are protected for every American.”
He continued:

It will not deter Senate Democrats from continuing our fight against voter suppression, dark money and partisan gerrymandering. With no support from Senate Republicans, many of whom deny the very existence of voter suppression, we faced an uphill battle, but because of this fight and the fact that each senator had to show where they stand, we are closer to achieving our goal. Now that every senator has gone on record, the American people have seen who's on the side of protecting voting rights, and it will only strengthen our resolve as we work to ensure our democracy does not backslide.

Senators Sinema and Manchin both supported the underlying voting rights bill but voted against the one-time rules change.

Senator Schumer tried to change the Senate rules to allow the voting rights bill to bypass the legislative filibuster. The filibuster requires 60 votes for most legislation to advance. His decision to do so came after the Republicans blocked the legislation, which combines the Freedom to Vote Act to overhaul federal elections and campaign finance laws with the John Lewis Voting Rights Advancement Act which strengthens the 1965 Voting Rights Act.

Innovative Federal Strategies LLC
IFS Monthly Report 5 | Page
House Majority Leader Nancy Pelosi Announces Run for Reelection Speaker of the House Nancy Pelosi (D-CA) made an announcement that she is seeking reelection in 2022 amid rumors that this would be her last year in office.

Pelosi, who has been in office since a special election in 1987, said that U.S. democracy is “at risk” and that the next election would be “crucial.”
In an announcement posted to Twitter, Pelosi said:

While we've made progress, much more needs to be done to improve people's lives. Our democracy is at risk because of assaults on the truth, the assault on the U.S. Capitol and the state-by-state assault on voting rights. This election is crucial. Nothing less is at stake than our democracy. But, as we say, we don't agonize; we organize. And that is why I am running for reelection to Congress and respectfully seek your support. I would be greatly honored by it and grateful for it.

Pelosi pledged in 2018 that she would only serve for two additional terms as Speaker of the House. She has served as the top Democrat in the House for the past 19 years.

The next election will be a difficult one for Democrats to keep their majority and many speculate she will not wish to continue in a position of leadership if Democrats are in the minority. Even if Pelosi is elected in November, she may still resign early in the new Congress if Democrats are in the majority. There has been speculation that Pelosi announced she would seek reelection to hold off a wave of additional Democratic retirements. To date, 29 House Democrats have announced they will not seek reelection to the House in 2022, though a number are seeking other office.

A full list of Members and Senators who have announced their retirement or plans to seek other office from the House and Senate is included below.

Departing Senators Party State Reason
Richard Burr R North Carolina Retiring
Pat Toomey R Pennsylvania Retiring
Rob Portman R Ohio Retiring
Richard Shelby R Alabama Retiring
Roy Blunt R Missouri Retiring
Patrick Leahy D Vermont Retiring
Departing House Members Party District Reason
Ann Kirkpatrick D AZ-02 Retiring
Tom Reed R NY-23 Retiring
Jody Hice R GA-10 Running for GA Secretary of State
Filemon Vela D TX-34 Retiring
Mo Brooks R AL-05 Running for Senate
Lee Zeldin R NY-01 Running for Governor
Kevin Brady R TX-08 Retiring

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Tim Ryan D OH-13 Running for Senate
Ted Budd R NC-13 Running for Senate
Cheri Bustos D IL-17 Retiring
Charlie Crist D FL-13 Running for Governor
Val Demings D FL-10 Running for Senate
Vicky Hartzler R MO-04 Running for Senate
Billy Long R MO-07 Running for Senate
Conor Lamb D PA-17 Running for Senate
Ron Kind D WI-03 Retiring
Anthony Gonzalez R OH-16 Retiring
Karen Bass D CA-37 Running for Los Angeles mayor
John Yarmuth D KY-03 Retiring
David Price D NC-04 Retiring
Mike Doyle D PA-18 Retiring
Anthony Brown D MD-04 Running for Maryland attorney general Adam Kinzinger R IL-16 Retiring
Jackie Speier D CA-14 Retiring
G.K. Butterfield D NC-01 Retiring
Eddie Bernice Johnson D TX-30 Retiring
Peter Welch D VT-AL Running for Senate
Louie Gohmert R TX-01 Running for Texas attorney general Tom Suozzi D NY-03 Running for Governor
Peter Defazio D OR-04 Retiring
Alan Lowenthal D CA-47 Retiring
Stephanie Murphy D FL-07 Retiring
Lucille Roybal-Allard D CA-40 Retiring
Albio Sires D NJ-08 Retiring
Bobby Rush D IL-01 Retiring
Brenda Lawrence D MI-14 Retiring
Ed Perlmutter D CO-07 Retiring
Trey Hollingsworth R IN-09 Retiring
John Katko R NY-24 Retiring
Jerry McNerney D CA-09 Retiring
Jim Langevin D RI-02 Retiring
Jim Cooper D TN-05 Retiring
President Biden Pledges to Nominate a Black Woman to the Supreme Court In the wake of the announcement that Justices Stephen Breyer plans to retire at the end of the current term, President Biden reiterated a promise that he will nominate a Black woman to serve on the Supreme Court.

During his campaign the President made promises at multiple points that he would appoint a woman of color to serve on the nation’s highest court.

Senator Patty Murray (D-WA), the third most senior Democrat in the Senate, said, “In the wake of Justice Breyer’s retirement, I want to voice my support for President Biden in his pledge to

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nominate the first Black woman to the Supreme Court. The Court should reflect the diversity of our country, and it is unacceptable that we have never in our nation’s history had a Black woman sit on the Supreme Court of the United States — I want to change that.” Breyer’s retirement follows months of pleas from Democrats for him to step down in favor of a younger justice to serve on the court as Democrats retain a majority in the split Senate with Vice President Harris serving as a tiebreaking vote.

President Biden has indicated that he plans to consult with both Democrats and Republicans before announcing a selection. He plans to announce his pick prior to the end of February.

Even though Justice Breyer doesn’t plan to step down until the end of the Supreme Court’s current term, Democrats have indicated they intend to hold confirmation hearings and clear a nominee this spring.

Senate Majority Leader Chuck Schumer indicated the Senate will move with deliberate speed to confirm a Biden nominee. Senate Democrats have indicated they may use an accelerated timeline to confirm a nomination, pointing to Justice Amy Coney Barrett’s nomination that cleared the Senate in one month.

Biden Administration Announces Plan to Secure Water Systems from Attack The White House announced plans on Wednesday, January 26 to protect U.S. water systems from cyberattacks as a part of a broader effort to defend elements of critical infrastructure from attacks.

Alongside the White House, the Environmental Protection Agency (EPA) announced their new action plan for the water sector that aims to encourage water utilities to adopt a system that detects cyber threats to industrial control systems early. The White House plans to implement the action plan in over 100 days.

The White House also plans to boost information sharing about cyber threats between operators of water utilities and the federal government.

A senior officer told reporters, “Our efforts to secure critical infrastructure highlight the fact that cybersecurity is a top economic and national security priority for the Biden administration.” The official went on to say the Colonial Pipeline and meat processor JBS last year exposed the limits of the federal government’s authority to set cybersecurity baselines.

The new plan for the water sector will be the product of the EPA, Cyber Security Infrastructure Security Agency under DHS. The agencies are working together to set up a pilot program where water utilities can participate in for ICS monitoring and engaging with utilities that have already adopted ICS monitoring.

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The Water and Wastewater Sector Action Plan focuses on promoting and supporting the water sector’s adoption of strategies for the early detection of cyber-threats and allow for the rapid sharing of cyber-threat data across the government in order to expedite analysis and action.

Actions include:
• Establishing a task force of water sector leaders.
• Implementing pilot projects to demonstrate and accelerate adoption of incident monitoring.
• Improving information sharing and data analysis.
• Providing technical support to water systems.

The official also said that the White House intends to propose legislation this year to increase the EPA’s authority so that it would be able to mandate similar cybersecurity actions for the water sector.

Additional information can be found here: https://www.epa.gov/newsreleases/epa-announcesaction-plan-accelerate-cyber-resilience-water-sector Increase in COVID-19 Spurs Discussion of More Federal Aid With cases of the Omicron variant on the rise, two Senators have begun discussing the possibility of a relief package with additional support for restaurants. Senator Ben Cardin (D-MD) and Senator Roger Wicker (R-MS) are working as a team to garner support for another round of Covid relief.

The Senators have both stated that the initial round of funding, which sat around $28.6 billion in March 2021 for restaurants, was not enough. Funding for the program ran out in October, well before many interested businesses received aid.

Senator Wicker told reporters, “Fully half of the eligible restaurants did not receive money because it was not adequately funded.”
The Senators are hoping to expand the package beyond restaurants if there is support for doing so, though funding has yet to be discussed.

Currently, the package is being crafted as a standalone bill with the potential to be attached to a legislative vehicle such as the upcoming omnibus bill to fund the government after the government runs out in February.

Senate Appropriations ranking member Richard Shelby (R-AL) has said that the spending bill is currently stalled and noted that he wished to see how the package would be funded and if aid would be structured as loans or grants.

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Governors to Name Infrastructure Coordinators Per White House Request In order to implement the new infrastructure law, the White House is asking states to select their own high-level coordinators.

The White House infrastructure coordinator, Mitch Landrieu, send a letter to every governor requesting they select their own infrastructure implementation coordinator. The model is similar to that of the 2009 American Reinvestment and Recovery Act when recovery coordinators were a group of state representatives.

In his letter, the White House office wrote, “Given the success of this model and the highly integrated nature of the Bipartisan Infrastructure Law, I humbly request that you consider appointing a high-level person to serve as your state’s own Infrastructure Implementation Coordinator. This individual would work with your budget team and across departments responsible for transportation, water, broadband, and energy investments to coordinate implementation of the various infrastructure programs, perhaps using a structure similar to the Infrastructure Implementation Task Force created by the President.” Two states have already begun the process; Arkansas Governor Asa Hutchinson (R) and New Mexico Governor Michelle Lujan Grisham (D) both have established committees to oversee the bill’s implementation. The White House has encouraged states to do similarly. “We know that needs, capacity, and challenges can vary widely by locality. We need to make sure our programs reflect these realities across your state and our country, and having a senior, single point of contact in your office will help to ensure that issues get elevated appropriately and rapidly,” wrote the White House.

Upon the infrastructure bill’s passage, the Biden Administration began laying the groundwork for implementing the law immediately. The bill will be implemented across several agencies including the Department of Transportation, Commerce and Energy. Investments are to be made over five years.

Infrastructure Bill Highlights Agency Challenges
Long before Congress gave the U.S. government $1 trillion to shore up the nation’s infrastructure, the federal bureaucracy had its challenges doling out much smaller amounts of money.

Officials didn’t always track how they spent the cash Congress already gave them—in one case environmental regulators wrote $71 million worth of incorrect checks. Local leaders struggled to get new pandemic programs up and running, even if the federal government provided billions to support them. Thousands of federal workers neared retirement, positioning the workforce for gaping holes in knowledge just as it is expected to manage billions of dollars.

Now President Joe Biden is asking the U.S. government to set up a suite of new programs, spend more on infrastructure, and hire enough workers to do it all—fast. To get there, federal agencies such as the Departments of Commerce and Energy must find quick and accurate ways to get

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billions out the door—far more money than they’re used to having on hand. The Environmental Protection Agency and Transportation Department will need to hire hundreds of new workers with hard-to-find skills in the midst of a labor shortage. And the White House will need to stand up a team to shepherd it all, plus work with the localities that own and operate most infrastructure nationwide.
“Trying to get money out too fast is just a recipe for fraud,” Sean O’Donnell, the EPA’s inspector general, said about the infrastructure law.

Biden has said government auditors will have open access to agency officials in the coming months to build public confidence in the administration’s ability to deliver on the promises of the law. He’s also instructed each agency to name a point person for government watchdogs who audit infrastructure spending.

Almost 80% of the $550 billion in new spending the law provides will go to projects funded entirely or primarily by grants. That creates the biggest immediate challenge in carrying out the law—evaluating and tracking grant applications is hugely labor intensive. Government agencies need hundreds of new grant personnel, budget analysts, and managers. It takes an average of 98 days to hire a new federal worker, making it unappealing for Americans who want a paycheck quickly.

Days after Biden signed the infrastructure bill into law on the White House South Lawn, the federal government’s human resources office asked agencies how many new hires they’d need to put it in place. A newly assembled 30-person team will guide federal officials through a hiring “surge,” and set plans to launch a special website for help-wanted ads, said Kiran Ahuja, director of the Office of Personnel Management.

Agencies are beginning to post ads. The EPA is looking for at least a dozen grant specialists. The National Oceanic and Atmospheric Administration, given $2.6 billion in the infrastructure law, has at least four openings for managers. The Transportation Department got permission to cut down on paperwork to speed up hiring at least five engineers, according to its jobs board. The permission is typically reserved for jobs where there is a shortage of applicants, such as nurses or pharmacists.

The Commerce Department, given $45 billion to expand access to broadband, offers a window into how Biden’s infrastructure ambitions will collide in the coming months with the limits of the federal workforce. The agency lost 6% of its employees in the year that ended in September, the greatest share of any cabinet-level agency in that same period. The Senate also has yet to sign off on Biden’s nominee to lead the office that will handle the new broadband money. It hasn’t had a permanent head since May 2019.

The department has less experience doling out infrastructure grants than agencies such as EPA and the Transportation Department. Commerce committed to spend just $2.9 billion on grants last fiscal year, according to federal spending records. The infrastructure law gives the Commerce Department six months to get set up to distribute the funds.

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“This is going to be a massive undertaking for the Department of Commerce, but we’re up for it,” Commerce Secretary Gina Raimondo told reporters in November.

States will also need to find staff. The Commerce Department is asking them to write plans for how they’ll spend the money. As of late November, just 34 states had any kind of plan to expand access to broadband, according to Pew.

The White House infrastructure team, steered by former New Orleans Mayor Mitch Landrieu, will serve as a “front office” for local officials about the infrastructure law, said Samantha Silverberg, Landrieu’s deputy. It’s writing a guide for governors and mayors about funding available in the infrastructure law, she said, and helping those local officials get ready to use the money. It’s also bringing together officials from across agencies to share how they’re handling their portions of the law.

House Panel Begins Work on Water Infrastructure
The House Committee on Transportation and Infrastructure is exploring how the Army Corps of Engineers is implementing funding for water projects included in the Infrastructure Investments and Jobs Act (bipartisan infrastructure bill) and changes to the harbor maintenance trust fund enacted in 2020.

Chairman Peter DeFazio (D-OR) said in his prepared remarks in advance of the subcommittee’s January 12 inaugural committee meeting kicking off work on the 2022 Water Resources Act, “Careful and expedient implementation of the Bipartisan Infrastructure Law will be a focus of the committee this year, as well as implementation of the policy changes included in the last few WRDA bills.”
The bipartisan infrastructure bill (PL-117-58) was signed into law on November 15th provided more than $17 million to the Army Corps of Engineers. The infrastructure investment law and $8.7 billion in fiscal 2022 spending in the House approved for the Army Corps is a historic amount for the chronically underfunded agency which is responsible for critical water infrastructure and environmental projects across the country. “This funding will allow for game-changing, once-in-a-generation investment in our critical water resources infrastructure” said Water Resources and Environment Subcommittee Chair Grace Napolitano (D-CA) in her prepared remarks.

Representative Napolitano continued on the mention the importance of WRDA 2022 investments addressing the effects of COVID-19 on supply chain bottlenecks in coastal ports and waterways, including dredging and widening projects.

Transportation and infrastructure Republican Rep. Bruce Westerman (AR) said the subcommittee “has a great track record of ensuring that critical water projects are authorized on a predictable cycle” and that the committee is “working hard to build on the success of previous WRDA bills this year.”

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Congress is expected to pass a Water Resources Development Act in calendar year 2022, following recent successes of reauthorizing the legislation every two years.

Biden Administration Says It’s Making ‘Slow Progress’ on Inflation The newest data on inflation demonstrates the administration is “making progress in slowing the rate of price increases,” the President said in an announcement. The President also acknowledged there is much more work to be done to lower costs for everyday Americans.

On Wednesday, January 12, the President said, “Today’s report – which shows a meaningful reduction in headline inflation over last month, with gas prices and food prices falling – demonstrates that we are making progress in slowing the rate of price increases. At the same time, this report underscores that we still have more work to do, with price increases still too high and squeezing family budgets.”
The Department of Labor released new data showing that consumer prices increased over 7% in December from the same time last year. This is the fastest increase since 1982 and largest price increases include categories of shelter and used vehicles.

The report, however, also showed that inflation increased 0.5% from November to December, a rate lower than the two previous months, which the White House highlighted in an effort to show increases beginning to ease.

Food, gas, and natural gas prices went down as well according to the data.

The new data, however, also presents a challenge for President Biden as he has struggled to ease fears about surging good prices. Republicans have been attempting to make inflation a major issue for the upcoming midterm election.

In a statement, the President said, “Inflation is a global challenge, appearing in virtually every developed nation as it emerges from the pandemic economic slump. American is fortunate that we have one of the fastest growing economies – thanks in part to the American Rescue Plan – which enables us to address price increases and maintain strong, sustainable economic growth.

That is my goal and I am focused on reaching it every day.” President Biden Reaches One Year into Term
President Biden entered the second year of his term on January 20 with looming uncertainty. The President is currently juggling a variety of complex issues including inflation, simmering crisis between Russia and Ukraine, rebranding and prepackaging the failed Build Back Better Act, the omicron variant, and voting rights legislation.

Democratic allies are frustrated with the White House’s response to many of issues have been reactive. Former Senate Majority Leader and friend to many White House aides, Tom Daschle, said recently, “It is hard to control the narrative when you have so many things coming at you,

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like climate change issues, tornadoes, Ukraine, wildfires destroying parts of the West, and omicron. I don’t know if they feel overwhelmed as much as they feel the gravity of these issues.” The President’s approval ratings have been bleak as well as recent polling from Ipsos polling found that 50% of Americans disapprove of the way the President has been handling the job, while 45% approve. These numbers of roughly similar to those of the polling done in the fall. A Gallup poll showed similar numbers with 56% of Americans disapproval for the President’s job performance compared to a 40% approval rating.

The polling is perhaps reflective of recent failed legislative attempts such as that of voting rights.

The President went to Georgia earlier this January to promote the legislation and advocate for the Senate to change the rules around the filibuster only to find the bill quashed by Senator Democrats Joe Manchin (D-WV) and Krysten Sinema (D-AZ).

In a White House press conference, the President says he plans on doing some things differently this term, starting off with first, getting out of Washington D.C. more in order to “talk to the public” about the positive impacts of his proposed agenda.

DHS Urges Cities to Cooperate on Immigration Enforcement Homeland Security Secretary Alejandro Mayorkas is urging local leaders to cooperate with U.S. immigration officials in enforcement cases that affect public safety.

He made the plea at a U.S. Conference of Mayors meeting, attempting to address a longstanding rift between many left-leaning cities and U.S. Immigration and Customs Enforcement (ICE) after the agency ramped up cooperation agreements with many local governments to target immigrants in the country illegally.

Under cooperation agreements, local law enforcement works with ICE on immigration enforcement. The Trump administration attempted to penalize “sanctuary cities” that refused to cooperate.
“I don’t mean to assert that that distrust is not earned,” Mayorkas said of cities resisting cooperation. He argued, however, that the agency has evolved during the Biden administration and isn’t focused on “indiscriminate enforcement.”
“I will be coming to you and asking you to reconsider your position of noncooperation and see how we can work together,” Mayorkas said. “And I may not succeed initially in a wholesale reversal of your position, but I am willing to work in increments with you because the public safety, the public’s well-being, for which we are all charged, is at issue.” ICE issued new enforcement priorities last year that focus resources on dangerous individuals who pose threats to public safety and national security.

Bill Number Sponsors Title and/or Summary Summary/Status Latest Action H.R. 4502 Rep. Rosa DeLauro (D-CT)
Labor, HHS, Education, Agriculture,
Rural Development, Energy and
Water, Financial Services and
General Government, Interior,
Environment, Military Construction
and VA, Transportation-HUD
Appropriations Act, 2022
The legislation combines 7 of the
annual spending bills into one
package.

The legislation passed the House on
Thursday, July 29 by a vote of 219 – 208
on party lines.

H.R.5376 President Joe Biden /
Congressional Democrats Build Back Better Act
The Build Back Better Act proposes
spending nearly $2 trillion over a 10-
year period, with certain programs
expiring after only a year or two to
keep the total cost of the bill down.

Congressional Democrats hope to use
the budget reconciliation process to
pass elements of the administration’s
American Families Plan.

On Saturday, September 25, the House
Budget Committee passed the package
in a 20-17 vote, piecing together the
chunks of legislation approved by 13
House committees earlier this month
that make up the spending plan.

Further changes were made
throughout the month by the House
Rules Committee in preparation for
floor consideration.

After receiving information on the bill’s
cost from the CBO, the House passed
the nearly $2 trillion bill in a 220-213
vote on Friday, November 19.

Due to Senator Joe Manchin’s
opposition to the bill, top Democrats
may focus on a smaller version of BBB
by pushing chunks of the original
legislation. However, Senate Democrats
have not put a hard timeline on when
they’ll be able to reach any agreement.

S. 29 / H.R.
2008
Sen. Amy Klobuchar (DMN) / Rep. Angie Craig
(D-MN)
Local Water Protection Act
A bill to amend the
Federal Water Pollution Control Act
to reauthorize certain programs
relating to nonpoint source
The Senate legislation was introduced
on January 22, 2021 and referred to the
Committee on Environment and Public
Works.

management, and for other
purposes.

The legislation in the House was
introduced on March 18, 2021 and
passed the House under suspension of
the rules on June 15.

H.R 1563 Rep. Mike Garcia (R-CA)
To extend the authorities under the
Water Infrastructure
Improvements for the Nation Act of
2016 providing operational
flexibility, drought relief, and other
benefits to
the State of California
The legislation would extend the
authorities under the Water
Infrastructure Improvements for the
Nation Act of 2016 providing
operational flexibility, drought relief,
and other benefits to the State of
California. The legislation would
extend 4007 authorities through
January 1, 2028.

The legislation was introduced on
March 3, 2021 and was referred to the
House Committees on Natural
Resources and Science, Space, and
Technology.

H.R.2238
Sen. Jeff Merkley (D-OR) /
Rep. Alan Lowenthal (DCA)
Break Free from Plastic Pollutions
Act
The comprehensive legislation would
require corporations to take
responsibility for pollution,
incentivize corporations to make
reusable products and items that can
be recycled, create a nationwide
beverage container refund program,
and other items to promote recycling
and other investments in U.S.
domestic recycling.

The legislation was introduced on
March 25, 2021 and referred to the
House Committees on Energy and
Commerce, Ways and Means,
Transportation, and Foreign Affairs.

H.R 866 Rep. Ken Calvert (R-CA) FISH Act
This bill gives the Fish and Wildlife
Service (FWS) the sole authority to
protect endangered or threatened
species that are anadromous species
(species of fish that spawn in fresh or
estuarine waters and that migrate to
ocean waters) or catadromous
species (species of fish that spawn in
ocean waters and migrate to fresh
waters). Currently, the FWS shares
this authority with the National
Marine Fisheries Service.

The legislation was introduced on
February 5, 2021 and referred to the
House Committee on Natural
Resources.

H.R. 1015 Rep. Grace Napolitano
(D-CA)
Water Recycling Investment and
Improvement Act
This bill makes permanent, and
otherwise revises, the Bureau of
Reclamation's grant program for the
funding of water recycling and reuse
projects. Specifically, the bill removes
priority under the program for
projects in areas that, in the
preceding four-year period, have
been (1) identified as experiencing
severe, extreme, or exceptional
drought; or (2) designated as a
disaster area by a state. Additionally,
the bill increases through FY2025 the
authorization of appropriations for
the program and otherwise revises
provisions related to program
funding.

The legislation was introduced on
February 11, 2021 and referred to the
House Committee on Natural
Resources.

H.R.1881 Rep. John Garamendi (DCA)
To amend the Federal Water
Pollution Control Act with respect to
permitting terms, and for other
purposes.

The legislation would extend permit
terms for publicly owned water
infrastructure projects under the
National Pollutant
Discharge Elimination System
(NPDES) from 5 years to a maximum
of 10 years.

The legislation was introduced on
March 12, 2021 and referred to the
Committee on Transportation and
Infrastructure.

H.R. 737 Rep. David Valadao (RCA) RENEW WIIN Act
The legislation would extend the
authorities under the Water
Infrastructure Improvements for the
Nation Act of 2016 providing
operational flexibility, drought relief,
and other benefits to the State of
California.

The legislation was introduced on
February 2, 2021 and referred the
House Committee on Natural
Resources.
10 members of the California
delegation have cosponsored the
legislation.

S.91 /
H.R.535
Sen. Krysten Sinema (DAZ) / Rep. John
Garamendi (D-CA)
Special Districts Provide Essential
Services Act
The legislation would include special
districts in the coronavirus relief fund
and direct the Secretary of the
Treasury to include special districts as
an eligible issuer under the Municipal
Liquidity Facility.

The legislation was introduced on
January 28, 2021, in both the House
and Senate. It has been referred to
relevant committees in both chambers.

H.R. 895 / S.
209
Rep. David Rouzer (R-NC)
/ Sen. Jeanne Shaheen
(D-NH)
Emergency Assistance for Rural
Water Systems Act
To provide for assistance to rural
water, wastewater, and waste
disposal systems affected by the
COVID-19 pandemic, and for other
purposes.

The legislation in the House was
introduced on February 5, 2021 and
referred to the House Committee on
Agriculture.

The Senate version of the legislation
was introduced on February 3, 2021
and referred to the Senate Committee
on Agriculture.

H.R. 2515 Rep. Garret Graves (R-LA)
Building U.S. Infrastructure through
Limited Delays and Efficient Reviews
(BUILDER) Act
The legislation modernizes the
National Environmental Policy Act
(NEPA) and aims to make
infrastructure project reviews more
efficient, reduce project costs, and
spur economic recovery.

The legislation was introduced on April
14, 2021 and was referred to the House
Committee on Natural Resources.

The legislation's 46 cosponsors are all
Republican, including members of GOP
leadership.

H.R. 939 Rep. Doug LaMalfa (R-CA) Combustion Avoidance along Rural Roads (CARR) Act
The bill exempts wildfire mitigation
activities conducted within 300 feet
of a road from all laws governing
environmental review of proposed
agency actions or protection of
endangered or threatened species.

The legislation was introduced on
February 8, 2021 and was referred to
the House Committees on Natural
Resources and Agriculture.

H.R.3267 Rep. Brendan Boyle (DPA)
Protect Drinking Water from PFAS
Act
The bill amends the Safe Drinking
Water Act to require the
Administrator of the Environmental
Protection Agency to publish a
maximum contaminant level goal and
promulgate a national primary
drinking water regulation for total
per- and polyfluoroalkyl substances.

The legislation was introduced on May
17, 2021 and referred to the House
Committee on Energy and Commerce.

H.R. 1512 Rep. Frank Pallone (D-NJ)
The Climate Leadership and
Environmental Action for our
Nation’s Future (CLEAN) Act
The legislation aims to achieve net
zero greenhouse gas pollution,
combat the climate crisis, and create
jobs. The bill authorizes $565 billion
over ten years to enable deep
decarbonization.

The legislation was introduced on
March 2, 2021 and referred to the
relevant committees.

S. 953 Sen. Ron Wyden (D-OR) Water for Conservation and Farming Act
The legislation would create a Bureau
of Reclamation fund of $300 million
to support water recycling projects,
water-use efficiency projects and
dam safety projects; the
WaterSMART program to increase
water supply reliability by funding
infrastructure and conservation
projects that conserves water,
increases water use efficiency and
improves the condition of natural
water recharge infrastructure;
Establishes a grant program for any
Reclamation States, Tribes, nonprofit
conservation organizations, irrigation
or water districts, and regional and
local authorities to complete habitat
restoration projects that improve
watershed health and mitigate
climate change; among other actions.

The legislation was introduced on
March 24, 2021 and referred to the
Committee on Energy and Natural
Resources.

H.R.3293 Rep. Lisa Blunt Rochester
(D-DE)
Low-Income Water Customer
Assistance Programs Act
The legislation would amend the Safe
Drinking Water Act and the Federal
Water Pollution Control Act to
establish programs to assist lowincome households in maintaining access to drinking water and
wastewater services.

The legislation was introduced on May
18, 2021 and referred to the relevant
committees. The legislation has passed
out of the House Energy and
Commerce Committee by a vote of 32-
24 and now moves on to consideration
on the House floor.

H.R. 3286 Rep. Raul Ruiz (D-CA)
Emergency Order Assurance, Safety,
and Inspection of water Systems
(Emergency OASIS Act)
The legislation would require the EPA
to establish regulations to flush a
drinking water system if
contaminants were present in the
system for longer than six months, or
if water stood motionless in the
system for longer than six months.

The legislation was introduced on May
17, 2021 and referred to the House
Committee on Energy and Commerce.

H.R. 3622 /
S. 1907
Rep. Chris Pappas (D-NH)
/ Sen. Kirsten Gillibrand
(D-NY)
Clean Water Standards for PFAS Act
The legislation would require the
Administrator of the Environmental
Protection Agency to develop effluent
limitations guidelines and standards
and water quality criteria for PFAS
under the Federal Water Pollution
Control Act, to provide Federal grants
to publicly owned treatment works to
implement such guidelines and
standards
The legislation was introduced in the
House on May 28, 2021, and in the
Senate on May 27, 2021.

The legislation in the House is
bipartisan.

S. 2168 Sen. Mike Braun (R-IN) Define WOTUS Act
The legislation would amend the
Federal Water Pollution Control Act
to modify the definition of navigable
waters, and to make the definition of
the "waters of the United States"
permanent.

The legislation was introduced on June
22, 2021 and referred to the
Committee on Environment and Public
Works. It was introduced in response to
the EPA's announcement earlier in June
of its intent to rewrite the Navigable
Waters Protection rule.

H.R. 3814 /
S. 717
Rep. Liz Cheney (R-WY) /
Sen. Mike Lee (R-UT)
Undoing NEPA’s Substantial Harm by
Advancing Concepts that Kickstart
the Liberation of the Economy Act
(UNSHACKLE Act)
The legislation combines the
following five stand-alone NEPA
reform bills on agency process, state
expansion, legal changes, and data
reporting into one comprehensive
text.
- NEPA Agency Process Accountability
Act
- NEPA Accountability and
Enforcement Act
- NEPA State Assignment Expansion
Act
- NEPA Legal Reform Act
- NEPA Data Transparency Act
The Senate legislation was introduced
on March 11, 2021 and referred to the
Committee on Environment and Public
Works.

The House legislation was introduced
on June 11, 2021 and referred to the
House Committees on Natural
Resources; Judiciary; Transportation
and Infrastructure; and Energy and
Commerce.

H.R. 1352 Rep. Brenda Lawrence (DMI)
Water Affordability, Transparency,
Equity, and Reliability Act of 2021
The bill would create a trust fund to
support drinking water and clean
water infrastructure. Additionally, the
bill provides $34.85 billion a year to
drinking water and wastewater
improvements; creates a water trust
fund; creates up to nearly 1 million
jobs across the economy and protect
American workers; prioritizes
disadvantaged communities with
grants and additional support;
expands funding for technical
assistance to small, rural, and
indigenous communities; funds
projects to address water
contamination from PFAS; requires
US EPA to study water affordability,
shutoffs, discrimination, and civil
rights violations by water providers;
upgrades household wells and septic
systems; helps homeowners replace
lead service lines; and provides more
than $1 billion a year to update water
infrastructure in public schools.

The legislation was introduced on
February 25, 2021 and was referred to
the relevant committees.

The legislation has 86 cosponsors,
including 14 members of the California
delegation.

H.R. 4647 /
S. 2430
Rep. Jared Huffman (DCA) / Sen. Dianne
Feinstein (D-CA)
Water Conservation Rebate Tax
Parity Act
The legislation would amend federal
tax law so that homeowners wouldn’t
pay income tax on rebates from
water utilities for water conservation
and water runoff management
improvements
The House legislation was introduced
on July 22, 2021 and referred to the
House Committee on Ways and Means.

The legislation in the Senate was
introduced on July 22, 2021 and
referred to the Senate Committee on
Finance.

S.2454 Sen. Alex Padilla (D-CA) Water Reuse and Resiliency Act The legislation would authorize $1
billion over five years for the EPA’s
Pilot Program for Alternative Water
Source Projects grants program. This
is an increase from the $125 million
over five years authorized for the
program in the Drinking Water and
Wastewater Infrastructure Act passed
by the Senate in April.

The legislation was introduced on July
22, 2021 and referred to the Senate
Committee on Environment and Public
Works.

S.2567 Sen. Shelley Moore
Capito (R-WV)
Navigable Waters Protection Act of
2021
The legislation would enact into law
the Navigable Waters Protection
Rule: Definition of ‘Waters of the
United States’ as proposed by the
EPA/USACE under the Trump
administration.

The legislation was introduced on July
29, 2021 and referred to the Senate
Committee on Environment and Public
Works.

H.R.4915 Rep. Tom McClintock (RCA)
Water Supply Permitting
Coordination Act
The legislation would authorize the
Secretary of the Interior to
coordinate Federal and State
permitting processes related to the
construction of new surface water
storage projects on lands under the
jurisdiction of the Secretary of the
Interior and the Secretary of
Agriculture and to designate the
Bureau of Reclamation as the lead
agency for permit processing.

The legislation was introduced on
August 3, 2021 and referred to the
House Committee on Natural
Resources.

H.R.4979 /
S.1783
Rep. Rashida Tlaib (D-MI)
/ Rep. Jeff Merkley (DOR)
Maintaining Access to Essential
Services Act
The legislation provides $13.5 billion
in low-interest loans to public and
private water utilities, which will be
forgiven when the utility forgives
household water arrears; and
provides $13 billion in low-interest
loans to power utilities, which will be
forgiven when the utility forgives
household arrears. The legislation
also provides $13 billion in lowinterest loans to broadband utilities, which will be forgiven when the
utility forgives household arrears. The
bill Requires loan recipients to
suspend utility shutoffs and restore
any disconnected service, suspend
late fees and charges, stop the sale of
household debt to debt collectors,
stop placing or selling liens on
households due to outstanding utility
debt, and stop filing adverse reports
The legislation in the House was
introduced on August 6, 2021 and was
referred to the House Committees on
Financial Services and Ways and
Means.

The legislation in the Senate was
introduced on May 20, 2021 and was
referred to the Senate Committee on
Finance.

on households due to unpaid utility
bills to credit agencies.

H.R. 4976 Rep. Elissa Slotkin (D-MI) Ensuring PFAS Cleanup Meets or Exceeds Stringent Standards Act
The legislation directs the Secretary
of Defense to ensure that removal
and remedial actions relating to PFAS
contamination result in levels
meeting or exceeding certain
standards.

The legislation was introduced in the
House on August 6, 2021 and was
referred to the House Committees on
Armed Services, Transportation and
Infrastructure, and Energy and
Commerce.

S.2372 /
H.R.2773
Sen. Heinrich, Martin (DNM) / Representatives
Debbie Dingell (D-MI) and
Jeff Fortenberry (R-NE)
Recovering America’s Wildlife Act of
2021
The legislation would fund
conservation efforts for more than
12,000 species of wildlife and plants
in need of assistance by providing
$1.3 billion in dedicated annual
funding for proactive, on-the-ground
efforts across the country, ensure
wildlife recovery efforts will be
guided by the Congressionallymandated State Wildlife Action Plans, which identify specific strategies to
restore the populations of species of
greatest conservation need,
accelerate the recovery of 1,600 U.S.
species already listed as threatened
or endangered under the Endangered
Species Act, and include
improvements to ensure funds are
appropriately targeted to the areas of
greatest need and facilitate additional
investments in protecting at-risk
plant species.

In the Senate, RAWA also directs fees
and penalties assessed for
The legislation was introduced on July
15, 2021 and referred to the
Committee on Environment and Public
Works.

The House bill was introduced on April

22. The House Natural Resources
Subcommittee on Water, Oceans, and
Wildlife held a hearing on the
legislation on July 29, 2021. On January
19, the legislation passed out of the
House Natural Resources Committee by
a vote of 29-15 and now moves on to
consideration on the House floor.

environmental violations to help fund
RAWA, using fee and penalty
amounts that aren’t already targeted
for existing environmental funds.

H.R.4602 Rep. Alan Lowenthal (DCA) WIPPES Act
The legislation would direct the
Federal Trade Commission to issue
regulations requiring certain products
to have “Do Not Flush” labeling
The legislation was introduced on July
21st and referred to the Committee on
Energy and Commerce.

Rep. Lowenthal introduced the standalone bill after introducing a similar amendment to the House’s
infrastructure bill.

S. 2806 /
H.R. 3534
Sen. Dianne Feinstein (DCA) / Rep. Jimmy Panetta
(D-CA)
Wildfire Emergency Act of 2021
Amongst other things, the legislation
authorizes $250 million over 5 years
for up to 20 Forest Service projects of
100,000 acres or greater; Establish a
new $100 million grant program to
assist critical facilities like hospitals
and police stations become more
energy efficient and better adapted
to function during power shutoffs;
Establishes one or more Prescribed
Fire Centers to coordinate research
and training of foresters and forest
managers in the western United
States in the latest methods and
innovations in prescribed fire
(controlled burns) practices.

The Senate legislation was introduced
on September 22 and referred to the
Committee on Energy and Natural
Resources.

The House bill was introduced on May
25, 2021 and was referred to the
Subcommittee on Conservation and
Forestry.

S. 3011 /
H.R. 5735
Sen. John Cornyn (R-TX) /
Rep. Dusty Johnson (RSD)
State, Local, Tribal, and Territorial
Fiscal Recovery, Infrastructure, and
Disaster Relief Flexibility Act
The legislation provides additional
flexibility for States, Tribes, and units
of local government to spend their
allocations of the COVID Relief Funds
on certain infrastructure projects,
including water, wastewater, and
broadband infrastructure projects.

The bill also allows these funds to be
used to provide emergency relief
from natural disasters. There is a
cap—the greater of $10 million or
30% of the funds—on how much of
the COVID money can be spent on
these new purposes.

The legislation was introduced on
October 19, 2021 and passed the
Senate by unanimous consent that day.

Senator Alex Padilla (D-CA) is an
original cosponsor of the legislation.

The act was introduced in the House on
October 26 and referred to the House
Committee on Oversight and Reform.

H.R. 6461 /
S. 3531
Rep. Scott Peters (D-CA) /
Sen. Chris Coons (D-DE)
National Climate Adaptation and
Resilience Strategy Act
The legislation creates a Chief
Resilience Officer, among other
positions, that will assist the
President to streamline the federal
response to climate hazards that
threaten human health, safety, and
critical infrastructure.

The act also calls for a Climate
Adaptation and Resilience Strategy
that outlines the federal
government’s response to climate
hazards such as sea level rise,
drought, biodiversity loss, and coastal
bank erosion.

The legislation was introduced in the
House on January 20, 2022 and
referred to the Committee on Energy
and Commerce.

The legislation was introduced in the
Senate on January 20, 2022, read twice,
and referred to the Committee on
Homeland Security and Government
Affairs.

H.R. 6396 Rep. Earl Blumenauer (DOR) Climate RESILIENCE Act The act amends FEMA's disaster
definition to include extreme
temperature events, like heat waves
and freezes; changes FEMA's
definitions and cost share eligibility
requirements for disadvantaged
communities and underserved
communities; includes a focus on
resiliency planning and investments;
The legislation was introduced in the
House on January 13, 2022 and
referred to the Committee on
Transportation and Infrastructure.

The legislation has 32 cosponsors,
including 8 members of the California
delegation.

provides both financial and nonfinancial technical assistance for hazard mitigation planning, as well as
for grant applications for small
impoverished and disadvantaged
communities; and expands PreDisaster Mitigation Assistance funding to address FEMA’s
oversubscription issues.

Enacted Legislation (Removed after 2 months)
H.R.6119 Rep. Rosa DeLauro (D-CT) Further Extending Government Funding Act
This continuing resolution funds the
government through February 18, 2022
at the FY21 enacted levels. It is the
second continuing resolution enacted
for fiscal year 2022 since none of the 12
annual appropriations bills have been
enacted by Congress.

The legislation was passed by both
the House and Senate on December
2, 2021 and signed into law on
December 3, 2021.

S.J.Res.33 Sen. Chuck Schumer (DNY)
A Joint Resolution Relating to
Increasing the Debt Limit
This resolution increased the debt
ceiling by $2.5 trillion, which lawmakers
hope will allow the government to
finance its debts through at least early
2023.

The legislation was introduced and
passed the Senate on December 14,
2021. It passed the House the
following day.

President Biden signed the joint
resolution on December 16, 2021.

Legislation previously listed that was fully or partially incorporated into the Infrastructure Investments and Jobs Act (bipartisan infrastructure deal). Due to its full and/or partial inclusion in the bipartisan infrastructure deal, the stand-alone bill is unlikely to see further action in the House in its current form.

H.R.4099 Rep. Grace Napolitano
(D-CA)
Large Scale Water Recycling Project
Investment Act
Created a competitive grant program
for large-scale water recycling and reuse
projects. Large-scale water recycling
projects are those estimated to cost
$500 million or greater. $750 million
would be authorized over 5 fiscal years
beginning in FY23.

The legislation was introduced on
June 23, 2021 and referred to the
Committee on Natural Resources.

The Water Subcommittee held a
hearing on the legislation on
Tuesday, June 29, 2021.

The House Natural Resources
Subcommittee on Water, Oceans,

and Wildlife held a hearing on the
legislation on June 29, 2021.

Provisions of this legislation were
incorporated in the Infrastructure
Investments and Jobs Act
(bipartisan infrastructure bill).

H.R.1915
Rep. Peter DeFazio (DOR) / Rep. Grace
Napolitano (D-CA)
Water Quality Protection and Job
Creation Act of 2021
The legislation would reauthorize the
Alternative Water Source Grants Pilot
Program, which authorizes the U.S.

Environmental Protection Agency to
grant up to $200 million per year to
state, interstate, and intrastate water
resource development agencies to
engineer, design, construct, and test
water reuse projects throughout the
country.

The legislation was introduced on
March 16, 2021.

The Committee on Transportation
and Infrastructure held a mark-up
session on June 9-10th and the
legislation was passed out of
committee on June 10th by a vote of
42-25.

Provisions of this legislation were
incorporated in the Infrastructure
Investments and Jobs Act
(bipartisan infrastructure bill).

S.914 Sen. Tammy Duckworth
(D-IL)
Drinking Water and Wastewater
Infrastructure Act of 2021
Authorizes more than $35 billion for
water resource development projects
across the country with a focus on
upgrading aging infrastructure,
addressing the threat of climate change,
investing in new technologies, and
aiding marginalized communities.

The legislation was introduced on
March 23, 2021 and referred to the
Senate Environment and Public
Works Committee.

The legislation passed the Senate on
April 29, 2021, by a vote of 89-2.

Elements of this legislation were
incorporated into the Infrastructure
Investments and Jobs Act
(bipartisan infrastructure bill),
though with a reduced
authorization for the Drinking and
Clean Water State Revolving Funds.

H.R.3291 Rep. Paul Tonko (D-NY) AQUA Act
The legislation would invest $105 billion
over 10 years in the nation's water
systems including $53 billion for the
Drinking Water State Revolving Fund,
$45 billion to fully replace every lead
service line, and $5 billion to aid
The legislation was introduced on
May 18, 2021 and referred to the
House Committee on Energy and
Commerce.

Elements of this legislation were

systems with PFAS contamination.

Additionally, the legislation would
require the EPA to set national
standards for PFAS, 1,4-dioxane, and
microcystin toxin, and makes it easier
for EPA to set standards in the future.

The bill would authorize $4 billion
emergency relief program to provide
forgiveness for utility customers facing
debts and unpaid fees since March 1,
2020.
incorporated into the Infrastructure
Investments and Jobs Act
(bipartisan infrastructure bill),
though with a reduced
authorization for the Drinking and
Clean Water State Revolving Funds.

The standards provisions were not
incorporated into the bipartisan
infrastructure bill.

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 22 2022
SUBJECT: Purchase of Property for MBTA (Morongo Basin Transit Agency).

RECOMMENDATION:

The City Council authorize the City Manager to negotiate and execute purchase and sale agreements for a property in furtherance of the MBTA ultimate Transfer Station for $60,000 plus customary closing costs.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Purchase and Sale Agreement
(PSA)
BACKGROUND:

The City is considering acquiring certain properties for the purpose of accommodating public parking and transit center improvements in the City’s downtown (the “Project”). California Government Code Section 65402 requires that a local agency’s planning agency review and report upon whether a proposed acquisition of real property is consistent with the jurisdiction’s adopted General Plan. The properties under consideration are:

APN Record Owner Site Address / Location
0617-104-06 Chesler Irrevocable Trust 1998 Split Rock Avenue 0617-104-07 Chesler Irrevocable Trust 1998 Split Rock Avenue 0617-104-08 Chesler Irrevocable Trust 1998 Split Rock Avenue 0617-104-09 Chesler Irrevocable Trust 1998 Split Rock Avenue 0617-104-16 David A. Reames 6536-38 Desert Queen Avenue 0617-104-17 Chesler Irrevocable Trust 1998 Desert Queen Avenue

The Planning Commission did determine these acquisitions are consistent with the General Plan. The City is a member agency of the MBTA, and is the lead agency for the acquisitions of the above properties. The Reames property is the first property now acquired.

ENVIRONMENTAL:

The environmental impacts associated with the Project have been adequately reviewed under CEQA. The Project is exempt from CEQA under Guidelines Section 15332, In-Fill Development Projects. The Project site consists of approximately 1.45 acres, located in the urbanized downtown area; the action will have no effect on the Project site’s General Plan or Zoning designations; and the action will have no effect on protected species, traffic, noise, air quality or water.

ALTERNATIVES:

The City Council could choose not to go forward with the land acquisition or provide other direction.

FISCAL IMPACT:

The City will seek reimbursement from the MBTA for the transaction.

+

CALIFORNIA

RESIDENTIAL PURCHASE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
(C.A.R. Form RPA-CA, Revised 12l18)
Date Prepared : 1 2/9/2021

1. OFFER:

A. THIS lS AN OFFER FROM City of Twentynine Palms ("Buyer").

B. THE REAL PROPERTY to be acquired is 6536_pes94!1Qu994y\uelr,teJyeqjyqine lalms, rQA 9]277 , situated in IwenAlLne?elEe (Ctty), San Bemardinq (County), Califomia, 9227L (Zip Code), Assessols Parcel No. Qi17:19+1L ("Proper$).

C. THE PURCHASE PRICE offered is Sxfy Thousand
Dollqrs $ 60p,90,00

CALIFORNIA

AS SOC I AT ION
OF REALTORS*'
D. CLOSE OF ESCROW shall occur on
E. Buyer and Seller are referred to herein as the

2. AGENCY:

RPA-CA REVTSED 12l'18 (PAGE 1 OF',l
F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of to be deposited vyi(fr Escrow Holder pursuant to Escrow Holder instructions.

G. PURCHASE IIR{CE (TOTAL):

Buyer'slnitials ( V ) ( )
O 1991-20'18. California Association of REALTORS@, lnc.

Brokers are
(date)(or X
not Parties to this Agreement.
30 DaysAfterAcceptance).

A. DISCLOSURE: The Parties each acknowledge receipt of a X "Disclosure Regarding Real Estate Agency Relationships" (C.A.R.

Form AD).

B. CONFIRMATION; The following agency relationships are confirmed for this transaction:

Seller's Brokerage Firm NlA License Number
ls the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller's Agent License Number
ls (check one): the Seller's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm License Number
ls the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Buyer's Agent License Number
ls (check one): the Buyer's Agent. (salesperson or broker associate) I Ootfr tne Buyer's and Seller's Agent. (dual agent) C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).

3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder.

A. INITIALDEPOSIT:Depositshall beintheamountof..... ..... $ 6,000.00 (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, cashieis check, personal check, other within 3 business days after Acceptance (or
OR (2) Buyer Deposit with Agent: Buyer has given the deposit by personal check (or ) to the agent submitting the offer (or to ), made payable to The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ).

Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broke/s trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of . . . . . . . . . $ Hllil r"*"3?n?"tYiliT:l$T.f:ses in il1E Asreement, they arso asreelo inmrporate ,n" ino"..] deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder.

C. X ALL CASH OFFER: No loan is needed to purchase the Propefi. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction lS ATTACHED to this offer or Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification.

D. LOAN(S):
(1) FIRST LOAN: in the amount of . . . . . $
This loan will be conventional financing OR FHA, VA, Seller financing (C.A.R. Form SFA), assumed financing (C.A.R. Form AFA), Other . This loan shall be at a fixed rate not to exceed o/o ot, an adjustable rate loan with initial rate not to exceed Yo.

Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (21 SECONDLOANintheamountof..... ........ $
This loan will be conventional financing OR Seller financing (C.A.R. Form SFA), assumed financing (C.A.R. Form AFAI Other . This loan shall be at a fixed rate not to exceed % or, an adjustable rate loan with initial rate not to exceed %.

Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHAA/A: For any FHA orVA loan specified in 3D(1), Buyer has 17 (or _ ) Days AfterAcceptance to Deliver to Seller written notice (C.A.R. Form FVA) of any lender-required repairs or costs that Buyer requests Seller to pay for or otheruise correct. Seller has no obligation to pay or satisfy lender requirements unless agreed in writing. A FHA /A amendatory clause (C.A.R. Form FVAC) shall be a part of this Agreement.

E. ADDITIONAL FINANCING TERMS:
_)
b
$
54,000.00
60,000.00 (-K )(

DENTIAL PURCHASE AGREE
ziplorm 18575 Jamboree Road,9th Floor lrline, CA 92612
Rutd Tucker Produced with Lone Wolf Transactions (zipFom Edition) 231 Shearson Cr Phone: 714 641-5100 Fax: 714 54G9035 City ofTwenty
Ontario, Canada N1T 1J5 w.lwolf.com
Seller's lnitials
1 6

P roperty Address : 6 536 D9s94!1Qy991ry4v94 u e, 92277 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. ( Veriflcation attached.) l. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or X is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specifled in paragraph 148(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance.

J. LOAN TERMS:
(1) LOAN APPLICATIONS: Within 3 (or ) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. lf any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. ( Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. lf there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otheruise quallfied for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement.
(3) LOAN CONTTNGENCY REMOVAL:

Wthin 21 (or ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing, remove the loan contingency or cancel this Agreement. lf there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency.
(4) X NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. lf Buyer does not obtain the loan and as a result does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyeis lender. lf the total credit allowed by Buyeis lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.

K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of flnancing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning flnancing. Buyer shall pursue the financing specifled in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.

4. SALE OF BUYER'S PROPERTY:

A. This Agreement and Buyeds ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer.

OR B. This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP).

5. ADDENDA AND ADVISORIES:

A. ADDENDA: Addendum # (C.A.R. Form ADM)
Court Confirmation Addendum td.n.nform CCnl
Form SWPI)
Back Up Offer Addendum (C.A.R. Form BUO)
Septic, Well and Property [\ilonument Addendum (C.A.R.
[ ]Short Sale Addendum (C.A.R. Form SSA)
B. BUYER AND SELLER ADVISORIES:

Probate Advisory (C.A.R. Form PA)
Trust Advisory (C.A.R. Form TA)
X Other See Attached Addendum No.1
X Buver's lnspectiQn A{viqqty (C.A.R. EprryBlAL
Statewide Buyer and Seller Advisory (C.A.R. Form SBSA)
REO Advisory (C.A.R. Form REO)
Short Sale lnformation and Advisory (C.A.R. Form SSIA) Other

6. OTHER TERMS: (1) Offer contingent upon City Council approval; (2) title to be clear at closing; and (3) property to be delivered free of tenant and debris.

7. ALLOCATION OF COSTS
A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report.
(1) X Buyer Seller shall pay for a natural hazardzone disclosure report, including tax-environmental Other:
prepared by Fidelity National Title
(21 Buyer Seller shall pay for the following Report
prepared by (3) Buyer Seller shall
prepared by
B. GOVERNMENT REQUIRE
(1) Buyer I Seller shall pay for smoke alarm and carbon monoxide device installation and water heater pay for the following Report
MENTS AND RETROFIT:
bracing, if required by
Law. Prior to Close Of Escrow ("COE'), Seller shall provide Buyer written statement(s) of compliance accordance with state and local fw, unless Seller is exempt.

Buyer'slnitials ( Y )(-- ) Seller'slnitials ( }/<-)
RPA-CA REVISED 12118 (PAGE 2 OF 10)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA.CA PAGE 2 OF 1O) ProducedwithLoneWolfTransactions(zipFomEdition) 231 ShearsonCrCambridge,Ontario,CanadaNlTlJ5 w.lwdtmm in
Cify ofTwenty
Palms. Date: lA9/2021

Property Address: qq36 Desert Qqeq4 Avenlre, Twenvtj1e EqDe, Q4 92?71 Dale !49/2021 (2) (i) -Buyer Sellershall pay the cost of compliance with any other minimum mandatory government inspections and reports if required as a condition of closing escrow under any Law. (ii) Buyer Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Propedy.

C. ESCROW AND TITLE:
"'l;1i.3,ffi ;"i""J'3[][",']'El!i["[ji,iai*,;
(c) The Parties shall, within 5 (or ) Days After receipt, sign and return Escrow Holdeas general provisions. (2) (a) X Buyer Seller shall pay for owner's title insurance policy specified in paragraph 13E (b) Owneis title policy to be issued by Fr'derify Na!!944 Tige (Buyer shall pay for any title insurance policy insuring Buyeis lender, unless otherwise agreed in writing.) D. OTHER COSTS:
('l ) X Buyer Seller shall pay County transfer tax or fee (21 Buyer Seller shall pay City transfer tax or fee (3) Buyer _ Seller shall pay Homeowne.s' Association ("HOA") transfer fee (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code 54525. (5) Buyer Seller shall pay HOA fees for preparing all documents other than those required by Civil Code 54525. (6) Buyer to pay for any HOA certiflcation fee.
121 ]euyer Seller shall pay for any private transfer fee (8) Buyer Seller shall pay for (9) Buyer _ Seller shall pay for (10) Buyer Seller shall pay for the cost, noato;xaeed $ , of a standaro (or upgraded) one-year home warranty plan, issued by , with the
following opt'onal coverages: Air Condttioner PooliSpa Other Buyer is rnformed that home warranty Dlans have many o[tionat coveriges in addition to those |sted above. Buyer ts advised to investigate these coverages to determine those that may be suitable for Buyer.

ORX Buyer waives the purchase of a home warranty plan. Nothing in this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement.

8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE;
A. NOTE TO BUYER AND SELLER: ltems listed as included or excluded in the IVLS, flyers or marketing materials are not included in the purchase price or excluded ffom the sale unless specified in paragraph 8 B or C.

B. ITEMS INCLUDED lN SALE: Except as otherwise specifled ordisclosed, (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, freplace inse*s, gas logs and grates, solar power systems, built.in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote mntrols, mailbox, in{round landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security systems/alarms and the following if checked all stove(s), except ; all refrigerator(s) except : allwashe(s) and dryer(s). except (3) The following additional items:
(4) Exislng integrated phone and honre automatio.r systems including necessary components such as intranet and lnternetconnected hardware or devices, control units (other than nondedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are ( are NOT) included in the sale. (5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 144, (i) disclose to Buyer if any item or system specified in paragraph 88 or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property sublect to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 148 and C. (6) Seller represents that all items included in the purchase price, unless otheMise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 8B(5) and c. rrenrrs ixcr-uoED FRoM sALE: unress otn",,,i""
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components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured to the Property for earthquake purposesi and (iii)
. Brackets attached to walls, floors or ceilings for any such component, furniture or item shall remain with the Property (or will be removed and holes or other damage shall be repaired, but not painted).

9. CLOSING AND POSSESSION:

A. Buyer intends (or t does not intend) to occupy the Property as Buyer's primary .esidence.

B. Seller-occupied pr vacant properly: Possession shall be delivered to Euyer: (j) at 6 Pir or ( ALI/ Of Escrow: tr)./nolaterthan calendar days after Close Of Escrow; or(jii) at fnnll enllon Buyer's lnrtrals 1 fy )( ) Settets lniriats flfaf f
RPA-CA REV|SEDt2/18 (PAGE 3 OF 10)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 1O) P.oduced w th Lone Woll Transaci ons (2 pForm EdiIon) 23i Shearson Cr. Cambndqe Onlano. Canada N 1T 1J5 ww.lwof com P[.I) on the date of Close
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Property Address: 6536 Desert Queen Avenue, Twentynine Palms, CA 92277 DaIe 12/9/2021 C. Seller remaining in possession After Close Ol Escrow: lfSellerhasthe right to remain in possession after Close Of Escrow, {i) the Parties are advised to sign a separale occupancy agreement such as C.A.R. Form SIP, for Seller continued occupancy of less than 30 days, C.A.R. Form RLAS for Seller continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyeis loan.

D. Tenant-occupied property: Property shall be vacant at least 5 (or ) Days Prior to Close Of Escrow, unless otheMise agreed in writing. Note to Seller: lf you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be in breach of this Agreement.

OR Tenant to remain in possession (C.A.R. Form TIP).

E. At Close Of Escrowi Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties F- At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and lnternet-connected devices included in the purchase pice, and garage door openers. lf the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ('HOA") to obtain keys to accessible HOA facilities.

10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:

A. (1) Seller shall, within the time specified in paragraph 14,A, Deliver to Buyer: (i) ii required by Law, a fully completed: Federal LeadBased Paint Disclosures (C.A.R. Form FLD) and pamphlet ("Lead Disclosures"); and (ii) unless exempt, fully completed disclosures or notices required by sections 1'102 et. seq. and '1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer DisclosLrre Statement ("TDS"), Natural Hazard D sclosure Statement ('NHD"), notice or actual knowledge of release of illegal conkolled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Comrnunity Facilities Act of 1982 and lmprovement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Seller's Agent, if any, has completed and signed the Selle/s Brokerage Firm section(s), or, if applicable, an Agent Visual lnspection Disclosure (C-A.R. Form AVID). Nothing stated herein relieves a Buyeis Brokerage Firm, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section lV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buye/s Brokerage Firm.
(3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. (4) Within the time specified in paragraph 144, (i) Seller, unless exempt from the obligaton to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (C.A.R. Form SPO); (ii) if Seller is not required to provide a TDS, Seller shall cornplete and provide Buyer with an Exempt Seller Disclosure (C.A.R. Form ESD). (5) Buyer shall, within the time specified in paragraph 148(1) return Signed copies ofthe Statutory, Lead and other disctosures to Seller.
(6) ln the event Seller or Selleis Brokerage Firm, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any mateial inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and malerial inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1 ), or subsequent or amended d isclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, or by an eleckonic record saUsfying the Ljnifom Electronic Transactions Act (UEIA), by giving written notice of cancellation to Seller or Seller's agent.

B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnalre), environmental hazards booklet, and horl1e energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (lnundation) Area; Very High Fire Hazatd Zone State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazatd Zone: and (iii) disclose any other zone as required by Law and provide any other information required for those zones.

C. WITHHoLDING TAXES: Within the time specified in paragraph 144, to avoid required withholding, Seller shatl Detiver to Buyer or q!alified substitute, an affldavit sufficient to comply wlth federal (FIRPTA) and California withholding Law (C.A R. Form AS or QS).

D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specifled registered sex offenders is made available to the public via an lntemet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offendeis criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. lf Buyer wants fudher information, Broker recommends that Buyer obtain information from this website during Buye/s inspection contingency period. Brokers do not have expertise in this area.) E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines js available to the public via the National Pipeline Mapping System (NPMS) lnternet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipellne operators is searchable by ZIP Code and county on the NP[,1S lnternet Web site.

F, CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) SELLER H4S: 7 (or ) Days After Acceptance to drsclose to Buyer if the Property is a condom,nium. or is planned develoy'ment or other common interest subdivision (C.A.R. Form SPQ or ESD). /
Buye/s lnilials ( I ) ( ) Se eds lnitials ( Df< ) ( )
located in a
RPA-CA REVTSED 12l18 (PAGE 4 OF 10)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA.CA PAGE 4 OF 1O) Prodlcedwth Lo.e wofT6nsactons (zrpFom Edllo.)231 ShearsonCr. Cambndge, O.rano, CanadaN1T 1J5 V@lwotrcom

(2) lf the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or ) Days After Acceptance to request from the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAS governing the Property (collectively,'Cl Disclosures"). (vi) private transfer fees; (vii) Pet fee restrictionsi and (viii) smoking restrictions. Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Selleis possession. Buye/s approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above.

11. CONDITION OF PROPERTY: lJnless otherwise agreed in writing: (i) the Property is sold (a) "AS-|S" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buye/s lnvestigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow.

A. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNO\ /l.l i,IATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past flve years, and make any and all other disclosures required by law.

B. Buyer has the right to conduct Buyer lnvestigations of the Property and, as specified in paragraph 148, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition.

Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued.

12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:

A. Buye/s acceptance of the condition ol and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 148. \A/ithin the time specified in paragraph '148('1), Buyershall have the right, at Buyeis expense unless otheMise agreed, to conduct inspections, investigations, tests, surveys and other studies ('Buyer lnvestigations"), including, but not limited to: (i) a general physical inspection; (ii) an inspection speciflcally for wood deskoying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owne.s of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Conkol Report") showing the flndings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2); (iii) inspect for lead-based paint and other lead-based paint hazards; (iv) satisfy Buyer as to any matter specified in the attached Buyefs lnspection Advisory (C.A.R. Form BIA); (v) review the registered sex offender database; (vi) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; and (vii) review and seek approval of leases that may need to be assumed by Buyer. Wthout Sellefs prior written consent, Buyer shall neither make nor cause to be made: invasive or destructive Buyer lnvestigations, except for minimally invasive testing required to prepare a Pest Control Report; or inspections by any governmental building or zoning inspector or government employee, unless required by Law.

B. Seller shall make the Property available for all Buyer lnvestigations. Buyer shall (i) as specified in paragraph 148, complete Buyer lnvestigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such lnvestigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lighd on for Buyer's lnvestigations and througi the date possession is made available to Buyer.

D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arlsing from Buyer lnvestigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall c€rry, or Buyer shall require anyone acting on Buye/s behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer lnvestigations or work done on the Property at Buyeis direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer lnvestigations and work done on the Property at Buyeis direction. Buye/s obligations under this paragraph shall survive the termination of this Agreement.

13. TITLE AND VESTING:

A. Wthin the time specified in paragraph 14, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary Report is only an offe. by the title insurer to issue a poiicy of title insurance and may not contain every item affecting title.

Buyer's review of the Prellminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 148. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General lndex for all Sellers except banks or other institutional lendels selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of lnformation.

B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay of0 unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writingC. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whethea of record or not.

D. At Close Of Escrow, Buyer shall recejve a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), jncluding oil, mineral and water rights if currently owned by Seller. Tifle shall vest as designated in Buyer's supptemental escrow instructions. fHE MANNER OF TAKING TITLE t\,4AY HAVE SIGNIF|CANT LEGAL AND TAX CONSEOUENCES, CONSULT AN APPROPRIATE PROFESSIONAL.

E. Buyershall receive a CLTAJALTA "Homeowne/s Policy of Title lnsurance", if applicable to the type of property and buyer. lfnot, Escrow Holder shall notify Buyer. A title company can provide information about the availability, coverage, and cost of other title policies and Propefty Address. 6536 Deseft Queen Avenue, Palms cA 92277 Dale: 1 Z9/2021 and shall
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 10) ':.IJ.;iiI:' Produced with Lo.e Wolf Tcnsaciions (zipFom Ed t on) 2sl Shearson Cr Cambridge, O.tar o. Canada N I T t J5 wwlwoicom cil'orTs.nry endorsements. y the Homeowne/s Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing oav anv tncreare tn cosl
auyers tn'tiats ' 1 f )( ) Seleas tniriats ( 'Lf<- ) ( ) RPA-CA REVtSEtr't2/18 (PAGE 5 OF 10) 6

Propefty Address: 6536 Desert Queen Avenue, Twentynine Palms, CA 92277 DaIe: I ?19/2021 '14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C-A.R. Form CR or CC).

A. SELLER HAS: 7 (or ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 8B(5), 10A, B, C, and F, 114 and'13A. lf, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement.

B.(1) BUYERHAS:17(or ) Days After Acceptance, unless otherwise ag reed in writing, toi (i) complete all Buyer lnvestigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(5), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 10A.
(2) Wthin the time specified in paEgraph 14B(1), Buyer may request that Seller mak€ repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buye/s requests. (3) By the end of the time specified in paragraph 148(1) (or as otherwise specifled in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller ls responsible is not Delivered within the time specified in paragraph '144, then Buyer has 5 (or ) Days After Delivery of any such items, or the time specified in paragraph '148(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specifled in paragraph 148(1) and before Seller cancels, if at all, pursuant to paragraph 14D, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph '14D(1). (5) Access to Property: Buyer shall have acc€ss to the Property to conduct inspections and investigations fo|l7 (or ) Days After Acceptance, whether or not any part of the Buyel,s lnvestigation Contingency has been waived or removed. C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal form (C.A,R. Form CR). lf Buyer removes any contingency without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Broker.

D. SELLER RIGHT TO CANCEL:
(1) Seller right to Cancel; Buyer Contingencies: lf, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice lo Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement- ln such event, Seller shall authorize the return of Buyeis deposit, except for fees incured by Buyer.
(2) Seller right to cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agr€ement, Buyer does not take lhe following action(s): (i) Deposit funds as required by paragraph 3A, or 38 or if the funds deposited pursuant to paragraph 3,A or 38 are not good when deposited; (ii) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Fonm FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 3C or 3H; (v) In writing assume or accept leases or liens specified in 8B5; (vi) Return Statutory and Lead Disclosures as required by paragraph '10A(5); or (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by parag.aphs 38 and 218; or (viii) Provide evidence of authority to sign in a representatjve capacity as specified in paragraph 19. ln such event, Seller shall authorize the return of Buyeis deposit, except for fees incuned by Buyer.

E. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writingi (ii) be signed by the appticabte Buyer or Seller; and (iii) give the other Party at least 2 (or ) Days After Delivery (or until the time specified in the appticable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingenry or cancel this Agreement or meet an obligation specified in paragraph i4. F. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: lf Buyer removes, in writing, any contingency or cancetlation iig hts, unless otherwise specified in writing, Buye. shall conclusively be deemed to have: (i) completed all Buyer lnvestigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corections pertaining to that contingency or cancellation right, or for the inability to obtain financing.

G' CLOSE OF ESCROW; Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must flrst Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). fhe DCE shall: (i) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow.

H. EFFECT OF CANCELLATION ON DEPOSITS: lf Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual jnstructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. lf either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R- Form BDRD or SDRD).

Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Palry. lf, within 1O Days After Escrow Holde/s notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Pa.ty making the demand. lf Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute existF as to who is entitled to the deposited funds (Civil Code 51057.3). ,/ Buyels lnitials , Y, ( ) Se er's tniriats ( Df< ) ( )
RPA-CA REVTSED'12/18 (PAGE 6 OF 10)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 1O) Produced w th Lo.e Wo r T6nsactions (z pFom Edition) 231 Shearson Cr. Cambndg€, O.rano. Canada N 1T 1J5 [email protected] Cirr-orT*.ntl

Property Address: 0q36 Desert Queen Avenue, Twe4tyllne Palms, C4j 92277 Date. 12/9/2021

15. FINAL VERIFICATION OF CONDITION: Buyer shall have the righl to make a flnal verificatron of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paraqraph 1 'l; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Selle/s other obligations under this Agreement (C.A.R.

Form VP).

16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. lt is understood that exact restoration of appearance or cosrnetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.

17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WIHOUT CREDIT toward the purchase price: prorated payments on t\,'!ello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as followst (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further infonTlation). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER, Prorations shall be made based on a 30-day month.

18. BROKERS;
A. COMPENSATIoN: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specifled in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otheMise specified in the agreement between Broker and that Seller or Buyer.

B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Selter should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspectjons, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in lnvestiqation reports, l\rultiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Selleri and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 1s. REPRESENTATIVE GAPACITY: lf one or more Parties is signing this Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (C.A.R. Form RCSD). Vvherever lhe signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited toi applicable portion of the trust or Certifrcation Of Trust (Probate Code 518100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).

20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:

A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 48, 5A, 6, 7, 1OC, 13, 14G, 17,18A, .19, 20, 26, 29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. lf a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Selle/s funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or ) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement.

B' A Copy of this Agreement including any counter offe(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow
Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of lnformation to Title company when received from Seller. lf Seller delivers an affidavit to Escrow Holder to satisfy Sellefs FIRPTA obligation under paragraph lOC, Escrow Holder shall delivfr to Buyer a Qualified Substitute statement that complies with federal Law.

Buyeas lnilials a! , ( ) Se er,s tnitiats ( br(. ) (
RPA.CA REVTSED 12l18 (PAGE 7 OF.l0)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 1O) Produ@d wth Lore Ur'oLl Transecl ons (zipFom Ed tion)231 SheaBo. Cr. CambndSe. Onts.o, Canada N1T tJ5 [email protected]@m l

Property Address: qq96 gese4l?qgen Ayenue, Twentynine ?alms, CA 92277 Dale:12/9/2021 C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate BrokelS on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably inskuct Escrow Holder to disburse those funds to BrokeB at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liabilty resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.

D. Upon receipt, Escrow Holder shall provide Seller and Selle/s Broker veriflcation of Buyer's deposit of funds pursuant to paragraph 34 and 38. Once Escrow Holder becomes aware of any of the follow ng, Escrow Holder shall immediately notify all Brok;rs: (i) if Buyefs initial or any additronal deposrt or down paym6nt is not made Eursuant to this Agreement, or is nbt goo'd at time of deposit with Escrow Holder or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.

E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.

21. REMEDIES FOR BUYER'S BREACH OF CONTRACT:

A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code.
hall
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SEPAMTE TIQUIDATEB DAMAGES PROVISION NEORPORATING THE INEREASED BEPOSIT AS W BuyePs-+Ri+ials I Seleds-lriti€ls I

22. DISPUTE RESOLUTION:

A. MEDIATION: The Parties agree to mediate any dispute or claim arising bet\,,reen them out of this Agreement, or any resulting lralsacton. before resorting to arbrtration or court actior through the C.A.R. Real Estate Medation Cenler'or ConsJmera (www.consumermediation.org) or through a1y orher n eoiation provide'or service mutually agreed to by the Parttes. The Part es also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Medlation fees, if any, shall be divided equally among the Parties involved- lf, for any dispute or claim to which this paragraph applies, any Party (i) commences an action withoLit first aitempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been n'iade, then thq! Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party rn any such act on. rHlS l\,4EDlATlON PROVISlON APPLIES WHETHER OR NOTIHE ARBITRATION PROVISION lS INITIALED. Elclusi6ns lrom this mediation agreement are specified in paragraph 22C.

B. ARBITRATION OF DISPUTES:

The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure S'1283.05. ln all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having iurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. ..NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE

ARISING OUT OF THE MATTERS INCLUOED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED

BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN

THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,

UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU

MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." ..WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING

OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Buyer's Initiats U , Se e/s tnitiats br( /
C. ADDITIONAL MEDIATION AND ARBITRATION TERMS:
(1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined jn Civil Code 52985r(ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptsy^ourt.

Pry.",:.ln!lrl:
- '.('. lV )-t I Selrer's lnitials ('bR- ) ( )
RPA-CA REVTSED 12l18 (PAGE 8 OF 1o)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF IO) ProducedwlhLonewoilTransactons(2pFormEdilio.)23lshearsoncr.cambridgeontanoca.adaNlrlJS vN.wofcom cirl of rs2nry

Property Address: 6536 Desert Queen Avenue, Twentynine Palms, CA 92277 Dale129/2021 (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien.
(3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.

23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.

24. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS.

25. ATTORNEY FEES: ln any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 22A.

26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreementwithout first having obtained the sepirate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not ^_ lelgyg.B!yj1-of pgV_e{1qf_]igltl_ory pursuant to this Agreement unless otherwise agreed in writing by Seller. (C.A.R. form AOne1.

27. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and lota[ anti-discrimination Laws.

28. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. lf at least one but not all Parties initial, a counter offer is required until agreement ii reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. lf this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensalion.-This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing.

29. TIME OF ESSENCE; ENTIRE CONTRACT; CH,ANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. lts terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. lf any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance with the Laws of the State of Califomia. Neither this Agreement nor an! provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.

30. DEFINITIONS: As used in this Agreement:

A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all parties.

C. "C'A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of tifle, is iecorded. '
E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G' "Days After" means the specified number of calendar days after the occurrence ol the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 pM on the final day. H. "Days Prior" means the specifled number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. l. "Deliver", "Delivered" or "Delivery", unless otheruise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page .10, regardless of the method used (i.e., messenger, mail, email, fax, other). J' "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law.

Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other party.

K' "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, .judicial or executive body or agency. L' "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the property provided for under this Agreement.

M. "Signed" means either a handwritten or electronic signature on an original document, Copy 31 . EXPIRATION OF OFFER: This offershall be deemed revoked and the deposit, if any, shall be or any counterpart.
returned to Buyer unless the offer is Signed
by Seller and a Copy of the Signed offer is personally received by Buyer, or by who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by AIV/ PM, (date))
[ ]One or more Buyers is signing this tative capacity and not for him/herself as an individual. See attached ) for additional terms.

Date BUYER
(Print name)
-Additional Signature Addendum attached (C.A.R. Form ASA).

Seller'slnitals C D(_ I f
RPA-CA REVISED 12l18 (PAGE I OF 10)
CALIFORNIA RESIDENTTAL pURCHASE AGREEMENT (RPA-CA pAGE I OF 10) ProducedwithLoneWolfTransactions(zipFomEdition)231 ShearsonCLCsmbridge,Ontario,CanadaN1T'1J5 M.lwolf.6m on
)
City ofTwenty

Property Address: 6536 Desert Queen Avenue, Twentynine Palms, CA 92277 Dale. 12/9/2021

32. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement.

Seller accepts the above offer, and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. (lf checked) SELLER'S ACCEPTANCE lS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED:

One or more Sellers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S) for additional terms.

Date
(Print
Date
SELLER
SELLER
izltlelzt
:name)
(Print name) Dauid Reames
1 Additional Signature Addendum attached (C.A.R. Form ASA). ( _
I _ ) (Do not initial if making a counter offer.) CONFIRMATION O (lnitials) personally received by Buyer or Buyer's authorized agent on (date) at_ F ACCEPTANCE: A Copy of Signed Acceptance was
AM/ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Com pletion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acce has occurred.

REAL ESTATE BROKERS:

A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2.

9. ,I:O^"_"q,tO I pqragrap[!A{2).{gent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING (BUYER'S) BROKER COMPENSATION: Selleis Broker agrees to pay'Buyer'i Broker and Buyer's Broker agrees to accept, out of Selleis Broker's proceeds in escrow, the amount specified in the MLS, provided Buyeis Broker is a pirticipant of the MLS in which the Property is offered for sale or a reciprocal MLS. lf Seller's Broker and Buyels Broker are not both participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate writien agreement (C.A.R.

Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be re-quired or ihat an exemption exists.

E. PRESENTATIONOFOFFER:PursuanttoStandardofPracticel-T,ifBuyeisBrokermakesawrittenrequest,selleisBrokershall confirm in writing that this offer has been presented to Seller.

T, Fax
By
zip
DRE Lic. #
Address State
Buyels Brokerage Firm
DRE Lic. #
Fax
zip _
DRE Lic. #
Date
Date
DRE Lic. #
DRE Lic. # Date
_ _ DRE Lic. # Date
city
-
E-mail
By
By
Address
Telephone
Seller's Brokerage Firm
By
City
E-mail
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ESCROW HOLDER ACKNOWLEDGMENT:

Escrow Holder acknowledges receipt
counter offer numbers
Agreement, (if checked, a deposit in the amount of $
Seller's Statement of lnformation and
of a Copy of this
supprementar esirow instructioni ino the rerms of Escrow r*;rit'J:i:ffrjffi:t ::

Escrow Holder subject to paragraph 20 of this Agreement, any Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow# By Date
Address
PhonelFaxlE-mail //
Escrow Holder has the following Iicense number #
Department of Financial Protection and lnnovation, trepa,tment of lnsurance, Department of Real Estate. ),
I
PRESENTATION OF OFFER: (
) Seller's Broker presented this offer to Seller on (date).

REJECTION OF oFFER: ( ) ( ) No counter offer is being made. This offer was rejected by Seller on (date). @1991- 2018, California Association of REALTORS@, lnc.
form, or any portion thereof, by photocopy
THIS FORI\,,| HAS BEEN APPROVED BY
United States copyright law (Tifle 17 U.S. Code) forbids the unauthorized distribution, other means, including facsimile or computerized formats.

NIA ASSOCIATION OF REALTORS@ (C.A.R.). NO REPRESENTATION IS MADE machine or any

THE CALIFOR
display and reproduction of this
AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY S PECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

Published and Dlstributed by: Buyer Acknowledges that page 'lo is part of this Agreement

REAL ESTATE BUSINESS SERVICES, LLC,
a subsidiary of the CALIFORN/A ASSOCIATION OF REALTORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
RPA-CA REVISED 12l18 (PAGE 10 of 10)

OUALIFFD TO ADVISE ON REAL ESTATE Y,( )
Buyer's lnitials
CALIFORNtA RESTDENTTAL pURCHASE AGREEMENT (RPA-CA pAGE 1O OF 1O) ProducedwithLoneWolfTransactions(zipFomEdition)231 ShearsonCr.Cambridge,Ontario,CanadaNlTlJ5 \W.lwolf.com City ofTwenty Broker or Desionee lnitiaLs
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CALIFORNIA

ASSOCIATION

OF REALTORSN
BUYER'S !NSPECTION ADVISORY
(C.A.R. Form BlA, Revised 11/14)
Property Address 6536 Desert Queen Avenue, Twentynine Palms, CA 92277

1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. lf the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations.

2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. lf Broker gives you referrals to professionals, Broker does not guarantee their performance.

3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILTTY OF ALL ASPECTS OF THE PROPERTY, INCLUD!NG BUT NOT LIMITED TO THE FOLLOWNG. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.

A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and nonstructural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Propefi.

B. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries.

Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries.

C. WOOD DESTROYING PESTS: Presence ol or conditions likely to lead to the presence of wood destroying pests and organisms.

D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage.

E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS; WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airlcorne, toxic or otherwise), fungus or similar contaminants).

G. EARTHQUAKESANDFLOODING:SusceptibilityofthePropertytoearthquake/seismichazardsandpropensityofthePropertytoflood.

H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. l. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. J. RENTAL PROPERW RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whetherthey satisflT legal requirements.

K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self-latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property.

L. NEIGHBORHOOO, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properlies, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer.

By signing ge that they have read, understand, accept and have received a Copy of this Advisory Buyers
Buyer
it carefully
Buyer
City of
01991-2004, Caljfornia Association of REALTORS@, lnc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCTATTON OF REALTORS@ (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY oR ACCURACY oF ANY PRoVISIoN IN ANY SPECIFIC TRANSACTIoN. A REAL ESTATE.enoxiR Is THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the Califomia Association of REALTORS@
525 South Virgil Avenue, Los Angeles, Califomia 90020
BIA REVTSED 11/14 (PAGE 1 OF 1)

BUYER'S INSPECTION ADVISORY
t
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CALIFOI{NIA

ASSOCIATION

OF REA LTO RS,

CALIFORNIA CONSUMER PRIVACY ACT ADVISORY
(C.A.R. Form CCPA, l2l19)
As of January 1,2020, the California Consumer Privacy Act (commencing with CivilCode S 1798.100) ('CCPA') grants to California residents certain rights in their private, personal information that is collected by companies with whom they do business. Under the CCPA, "personal information" is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you, including, potentially, photographs of or sales information about your property. Some of your personal information will be collected and likely shared with others during the process of buying and selling real estate. Depending on the situation, you may have the right to "opt out" or stop the transfer of your personal information to others and request that certain businesses delete your personal information altogether. Not all businesses you interact with are required to comply with the law, primarily just those who meet the criteria of a covered "Business" as set forth in Section 1798.140 (c)1. For more information, you may ask your Broker for a copy of the C.A.R.

Legal Q&A on the subject.

A real estate broker is likely to submit personal information to a Multiple Listing Service ('MLS') in order to help find a buyer for a seller's property. Through the MLS, the information is made available to real estate brokers and salespeople, and others. Even after a sale is complete, the MLS distributes sales information to the real estate community. Brokers, agents and MLSs may also share your personal information with others who post the personal information on websites or elsewhere, or othenivise use it. Thus, there are various service providers and companies in a real estate transaction who may be engaged in using or sharing data involving your personal information. lf your broker is a covered Business, it should have a privacy policy explaining your rights on its website and giving you an opportunity to request that personal information not be shared, used and even deleted. Even if your real estate brokerage is a covered Business, it needs, and is allowed, to keep your information to effectuate a sale and, by law, is required to maintain such information for three years to comply with regulatory requirements. Not all brokers are covered Businesses, however, and those that are not, do not have to comply with the CCPA.

Similarly, most MLSs will not be considered a covered Business. lnstead, the MLS may be considered a Third Parly in the event a covered Business (ex: brokerages, real estate listing aggregation or advertising internet sites or other outlets who meet the criteria of covered Businesses) exchanges personal information with the MLS. You do not have the right under the CCPA to require a Third Party to delete your personal information. And like real estate brokerages, even if an MLS is a covered Business, MLSs are also required by law to retain and make accessible in its computer system any and all listing and other information for three years.

Whether an MLS is a covered Business or a Third Party, you have a right to be notified about the sharing of your personal information and your right to contact a covered Business to opt out of your personal information being used, or shared with Third Pafties. Since the MLSs and/or other entities receiving your personal information do not have direct contact with buyers and sellers and also may not be aware of which entities exchanging personal information are covered Businesses, this form is being used to notify you of your rights under the CCPA and your ability to direct requests to covered Businesses not to share personal information with Third Parties. One way to limit access to your personal information, is to inform your broker or salesperson you want to opt-out of the MLS, and if so, you will be asked to sign a document (Form SELM) confirming your request to keep your listing off the MLS. However, if you do so, it may be more difficult to sell your property or obtain the highest price for it because your properly will not be exposed to the greatest number of real estate licensees and others.
l/we acknowledge receipt of a a Consumer Privacy Act Advisory B uye r/Sel ler/La nd lordff e na nt
B uyer/Seller/La ndlord/Tena nt
Date
Date
o/rrpua
City of Palms
O 2019, California Association of REALTORS@, lnc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.

THIS FORI\,I HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

This form is made available to real estate professionals through an agreement with or purchase from the Califomia Association of REALTORS@. lt is not intended to identify the user as a REALTOR@. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/4IION OF REALTORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
ccPA r2l19 (PAGE 1 OF 1)
E.

CA ACT ADVISORY PA PAGE 1 F
zipform 18575 Jamborte Road,9th Floor Intne, CA 92612 Phone: 714 641-5100 Fax: 714 5469035 Rutin Tuck r Produced with Lone Wolf Transactions (zipFom Edition) 231 Shearson Cr Cambridge, Ontario, Canada N1T 1J5 w.lwolf.com City ofTNef,ty

CA L I FORNI A POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER AS soc I Ar roN oR SELLER _ DISCLOSURE AND CONSENT oF REALToRS' (c.A.R.FormPRBS,Revisedi2/18) A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations.

Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.

Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properlies may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed propedies to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.

Dual Agency: lf Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. lf Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. ln the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer's or seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the seller's willingness to accept a price less than the listing price or the buyer's willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties.

Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as cunent market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller.

Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.

Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.

Seller
Seller
Buyer
Buyer
Buyer's Brokerage Firm
By
Seller's Brokerage Firm
By
E'
David Reames Date
City of Twentynine Palms Date
Date
DRE Lic # Date
DRE Lic # Date
oate i z/
Date
Date
P//aPe,
DRE Lic #
DRE Lic #
or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY

OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

This form is made available to real estate professionals through an agreement with or purchase from the Califomia Association of REALTORS@. lt is not intended to identity the user as a REALTOR@. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATIoN of RenlfOnso who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Associatron of REALfORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
PRBS REVTSED 12t18 (PAGE 1 OF 1)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER PRBS PAGE 1 OF 1 zipfom 18575 Jamboree Road,9th Floor Inine, CA 92612 Phone: 7I4 641-5100 Faxt 7t4 5469035 RutmTucker ProduedwithLoneWolfTransactions(zipFomEdition)231 ShearsonCr.Cambridge,Ontario,CanadaNlTlJS w.lwoll@m City ofTwenty

ADDENDUM NO. 1 TO RESIDENTIAL PURCHASE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS ADDENDUM NO. 1 TO RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this"Addendum") is dated and to be effective on the same date as the Original Agreement as defined in Recital B ("Addendum Effective Date"), and is entered into by and between the CITY OF TWENTYNINE PALMS, a California municipal corporation ("Buyer"), and DAVID REAMES ("Seller").

RECIIA LS
A. Seller owns that certain real property located as 6536 Desert Queen Avenue in the City of Twentynine Palms, California (APN: 0617-104-16) (the "Properfit"). The Property has an appraised value of SIXTY THOUSAND DOLLARS ($60,000.00). This Addendum is incorporated into the Original Agreement and made a part thereof.

B. Seller and Buyer desire to enter into this Addendum to that certain Residential Purchase Agreement and Joint Escrow Instructions dated as of 2021, and the Buyer's Inspection Advisory and Disclosure Regarding Real Estate Agency Relationship attached thereto (collectively,the"Original Agreemenl"), pursuant to which Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the Property for the Purchase Price, which equals the appraised value of the Property.

C. The Original Agreement, as modified by this Addendum, shall hereinafter be collectively referred to as the "Agreemenl." Capitalized terms contained in this Addendum which are not defined shall have the meanings ascribed to them in the Original Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1. No Broker Representation. Neither Seller nor Buyer is represented by a Broker in connection with the sale of this Property. Each of Buyer and Seller agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any broker's commission in connection with the conveyance of the Propeffy arising out of agreements by the indemnifying pafty to pay any commission.

2. Seller's l03l Exchange. Buyer acknowledges that Seller may engage in a tax deferred exchange ("Seller's Exchange") pursuant to Section l 03 l of the Internal Revenue Code.

To effectuate Seller's Exchange, Seller may assign his rights in, and delegate his duties under, this Agreement, as well as transfer the Property, to any exchange accommodator which Seller shall deterrnine. As an accommodation to Seller. Buyer agrees to cooperate with Seller in connection with Seller's Exchange, including the execution of documents therefor, provided the following terms and conditions are satisfied:
2346t014t22-0044
9'73196'7.1 al2/08t21

a. There shall be no liability to Buyer and Buyer shall have no obligation to take title to any property in connection with Seller's Exchange; b. Buyer shall not be obligated to pay any escrow costs, brokerage commissions, title charges, survey costs, recording costs, or other charges incurred with respect to any exchange property, and/or Seller's Exchange;
c. The Closing shall not be contingent or otherwise subject to the consummation of Seller's Exchange;
d. If, for any reason, the Closing does not occur, Buyer shall have no responsibility or liability to any third party involved in Seller's Exchange transaction; e. Except as otherwise expressly provided in this Agreement, Buyer shall not be required to make any representations or warranties, or assume any obligations, nor spend any sum or incur any personal liability whatsoever in connection with Seller's Exchange; f. All representations, warranties, covenants, and indemnification obligations of Seller set forth in this Agreement shall not be affected or limited by Seller's use of an exchange accommodator and shall survive Seller's Exchange and shall continue to inure directly from Seller for the benefit of Buyer; and
g. Seller agrees to indemnify, protect, defend , and hold Buyer harmless from and against any and all causes of action, claims, demands, liabilities, costs, and expenses, including actual attorneys' fees and costs. incurred by Buyer in connection with any Seller's Exchange. h. Buyer makes absolutely no representations or warranties of any kind or nature (express or implied) that tax deferred exchange treatment is available to Seller with respect to Seller's Exchange, or that such a transaction will qualify in any respect for such treatment, and Buyer shall incur no liability if Seller's Exchange fails to qualify for the tax deferred treatment intended by Seller. Seller hereby acknowledges and represents to Buyer that Seller is relying solely and entirely upon the advice of Seller's own consultants with respect to any and all aspects of Seller's Exchange. Seller agrees to indemnify, protect, defend , and hold Buyer harmless from and against any and all losses, damages, liabilities, expenses, causes of action, penalties, judgments, and costs, including, without limitation, actual attorneys' fees and costs, which result from the failure of Seller's Exchange to qualify for tax deferred treatment. In no event whatsoever shall the obligations of Seller under this Agreement be contingent upon this transaction being included as part of Seller's Exchange.

3. Delivery of Additional Materials. Within five (5) days of the Addendum Effective Date, if not previously delivered to Buyer by Seller, Seller shall deliver to Buyer, in addition to all repofts and disclosures required pursuant to the Original Agreement, copies of the following documents, if any:
a. Rental and Service Aqreements: (i) All current licenses, rental agreements, leases, subleases, rights of first refusal, and other agreements pertaining to the right of use, possession andlor occupancy of the Property (or any portion thereofl) by any person or entity (collectively referred to herein as the "Leases"), (ii) all service contracts, property management 23461014t22-0044
9'737967.1 al2108/21 1

contracts, property maintenance contracts, and other agreements pertaining to the maintenance and operation of the Property (or any portion thereof) by any person or entity (collectively referred to herein as the "Propert5z Maintenance Contracts"); and (iii) a rent roll including names of tenants, rental rates, period of rental, and date of last rent increase and a list of delinquent rents and their duration if any. Seller shall also inform Buyer of any oral agreements relating to the Property.

Except as expressly disclosed under this Agreement, Seller represents and warrants that no tenant is entitled to any right ofuse or occupancy, concession, rebate, or other benefit, except as set forth in the aforementioned documents.
b. Litigation Documents. Any and all documents and materials that are not protected by any applicable privilege that relate to pending or threatened litigation, or litigation that was pending or threatened within the last eighteen ( I 8) months, involving the Property and/or Seller's ownership thereof, including but not limited to correspondence that is not privileged, complaints, court orders, settlements, and judgrnents (the "seller's Litigation Documents").

Notwithstanding the foregoing, Seller hereby represents and warrants that, as of the Addendum Effective Date, Seller is not in possession or control of any documents that fall within the definition of Seller's Litigation Documents. In the event that Seller becomes aware of any Seller's Litigation Documents, Buyer shall complete or cause to be completed the review of said litigation documents no later than the expiration of the Contingency Period (as set forth in Paragraph l8(BXl) in the Original Agreement) or five (5) business days after Seller's disclosure of said Seller's Litigation Documents, whichever is later, and Buyer shall have the right to terminate the Escrow and this Agreement if after review of the Seller's Litigation Documents the Buyer determines, in its sole and absolute discretion, that Buyer cannot or should not be obligated to assume a risk of litigation that may currently be or was pending or threatened against Seller or the Property. Buyer shall deliver to Seller written notice of its approval or disapproval on or before the expiration of the Contingency Period (as set forth in Paragraph l8(B)(l) in the Original Agreement) or five (5) business days after Seller's disclosure of said Seller's Litigation documents, whichever is later, and in the event Buyer fails to deliver said notice of approval or disapproval, Buyer shall be conclusively deemed to approve the assumption of the risk of litigation as evidenced by the Seller's Litigation Documents three (3) business days after Seller's delivery to Buyer of a written request for the assumption of said risk of litigation.

4. Buyer's Right to Approve Condition of Title/Permitted Exceptions. In addition to the Contingencies to which Buyer must approve prior to Buyer's obligation to purchase the Property, Buyer shall have the right to disapprove and have removed from title those matters to which Buyer demands to be removed as an exception to title insurance (such exceptions to title insurance shall be the "Permitted Exceptions"). Buyer shall deliver to Seller and Escrow Holder on or before the end of the Contingency Period (as set forth in Paragraph 1 8(BX I ) in the Original Agreement), subject to extensions allowable under this Agreement, the Permitted Exceptions based on the most recent preliminary title report.

5. Representations and Warranties. In addition to the representations and warranties set forth in the Original Agreement, Seller hereby makes the following representations and warranties to Buyer, each of which (i) is material and relied upon by Buyer in rnaking its determination to enter into this Agreement, (ii) is to the actual knowledge of Seller true in all respects as of the Addendum Effective Date and shall be true in all respects on the Close of Escrow. 2346/0t4122-0044
9737967.l aL2/08/21 -3-

a. Buyer has offered to purchase the Property for SIXTY THOUSAND DOLLARS ($60,000.00), the same amount for which it was appraised. Seller further acknowledges and agrees that Buyer made the offer to purchase the Property after Seller contacted Buyer and indicated his willingness to sellthe Property at the appraised price. b. Seller has full right, power, and authority to enter into this Agreement and to perform Seller's obligations hereunder. This Agreement and all other documents delivered by Seller to Buyer now or at the Close of Escrow have been or will be duly executed and delivered by Seller and are legal, valid, and binding obligations of Seller, sufficient to convey to Buyer good and marketable title to the Property, are enforceable in accordance with their respective terms, and do not violate any provision of any agreement to which Seller is a party. c. Except for those items disclosed in the Seller's Litigation Documents, and, to Seller's actual knowledge, there are no pending or threatened actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against or affecting the Property or relating to the ownership, maintenance, use or operation of the Property. d. Except for those items in the Seller's Litigation Documents, Seller has not received any notices nor, to Seller's actual knowledge, is there any violation of any laws, ordinances, rules, regulations or requirements of any governmental agency, body or subdivision affecting or relating to the Property.
e. Except for those items disclosed pursuant to the requirements of the Original Agreement, and, to Seller's actual knowledge, Seller has not caused or knowingly permitted any contamination by Hazardous Materials to occur on, at, about, or within the Property, or any portion thereof, and otherwise knows of no such contamination of Hazardous Materials on, at, about, or within the Property, or any portion thereof. The term "Hazardous Materials" when used in this Agreement shall mean any hazardous waste, hazardous substance, hazardous materials or toxic substances as defined, as of the Close of Escrow, in any federal, state, or local statute, ordinance, rule, or regulation applicable to the Property. f. To Seller's actual knowledge, all utilities, including without limitation water, sewer, gas, electric, telephone and drainage facilities required by law, or for the normal operation of the Property, are installed to the utility service lines of the Property. g. Seller has obtained, or will obtain before the Close of Escrow, all required consents, releases and permissions in order to vest good and marketable title to the Property in Buyer, subject only to the Permitted Exceptions.
h. To Seller's actual knowledge, the Close of Escrow will not constitute or result in any default or event that with notice or the lapse of time, or both, would be a default, breach or violation of any Lease, Property Management Contract, mortgage, deed of trust, or other agreement, instrument or arrangement by which Seller or the Property is bound. i. Seller hereby represents and warrants to Buyer that Seller has not filed or been the subject of any filing of a petition under the federal bankruptcy law or any insolvency Iaws, or any laws for the composition of indebtedness or for the reorganization of debtors. 2346/0t4t22-0044
973796'7.1 al2/08/21 -4-

j Seller hereby represents and wamants that all of the residential units on the Property are vacant as of the Addendum Effective Date. Seller further represents and warrants that Seller shall not authorize any person or entity to use or occupy the Property, by lease, license, or any other oral or written arrangement, up until the Close of Escrow. Seller agrees to indemnify, protect, defend , and hold Buyer hannless from and against any and all losses, damages, liabilities, expenses, causes of action, penalties, judgments, and costs, including, without limitation, actual attorneys' fees and costs, which arise from or relate in any manner to the sale of the Property. the relocation of Seller's business operations or residential uses on the Propefty, or the relocation of any person or persons, business or businesses, or other occupant or occupants, or those claiming andlor having a right to use or be an occupant located on the Property, including any claims for relocation assistance and/or payments under federal and state law, including but not limited to California Government Code Section 7260, et seq., and applicable regulations.

If Seller becomes aware of any act or circumstance which would change or render incorrect, in whole or in part, any representation or warranty made by Seller hereunder, whether as of the Addendum Effective Date or any time thereafter through the Close of Escrow, Seller shall give immediate written notice of such changed fact or circumstance to Buyer, but such notice shall not release Seller of any liabilities or obligations with respect thereto. Seller shall indemnify. defend, and hold harmless Buyer for any allegations, claims, damages, and any costs or expenses arising or resulting from the breach of any representation and warranty set forth in this Agreement, including but not limited to any claims for relocation or condemnation from any person or entity using or occupying, or claiming a right to use or occupy, the Property (or any portion thereof) during the Escrow and/or after the Close of Escrow. The indernnity/defense/hold harmless provisions in this paragraph shall survive the Close of Escrow.

6. City Council Approval Required. Notwithstanding any provisions in the Original Agreement to the contrary, and to clarify Paragraph 6(l), Buyer's offer to purchase the Property is contingent upon the City Council for the City of Twentynine Palm's approval of this Agreement at a public meeting of the City Council.

7. Counterpafts. This Addendum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement. To facilitate execution of this Addendum, the parties may execute and exchange by facsimile or electronic mail counterparts of the signature pages, which facsimile or electronic mail counterparts shall be binding as original signature pages.

8. Full Force and Effect. Except as modified by this Addendum, the Original Agreement remains valid and is incorporated herein by this reference.

9. Citv Manaser A to Implement. The Original Agreement and Addendum shall be executed on behalf of the Buyer by the City Manager or his designated representative following approval of the same by the City Council of the City of Twentynine Pahns. The City Manager or his authorized representative shall have the authority to issue interpretations, waive provisions, and enter into amendments or implementing agreements of this Agreement on behalf of the Buyer that do not materially increase the risks or costs to be incurred by Buyer hereunder. 2346/0t4t22-0044
9'73'7967.1 at2/08/21 -5-

10. Propertv Sold "As Is". As further clarification to Condition No. 6(3) in the Original Agreement, Seller shall convey the subject Property free of all tenants and to be cleared of any furniture, trash, or debris. Seller shall not. however, be required to make any improvements or repairs to the Property or any buildings upon the Property in fulfillment of this Condition.

I L General Waiver: Dismissal of Eminent Domain Action. Seller acknowledges and agrees that the compensation to be paid to it hereunder is in full, final, complete, and permanent consideration of all claims Seller has or may have, for damages, compensation, or benefits of any kind, arising out of Buyer's acquisition of the Properfy, and construction and implementation of the Project in the manner proposed. Except for claims to the compensation provided for under this Agreement, Seller waives any claim for just compensation, damages of any kind (including damages for loss of access, loss of use, pre-condemnation damage, or any other type of damage or injury), and all claims for loss of business goodwill, interest, costs, litigation expenses, improvements pertaining to the realty, moving expenses, relocation assistance or benefits of any kind, or any compensation whatsoever arising out of the City's acquisition of the Property, and City's pre-acquisition planning for, and execution and construction of the Project, in the manner proposed. In addition, Seller hereby acknowledges that Buyer may file a Condemnation Action regarding the Properly, naming the owner of the Property, and others as necessary defendants, and may apply for an Order of Prej udgment Possession. Seller hereby consents to the issuance of an Order of Prejudgment Possession as to its interest in the Property. Seller agrees that the compensation to be paid by this Agreernent shall be in lieu of the deposit of the probable compensation pursuant to the Code of Civil Procedure, Section 1255.010. Seller also hereby consents to the dismissal of the Condemnation Action, and waives any claim for costs, attorney's fees, or any other litigation expenses or costs, in connection therewith. In this regard, and in furtherance of the intended release and waiver by Seller herein, Seller willingly, knowingly, and voluntarily, and intentionally, waives, releases, and forever relinquishes and repudiates any rights or recourse it may have against the City or any of its successors arising from the application of, and forever relinquishes any and all rights it may have or could have in the future pursuant to Code of Civil Procedure 51245.245, $ 1263.510, and $ 1263.615. These waivers include, but are not limited to, the following: (a) lirnitations on the use of the Property set forlh in Code of Civil Procedure 51245.245(a); (b) the requirement that the City put the Property to public use within ten (10) years or either: (i) resellthe Property to the Seller, or (ii) adopt a resolution of necessity reauthorizing public use of the Property pursuant to Code of Civil Procedure 5 1245.245(b) or (c); (c); Seller's right to judicial review of the City's acquisition of the Property under Code of Civil Procedure 51245.245(d); (d) Seller's potential right of first refusal under circurnstances covered by, and in accordance with, the procedures set forth in Code of Civil Procedure $ Da5.245(f); (e) the requirement that the City sell the Properly as surplus under circumstances covered by, and in accordance with, the procedures set forth in Code of Civil Procedure $ na5.245(9); (f) the requirement that the Ciry pay any financial gain to the Seller under circumstances covered by, and in accordance with, the procedures set forth in Code of Civil Procedure $ 1245.245(h); (g) the requirement that the City give written notice to the Seller of the rights set forth in Code of Civil Procedure $1245.245; and/or (h) the requirement that the City offer the Seller a one-year leaseback agreement for the Property, as provided in Code of Civil Procedure $ 1263.61 5.

Seller further waives and relinquishes any objection to Buyer's right to take the Property by eminent domain, and any rights to a lease or buy-back of the Propefty, or other reimbursements, 2346/014122-0014
9'737967.l al2/08/21 6-

arising out of Code of Civil Procedure sections 1245.245,1263.025, or any related provision of law.

In connection with such waivers. and each of them, Seller specifically waives any benefit from, or application of, Civil Code section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE

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

MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.

Seller represents to Buyer they have had the opportunity to review with counsel the meaning and import of waiving Civil Code section 1542. and knowingly and willingly waives it.

Seller further agrees to execute Stipulations, Partial Judgments, and other documents necessary to dismissal of the Condemnation Action.
[Signatures on the next page]
2346/014t22-0044
9'7 3'796't.l al2/08/21 -7-

lN Wl I N ESS Wl lllR lrOF. this Addcndum wos cxccutcd as ol'thc dalc and ve ar notcd in lhc grrearrthle aborc.
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-BUYERCI'TY 0I: TWIIN'IYNINE I'AI,MS. A
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APPROVII)AS l0 FORM:

RTI'I'AN &'I'TJCKI]R. LI-P
('it.v Attorncy A. Patrick Muioz
-8-

STAFF REPORT
TO: City Council
FROM: City Clerk
FOR MEETING: Feb 22 2022
SUBJECT: Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

RECOMMENDATION:

The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

ORDER OF PROCEDURE:

Request Staff Report (City Clerk Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
BACKGROUND:

The Southern California Association of Governments (SCAG) was established in 1965 and is the nation's largest metropolitan planning organization and council of governments representing six counties and more than 19 million residents. SCAG is a joint powers authority established under California law, which means that it is an association of local governments and agencies that voluntarily comes together on issues of common concern.

SCAG is mandated by Federal and State law to develop regional plans for transportation, growth, management, housing development, air quality, and other issues of regional significance. Through the SCAG adopted plans, the Regional Councilmembers acting through SCAG have kept Southern California eligible for billions of Federal and State dollars to assist with city and county programs.

The Annual SCAG General Assembly will be held on Thursday, May 5, 2022 at the JW Marriott Desert Springs Resort & Spa in Palm Desert. Each year, SCAG's member cities select a delegate and an alternate delegate to represent their city at the annual meeting.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to select a delegate or alternate delegate and have no representation at the Annual General Assembly.

FISCAL IMPACT:

None.

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 22 2022
SUBJECT: City Wastewater and Sewer Project.

RECOMMENDATION:

Staff is looking for direction on the following:

1. Does the Council want Staff to pursue the funding with State Water in furtherance of the development of Wastewater Treatment and Sewer;

2. If yes to question above, Staff is recommending funding of development not to exceed $500,000 (the individual contracts will still come before the Council for approval;

3. If yes to the first question, Staff is recommending a request to the Twentynine Palms Water District to consider a Resolution in support of development of the wastewater and sewer project politically and financially.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Wastewater Master Plan
(WWMP) and Salt and Nutrient
Management Plan (SNMP)
• Wastewater infrastructureappropriation-fact-sheet
BACKGROUND:

Within the adopted Wastewater Master Plan, it states:

Wastewater generated in Twentynine Palms is currently treated in septic tanks or leach fields and discharged in the ground. The exceptions to this are the Mainside area of MCAGCC and some of the new subdivisions and businesses which contain on-site wastewater collection and treatment systems. The City is concentrated around commercial areas which run along State Highway 62, also known as Twentynine Palms Highway, and Adobe Road, which runs north to the Military Base. These areas contain the majority of multifamily and relatively dense single family land uses. Less dense single family and rural living are located in the majority of the remainder of the City. As population growth continues and more lands are urbanized, water usage, and therefore, septic loading within the District service area is anticipated to increase.

Given that groundwater is currently the area's only source of water supply, understanding the potential effects of growth on water use and sewer loadings to the groundwater is very important. To this end, the City and the District prepared a Salt and Nutrient Management Plan (SNMP) to assess the long-term potential impacts to groundwater quality from the continued use of septic systems. This WWMP (Waste Water Master Plan) Page 69 of 172 incorporates the findings of the analysis and assess the need for sewers and its implications as a wastewater treatment disposal alternative.

Also for the Salt and Nutrient Management Plan Overview it states:

The guidelines prepared for salt/nutrient management plan was used to develop a comprehensive strategy to monitor and protect the groundwater resources in the area, analyzes nutrient loadings for the various groundwater basins in the area and evaluates loading reductions to balance these basins to avoid potential water quality impacts because of septic systems in the Twentynine Palms area. In addition to the objectives of the SNMP, the premise of developing the WWMP was that if the continued discharges from septic tanks would unreasonably degrade the groundwater quality and result in widespread groundwater pollutions and compliance issues, the need for a community wastewater collection, treatment, and disposal system would be promoted through the WWMP. This will help the District and the City make informed decisions on wastewater management while protecting groundwater resources. Collectively, the SNMP and WWMP serve as two major elements of the overall management plan developed by the City and District for assessing the potential impact on groundwater quality from the existing septic systems and anticipated future development.

What is in process currently?
• $980,000 State Water Grant – Feasibility, Preliminary Design, Environmental, and Financial Analysis.

NV5 is working on the feasibility and preliminary design with Terra Nova working on the environmental. • Water Quality Monitoring Wells installed in Project Phoenix – Complete • Congressman Olbernolte’s Earmark for $600K within the proposed federal budget for FY 2021/22 – Not approved by Congress
• United States Geological Survey (USGS) cooperative agreement with the City of Twentynine Palms to study our groundwater and impacts of septic tanks. This is approved by State Water with funds of $1M to complete task. Working through State Water to complete the agreement to begin task. • Collaborating with Marine Corps Air/Ground Combat Center (MCAGCC) to develop the joint use wastewater plant.

Funding Opportunity
• State Funding of $350M for septic to sewer conversions for Disadvantage Communities (DAC) • This funding is a “Race to the Start and a Race to the Finish” • This November 2022, State Water will be looking for pre-applications to identify who and how much DACs will be potentially applying
• No later than March 2023, a full application needs to be submitted to State Water to apply for the funds • Shovel Ready is the Key, there are 53 potential projects, including Twentynine Palms, at the State but, it is unclear who will be ready to apply and complete
• Construction needs to start by June 2024 and construction needs complete by June 2026 • The program allows the City to apply for 100% of the funds needed, however there is only $350M for the entire state
• The high-level estimate with the low level of design is $150-200M • So, if we can NOT get 100% granted, we will need local contribution (Assessment District, Sales Tax, EIFD (Enhanced Infrastructure Finance District), or other) • A draft schedule has been created to meet the deadlines; however, it is aggressive and close. The approval from State Water is one of the biggest wildcards, so the sooner the better to submit the full application.
• There are three components of the project:
o Building the System (Collection System and Treatment Plant) o Private Property Connections
o Sewer Rates for operations
• March 15, 2022 State Water will consider approving the program • The City checks all the boxes for the State
o In planning already
o Septic to Sewer conversion
o Can meet the deadlines, albeit tight
o DAC
• The timing of the Joint Use Facility with MCAGCC is the challenge

Joint Use Facility with MCAGCC
This version of the Joint Use Facility with MCAGCC has been in discussion for 6+ years. There is support for a joint use facility by the City, MCAGCC, and Congressman Olbernolte. MCAGCC has currently appropriated $87M for the joint use facility, however, their estimate for construction is $130M. There is another $45M proposed in the FY 2021/22 Federal Budget however, as mentioned before, the Federal Budget is still not approved by Congress.

MCAGCC attorneys will not let Staff from the City and Base to engage in the process of creating and agreeing to a Memorandum of Understanding (MOU) for the use and operations of the joint use facility until they have a project, i.e. a fully funded project. State Water will not approve a “bridge to nowhere”, i.e. we have to have a treatment solution. The alternative is to design and develop a Wastewater Treatment Plant within the City, however, again this needs to be part of the full application due no later than March 2023. So, in four months, we either have an MOU with MCAGCC or we have to start design of a plant in the City.

The Team Needed to deliver an effective and efficient Plant and Sewer System • NV5 is under contract for the feasibility, preliminary design, and full design, however, they need the federal budget to be approved to complete the tasks.
• Terra Nova is under contract to begin the environmental initial study (IS) • Owners Representative for the City is an expert in the development and operations of wastewater and sewers. This will help ensure that what is designed is effective for the City • Assessment Engineers are needed to form a potential assessment district if local contributions are needed • Rate Consultants are needed to create sewer rates for the operations of the plant. Wildan is under contract with the City for the development of rates for the Project Phoenix area. • Financial Analyst (FA) is to help model out the funding needed from the various sources AND to answer probably the #1 question people will ask, “how much will this cost me”. • Outreach consultant is needed to inform the public of the need, funding opportunity, and the cost. This would be an informational task to build support, not advocacy.

Why do we need this project now?
• Money is here and available now, up to potentially 100% of the project. There may never be an opportunity like this in the future
• Removes a barrier for growth (high density housing and dense commercial water users, i.e. hotels and restaurants)
• Inevitable
• Basic infrastructure (Roads, Utilities, Schools, Hospitals, Parks, etc) • Sustainability for Water Supply (protecting our most valuable resource (water) Why should we NOT do this project?
• No Water Quality issues
• Some do not want growth
• Not Inevitable
• As per the SNMP, we have not done the monitoring and analysis to determine we need it • Some cannot afford it, and potentially will also increase the cost of water • Wastewater generated in Twentynine Palms is currentn septic tanks or leach fields and discharged to the ground. The exceptions tated to increase. is anticipated to increase.

ENVIRONMENTAL:

The Initial Study (IS) is underway.

ALTERNATIVES:

The City Council could choose not to pursue funding, and/or give other direction.

FISCAL IMPACT:

The planning effort needs an amount not to exceed $500,000, however, this DOES NOT include the design of the City's Wastewater Treatment Plant, pending the outcome with the Joint Use Facility on the base. The funding would be paid from the City's ARPA funding.

FINAL REPORT
Twentynine Palms Wastewater Master Plan
August 2014
Prepared for
City of Twentynine Palms and Twentynine Palms Water District 72401 Hatch Road
Twentynine Palms, CA 92277-2935
3210 El Camino Real, Suite 150
Irvine, California 92602-1365
949-261-1577
FAX: 949-261-2134
K/J Project No. 1283001*00

3210 El Camino Real Street, Suite 150
Irvine, California 92602
949-261-1577
949-261-2134 (Fax)
Twentynine Palms
Wastewater Master Plan
29 August 2014
Prepared for
City of Twentynine Palms and
Twentynine Palms Water
District
72401 Hatch Road
Twentynine Palms, CA 92277-2935
K/J Project No. 1283001*00

FINAL Twentynine Palms Wastewater Master Plan i
Table of Contents
List of References ........................................................................................................................ iv List of Tables ................................................................................................................................ iv List of Figures............................................................................................................................... iv List of Appendices ......................................................................................................................... v Executive Summary ....................................................................................................................... I Section 1: Introduction ............................................................................... 1-1

1.1 Background ......................................................................................... 1-1

1.2 Purpose ............................................................................................... 1-1

1.3 Objectives and Scope ......................................................................... 1-2

1.4 Underlying Regulatory Framework ...................................................... 1-3

1.4.1 RWQCB Region 7 Basin Plan .................................................. 1-3

1.4.2 Region 7 Basin Plan Amendment ............................................ 1-4

1.4.3 Statewide Septic Systems Proposed Policy ............................. 1-5

1.4.4 Region 7 Guidelines for Sewage Disposal from Land Developments .......................................................................... 1-6

1.4.5 Anti-Degradation Policy Summary ........................................... 1-6

1.5 District Water Planning and Previous Studies ..................................... 1-6

1.5.1 2010 Urban Water Management Plan (UWMP) ....................... 1-6

1.5.2 1997 Master Plan of Drainage (MPD) ...................................... 1-7

1.5.3 2008 Wastewater Treatment Plant, Joint-Use Study ............... 1-7

1.5.4 2008 Groundwater Management Plan ..................................... 1-7

1.5.5 Other Relevant Data ................................................................ 1-7

1.5.6 Groundwater Study .................................................................. 1-7

1.6 Report Organization ............................................................................ 1-8

1.7 Abbreviations and Acronyms ............................................................... 1-8 Section 2: Background and Study Area ...................................................... 2-1

2.1 Study Area .......................................................................................... 2-1

2.2 Land Use ............................................................................................. 2-1

2.3 Climate and Rainfall ............................................................................ 2-2

2.4 Topography ......................................................................................... 2-3

2.5 Geology ............................................................................................... 2-3

2.6 Water Sources .................................................................................... 2-3

2.6.1 Groundwater ............................................................................ 2-4

2.7 Groundwater Subbasins ...................................................................... 2-4

2.7.1 Indian Cove Subbasin .............................................................. 2-5

2.7.2 Fortynine Palms Subbasin ....................................................... 2-5

2.7.3 Eastern Subbasin ..................................................................... 2-5

2.7.4 Mesquite Lake Subbasin .......................................................... 2-5

Table of Contents (cont'd)
FINAL Twentynine Palms Wastewater Master Plan ii
Section 3: Water Usage .............................................................................. 3-1

3.1 Historic Water Use .............................................................................. 3-1

3.1.1 Water Demand Classification by Customer Type .................... 3-1

3.1.2 Water Demand Classification by Number of Connections ....... 3-2

3.1.3 Historic Water Demand Seasonal Variation ............................. 3-3

3.1.4 Non-Revenue Water ................................................................ 3-3

3.2 Project Planning Scenarios ................................................................. 3-4

3.2.1 Current Scenario: Baseline ...................................................... 3-4

3.2.2 2035 Scenario .......................................................................... 3-4

3.2.3 Build-Out Scenario ................................................................... 3-4

3.3 Population Projections......................................................................... 3-4

3.3.1 Current Population ................................................................... 3-5

3.3.2 2035 Population ....................................................................... 3-5

3.3.3 Build-Out Population ................................................................ 3-5 Section 4: Wastewater Flows ..................................................................... 4-1

4.1 Wastewater Flow Projections Approach .............................................. 4-1

4.1.1 Key Assumptions for Flow Calculations ................................... 4-1

4.1.1.1 Water to Sewer Return Ratios ............................... 4-1

4.1.1.2 Per Capita Water Demand for Current
Scenario ................................................................. 4-2

4.1.1.3 Per Capita Water Demand for Build-out
Scenario ................................................................. 4-2

4.1.2 Residential Loadings ................................................................ 4-3

4.1.3 Non Residential Loadings ........................................................ 4-3

4.2 Wastewater Flows ............................................................................... 4-4

4.3 Data Sources for Wastewater Flow Estimation ................................... 4-5 Section 5: Wastewater Hydraulic Model .................................................... 5-1

5.1 Modeling Software............................................................................... 5-1

5.2 Data Sources ...................................................................................... 5-1

5.3 Model Construction ............................................................................. 5-2

5.3.1 Basic Terminology of Model Data ............................................ 5-2

5.3.1.1 Nodes .................................................................... 5-2

5.3.1.2 Links ...................................................................... 5-2

5.3.1.3 Sub-catchments ..................................................... 5-2

5.3.1.4 Model loads ........................................................... 5-3

5.3.1.5 Models ................................................................... 5-3

5.3.2 Model Building.......................................................................... 5-3

5.3.2.1 Network Trunks ...................................................... 5-3

5.3.2.2 Delineation of Trunk Sheds ................................... 5-3

5.3.2.3 Sub catchment and Watershed Definitions ............ 5-4

5.3.2.4 Manholes ............................................................... 5-4

5.4 Hydraulic Design Criteria and Boundary Conditions ........................... 5-4

5.4.1 Dry Weather Peak Design Flows ............................................. 5-4

Table of Contents (cont'd)
FINAL Twentynine Palms Wastewater Master Plan iii

5.4.2 Wet Weather Flows - Infiltration/Inflow (I&I) ............................. 5-5

5.4.3 Diurnal Peaking Factors ........................................................... 5-6

5.4.4 d/D Ratios ................................................................................ 5-6

5.4.5 Pipeline Slopes ........................................................................ 5-6

5.4.6 Maximum Allowable Velocity .................................................... 5-6

5.4.7 Facilities ................................................................................... 5-7

5.4.8 Crown Depth ............................................................................ 5-7

5.5 Demand Loading ................................................................................. 5-7 Section 6: Wastewater System Evaluation ................................................ 6-1

6.1 Evaluation Approach ........................................................................... 6-1

6.2 System Capacity Analysis ................................................................... 6-2

6.2.1 System Alignment .................................................................... 6-2

6.2.2 Trunk-Sewer Pipelines ............................................................. 6-2

6.2.3 Wastewater Treatment Plan ..................................................... 6-3

6.2.3.1 Mainside Facility .................................................... 6-3

6.2.3.2 New WWTP for Area Flows ................................... 6-4

6.3 Treatment Disposal Technologies and Options .................................. 6-4

6.3.1 Cost Effectiveness of Staging .................................................. 6-4

6.3.2 Plant Development Scenario .................................................... 6-5

6.3.3 Treatment Process Selection ................................................... 6-6

6.3.3.1 Sequencing Batch Reactor .................................... 6-6

6.3.3.2 Extended Aeration Membrane Bioreactor .............. 6-6

6.3.3.3 Modified Ludzack Ettinger ..................................... 6-7

6.3.3.4 Five Stage Bardenpho ........................................... 6-7

6.3.4 Recommended Process for Twentynine Palms ....................... 6-7 Section 7: Capital Improvement Program (CIP) ......................................... 7-1

7.1 Cost Estimating Criteria ....................................................................... 7-1

7.1.1 Trunk Sewer Costs ................................................................... 7-1

7.1.2 Manholes Costs ....................................................................... 7-2

7.1.3 Collector and Laterals Costs .................................................... 7-2

7.1.4 Trunk System Lift Stations ....................................................... 7-2

7.1.5 Wastewater Treatment Facility ................................................. 7-3

7.2 Total CIP for Entire Area ..................................................................... 7-3

7.3 Overview of the SNMP Findings and Influence on the CIP ................. 7-4

7.3.1 Existing and Future Wastewater Systems ............................... 7-4

7.3.2 Salt and Nutrient Management Plan Overview ........................ 7-5

7.3.3 Salt and Nutrient Management Plan Findings .......................... 7-6

7.3.4 Groundwater Protection Sensitivity Analysis and
Implementation Plan for Phasing of Improvements ................. 7-7

7.3.4.1 Revised Lower Loading Conditions ....................... 7-8

7.3.4.2 Revised Higher Loading Conditions ....................... 7-8

7.3.5 Ultimate Build-Out of Wastewater Improvements .................... 7-9

7.4 Conclusion and Recommendations ................................................... 7-10

Table of Contents (cont'd)
FINAL Twentynine Palms Wastewater Master Plan iv
List of References
List of Tables
Table 1-1 List of Acronyms
Table 2-1 Twentynine Palms Climate Data
Table 3-1 Historic Water Use
Table 3-2 Historic Water Demand by Customer Type (AF)
Table 3-3 Historic Number of Service Connections by Customer Type Table 3-4 Historic Production, Sales and Losses
Table 3-5 Historic Population Estimates
Table 3-6 Population Projections
Table 3-7 Projected Build-Out Population Estimate
Table 4-1 Summary of Wastewater Flow Estimates
Table 4-2 Data Sources for Wastewater Flow Estimates
Table 5-1 Average Monthly Precipitation Data for Twentynine Palms Station (1935-2012) Table 5-2 Sub-Catchment and Manhole Loading
Table 6-1 Sewer System Pipe Types, sizes and Lengths
Table 7-1 Sewer Trunk System Unit Costs
Table 7-2 Lift Station CIP Costs
Table 7-3 Estimated CIP Costs for Build-out Area
Table 7-4 Estimated CIP Costs Excluding Northern Unincorporated Area Table 7-5 Septic Loading Rate Sensitivity Analysis (Current Conditions) List of Figures
Figure 1-1 Site Map
Figure 2-1 Groundwater Basin and Sub Basins
Figure 2-2 Total Land Use Area Percentages
Figure 2-3 Build Out Land Use
Figure 2-4 Twentynine Palms Topographical Map
Figure 2-5 Regional Geologic Map

Table of Contents (cont'd)
FINAL Twentynine Palms Wastewater Master Plan v
Figure 2-6 Location of Geographic Faults for the Twentynine Palms Area Figure 2-7 Groundwater Subbasin Boundaries and Wells
Figure 3-1 Water Demand by Customer Type (2011)
Figure 3-2 Service Connections by Customer Type (2011)
Figure 3-3 Comparison of Number of Services Connections and Demand (2011) Figure 3-4 Monthly Water Usage (CCF) by Customer Category Figure 3-5 Area Populations
Figure 5-1 Sewer Trunk Locations
Figure 5-2 Sewer Trunk Sheds Flows and Land Uses
Figure 5-3 Daily Average Precipitation
Figure 5-4 Precipitation Probability by Quantity
Figure 5-5 Twentynine Palms Region Diurnal Curve
Figure 7-1 Representative Wastewater System – Build-out Conditions Figure 7-2 Representative Wastewater System – Excluding Northern Unincorporated Area List of Appendices
A Wastewater Flow Calculations
B CIP Cost Estimates
C Twentynine Palms Parcel Size Map

FINAL Twentynine Palms Wastewater Master Plan Executive Summary - I Executive Summary
The primary purpose of the Wastewater Master Plan (WWMP or Plan) is to develop a conceptual sewer collection and treatment system that could serve the City of Twentynine Palms (City) and the Twentynine Palms Water District (District) for the prevention of future potential groundwater impacts from septic tanks within their boundaries and sphere of influence (SOI). The WWMP was prepared in conjunction with a Salt and Nutrient Management Plan (SNMP), prepared under separate cover, and incorporates the results of that study with master planning processes and outcomes.

Goals and Purpose
Given that groundwater is currently the area’s only source of water supply, understanding the potential effects of growth on water use and sewer loadings to the groundwater is very important. To this end, the City and the District retained Kennedy/Jenks Consultants to prepare a SNMP to assess the long-term potential impacts to groundwater quality from the continued use of septic systems. To minimize the quantities of nutrients and minerals that return to the groundwater following pumping and use requires the implementation of a wastewater collection and treatment system. This WWMP incorporates the findings of the above and assesses the need for sewers and its implications as a wastewater treatment disposal alternative.

The Wastewater Master Plan is designed to identify and describe the potential facilities that would be required for a centralized sewer collection system and wastewater treatment plant to replace the septic systems currently in place. A new centralized system would include the area of the City of Twentynine Palms and the unincorporated areas around the City. The main objectives of the Wastewater Master Plan study documented in this report are:
 Estimate existing and future wastewater flows in the Study Area  Develop a hydraulic model of the trunk-sewer system to identify future facilities that could be needed if the area was to be taken off the existing septic systems  Prepare conceptual level planning costs for the wastewater system identified Given the uncertainty of key data, it is important to note that this Plan is intended to be used as a general planning tool rather than a blueprint.

Overview of Wastewater System Analysis
Twentynine Palms is located in the high desert of Southern California in San Bernardino County (County). The Twentynine Palms Water District (Water District or District) serves the entire City as well as some of the City’s SOI, located in unincorporated areas of San Bernardino County.

The current estimate of the population of the Water District is near 19,000 based on the 2010 UWMP with projections scheduled to reach as high as 31,000 by 2035 (Kennedy/Jenks, 2011) The overall land area of the City is sparsely populated, having higher density areas of 4 to 8 residences per acre primarily in areas adjacent to the City’s main thoroughfares. This is also the location of the large majority of the City’s commercial, industrial and public land area as well.

FINAL Twentynine Palms Wastewater Master Plan Executive Summary - II These regions produce the highest quantity of wastewater due to their density and are therefore the greatest potential threat to the quality of the groundwater basin.

As with the City’s population and services, much of the infrastructure that serves the residents of Twentynine Palms is also in the City’s main roads. The City, County and other reference sources were consulted in assembling data to conduct the analysis of the City for the implementation of a wastewater collection and treatment system. GIS Data obtained included land use, parcels, streets, digital contours, water line coverage’s, city and water district boundaries, etc.. Additional data included municipal water use and well use, land use characteristics and restrictions, and census data.

The data collected was reviewed within the context of water use to wastewater production for the current, 2035 and ultimate populations expected to inhabit the City and its SOI. The SNMP reviewed studies completed recently in nearby areas as reference for expected rates of conversion of water use to wastewater production. The results of this analysis became the basis for the analysis of groundwater salt and nutrient loading as well as wastewater collection system loading. GIS data for land uses, City, County and water district boundaries, streets and digital contour data were used to create sub-catchments, or drainage sub-basins. Given the elevation and characteristics of each sub-catchment, a representative sewer trunk pipeline alignment was chosen. These facilities were loaded with the wastewater generation factors derived and modeled for conveyance to a regional area for wastewater treatment and disposal.

The analysis also determined that due to the relatively flat geography in much of the City, sewage lift stations and force mains would be required in multiple locations to deliver this wastewater to a treatment facility. Several options were considered for treatment including the development of facility staging strategies that would maximize the performance and cost effectiveness of long-term treatment and disposal options.

The wastewater system master plan concluded with the development of the potential capital improvement requirements that may be needed to provide a system-wide sewer system for the area at build-out. To support the overarching goal of long-term protection of the groundwater quality, implementation and phasing needs were driven by the results and recommendations of the Salt and Nutrient Management Plan (SNMP).

System Analyses Findings
Wastewater quantity estimates were derived under current, 2035 and ultimate build-out conditions. Consistent with the goals of this plan, the build-out population was used to size regional sewer facilities, such as trunk pipelines, lift stations, and treatment facility capacity requirements. As discussed with City staff, the build-out population for the City of Twentynine Palms and its SOI were estimated to be 102,963. Planned land uses and adopted densities were primarily used to estimate maximum attainable population. The timeframe associated with growing from a current population of approximately 20,000 to this build-out level was not estimated. However, it can be assumed that build-out is decades away.

FINAL Twentynine Palms Wastewater Master Plan Executive Summary - III To support the development of the master plan's potential infrastructure in the area, the population was divided into sub-catchments/watersheds. Eleven area were defined within the City and its sphere of influence with areas ranging from approximately 1,350 to 11,700 acres.

Flows within the watershed areas were estimated to be from 0.18 million gallons per day (MGD) in the sparsely populated unincorporated areas northwest of the City, to 4.13 MGD in the more urban areas at the center of town. Together, these eleven areas combined for an estimated daily wastewater loading at build-out of approximately 9.3 MGD.

Based on the hydraulic system analysis, sewer trunk pipelines and facilities were derived.

Sizing of sewer trunk gravity and force main pipelines are recommended based upon criteria developed within the study, including sizing for peak flows and minimum slopes and velocities within each pipeline. Calculated trunk size varies greatly throughout the City and Water District boundaries, being quite small in outlying regions such as the unincorporated area and western portions of the City and quite large in the center and eastern portions of the City. In order to handle these flows, gravity pipelines range from 10 to 42 inches in diameter. Force mains vary from 6 to 30 inches in diameter. Pumps at low points in the system are also sized based on the results of the analyses and range from 300 gallons per minute (gpm) when collecting from smaller trunk lines in the unincorporated area to more than 10,000 gpm near the end of the collection system.

The alignment of a potential trunk system follows the major arterial roads within the City, as well as sharing its alignment with some of the larger water pipelines in the Water District. Sewer trunks were generally sited along Lear Avenue, Two Mile Road, 29 Palms Highway, Adobe Road, Camino del Oro, Utah Trail and Baseline Avenue. All of these alignments are on major local streets; the majority of them run through high density areas. These trunk system pipelines would serve as the backbone of a larger sewage collection system. New branches from each trunk system would be established to serve the City and its sphere of influence. The collector and lateral pipeline analysis has not been derived as that level of detail is beyond the scope of this planning study.

As discussed with City and District staff, it is suggested that the approach for long-term treatment and disposal be based on centralized treatment, and a future location be established that would serve the entire service area. Decentralized treatment facilities are an option that was considered in this study, however they have not been recommended due to the decreased ability to provide oversight and the difficulties of regulating private treatment facilities. Similarly, expanding and utilizing the MCGACC Mainside Treatment facility was also not recommended.

A shared treatment facility was also explored in a 2008 report prepared by Winzler & Kelly for the Naval Facilities Engineering Command. The recommendation of that study was consistent with the findings of this Master Plan. That is - the costs associated with the additional infrastructure required to move the entire volume of city-generated wastewater several miles north, and pay for the expansion of the existing MCGACC treatment facility are considered prohibitive.

A important consideration of a centralized treatment plant approach is the need to accommodate system phasing. The central treatment plant should be sited at a location that could ultimately treat the estimated build-out wastewater discharges of approximately 9.3 MGD.

Incremental construction of phased capacity expansions could then be provided as the City grows. The total conceptual cost for a build-out wastewater collection, pumping and treatment system is estimated at approximately $290 million.

FINAL Twentynine Palms Wastewater Master Plan Executive Summary - IV It is important to note that there are multiple alternative configurations and alignments that could be developed to support the potential phasing of a wastewater collection and treatment system for the Twentynine Palms area. For example, in addition to the exclusion of the large northern Unincorporated area, additional scrutiny could be provided to extract large rural areas with a prevalence of large low density parcels as sewering these areas likely provides minimal benefit to reducing septic loadings on the groundwater basin and may not be economically feasible to construct additional sewer infrastructure. One additional scenario was derived to assess the impact of excluding the Unincorporated area and most of the low density areas, suggesting the need for a 6 to 6.35 MGD sewer collection and treatment system at a planning level cost of approximately $170 - 190 Million.

As exemplified from this section of the Master Plan, should sewers be needed in the Twentynine Palms area, there are a number of alternative configurations and sewering strategies that may meet that need. Therefore, as future groundwater, septic and wastewater evaluations are conducted and if the need for sewers is appropriate, additional implementation programs and costs should be developed to derive a suitable sewer system phasing plan for the Twentynine Palms community.

Recommended Implementation Plan
As shown, the infrastructure costs associated with a sewer system for the entire area to serve its build-out population are extremely high. Moreover, it is reasonably certain that many, many years will pass before this area would reach it’s built-out population. Since the WWMP is driven by the SNMP, implementation should be based on the finding and analyses derived from future monitoring and management activities as an element of the SNMP.

The focused recommendations of the SNMP are to implement measures to improve the overall groundwater monitoring and to implement a Septic System Management Program to limit further impacts to the groundwater. Since the current nitrate concentrations in the District's production wells show relatively stable concentrations, it is considered appropriate to gather more data to support the preparation of a more detailed assessment.

The SNMP also recommended that the District and City adopt a Septic System Management Program to properly manage septic tanks by limiting loading rates as part of an integrated effort to protect groundwater quality. The elements of this Program are designed to provide mechanisms to reduce loading at the source before entering the groundwater system. A Septic System Management Program is presented to outline the approach for such a program, and are contained in the accompanying SNMP.

It is anticipated that after three to five years of monitoring and implementation of the SNMP and Septic System Management Program, a comprehensive assessment will be conducted to evaluate the impacts of septic systems on the groundwater. The outcome of this evaluation can then be used to support the development of local septic system policies and update the WWMP to reconsider the need for sewer system infrastructure at that time. Proceeding in this methodical manner would provide a cost effective strategy for short-and long-term groundwater management and protection.

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Section 1: Introduction
This Wastewater Master Plan (WWMP or Plan) was prepared by Kennedy/Jenks Consultants (Kennedy/Jenks) for the City of Twentynine Palms (City) and Twentynine Palms Water District (TPWD or District). The main objective of the Plan is to consider the need for sewers, in comparison to the septic systems currently in use, based on the findings of the Salt and Nutrient Management Plan study for the Twentynine Palms area.

1.1 Background
This WWMP was prepared in parallel with a Salt and Nutrient Management Plan(SNMP) for the Twentynine Palms area. The WWMP and SNMP are the two major elements of the overall management plan for assessing the potential impact on groundwater quality from the existing septic systems and anticipated future development. The WWMP, in particular, was prepared to assess the need for sewers to meet the management objective established by the City and District, with an implementation plan and financial impact analysis. The WWMP relies on the SNMP assessment findings for the estimates of current and future projected salt and nutrient loadings from septic tanks to the groundwater basins and potential anticipated groundwater quality issues. The potential impact of septic systems on groundwater quality was considered to derive localized sewers/treatment systems, as discussed. Figure 1-1 shows the general site map for the Twentynine Palms area with the boundaries of the City and District considered in the WMMP.

1.2 Purpose
The Twentynine Palms Water District service area consists primarily of the City of Twentynine Palms, the Mainside area of the Marine Corp Air Ground Combat Station (MCAGCC) and surrounding unincorporated areas located in the County of San Bernardino. This service area is approximately 87 square miles in size and currently serves potable water to a civilian population of approximately 19,000 and an additional 10,000 located at MCAGCC. The TPWD operates and maintains a water treatment distribution system including a water treatment facility, pumping, storage, and pipelines to meet this demand. To date TPWD has not contracted with MWD or the SWP to receive water deliveries and is extracting its entire water supply from three local groundwater basins which are the Twentynine Palms Valley Groundwater Basin, Joshua Tree Groundwater Basin and Dale Valley Groundwater Basin.

Wastewater generated in Twentynine Palms is currently treated in septic tanks or leach fields and discharged to the ground. The exceptions to this are the Mainside area of MCAGCC and some of the newer subdivisions which contain on-site wastewater collection and treatment systems. The City is concentrated around commercial areas which run along State Highway 62, also known as the Twentynine Palms Highway, and Adobe Road, which runs north to the Military Base. These areas contain the majority of multifamily and relatively dense single family land uses. Less dense single family and rural living are located in the majority of the remainder of the City. As population growth continues and more lands are urbanized, water usage, and therefore, septic loading within the District service area is anticipated to increase.

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Given that groundwater is currently the area’s only source of water supply, understanding the potential effects of growth on water use and sewer loadings to the groundwater is very important. To this end, the City and the District prepared a SNMP to assess the long-term potential impacts to groundwater quality from the continued use of septic systems. This WWMP incorporates the findings of the above and assesses the need for sewers and its implications as a wastewater treatment disposal alternative.

1.3 Objectives and Scope
The objective of this study is to apply the findings of the concurrent Salt and Nutrient Management Plan (SNMP) to establish a potential system for treating wastewater within the TPWD service area. Currently the entire City and the surrounding unincorporated areas, except for the Mainside area of MCAGCC, are on septic tanks or leach fields. It is known that septic tanks in urban areas can negatively affect the quality of groundwater so the City and District has decided to investigate the installation of sewers and a wastewater treatment system. Neither the District, City, nor the County of San Bernardino has any knowledge of or data showing problems with the local septic systems or degradation of the groundwater basin, however all parties have committed to a proactive assessment of the potential contamination of local groundwater resources.

This Wastewater Master Plan study is to identify and describe the facilities that would be required for a centralized sewer collection system and wastewater treatment plant to replace the septic systems currently in place. The new centralized system, if implemented, would include the area of the City of Twentynine Palms and the unincorporated areas around the City.

The main objectives of the Wastewater Master Plan study documented in this report are:
 Estimate existing and future wastewater flows in the Study Area  Develop a hydraulic model of the City’s trunk- sewer system to identify future facilities that could be needed if the area was to be taken off the existing septic systems  Prepare conceptual level planning costs for the wastewater system identified This Plan shall serve as a management and planning document that shall generally guide the actions of TPWD. It is important to note that this Plan is intended to be used as a general planning tool rather than a blueprint. Due to the uncertainty of growth, and other factors like groundwater quality, cost, etc. it will be necessary to update this Plan in the future to incorporate an increase in the influx of relevant data that affects the City and any proposed system.

The Scope of Work for this study includes the following tasks:
 Task 1: Data Collection and Review
 Task 2: Assessment of the Need for Sewers
 Task 3: Evaluation of Effluent Disposal Options
 Task 4: Evaluation of Necessary Treatment Processes

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 Task 5: Wastewater System Model
 Task 6: Summary of Recommended Groundwater Protection  Task 7: Development of a Capital Improvement Program
 Task 8: Recommended Implementation Plan
 Task 9: Master Plan Report

1.4 Underlying Regulatory Framework
The assessment of impacts on groundwater quality from septic tanks in the Twentynine Palms area is analyzed within the context of the existing regulatory compliance. Septic discharges and groundwater quality is guided by a number of regulatory guidelines discussed below. They form the basis for evaluation and compliance related to the operation and management of septic systems, related potential impacts to public health and groundwater quality and the need for evaluation of a centralized wastewater system. The regulatory framework includes the following:
 Regional Water Quality Control Board (RWQCB) Basin Plan and Basin Plan Amendment for the Colorado River Basin Region (Region 7)
 State Water Resources Control Board (SWRCB) Statewide Septic Systems Proposed Policy
 RWQCB Region 7 Guidelines for Sewage Disposal from Land Developments

1.4.1 RWQCB Region 7 Basin Plan
The Colorado River Basin Region 7 is responsible for protecting water quality within the local groundwater basins in the Twentynine Palms area. The Region 7 Basin Plan provides the basis for the regulatory guidelines and specifies beneficial uses and water quality objectives for groundwater and surface water within its region and provides implementation plans that describe permitting options, waste discharge prohibitions, monitoring and enforcement, salt and nutrient controls, and other control measures necessary to preserve and protect water quality objectives and beneficial uses for groundwater and surface waters.

From the Colorado River Basin Plan, the beneficial use of groundwater in the Twentynine Palms area is municipal, domestic, and industrial water supply. The groundwater pumping is located mainly within Joshua Tree Groundwater Basin. The ultimate build-out extends to areas within the Dale Valley Groundwater Basin.

As stated in the Basin Plan, a detailed study is needed before establishing specific groundwater quality objectives for a particular basin. The specific quotation from the Basin Plan that forms the regulatory driver for this study is provided below:
“Establishment of numerical objectives for ground water involves complex considerations since the quality of ground water varies significantly with depth of well perforations, existing water levels, geology, hydrology and several other factors.

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Unavailability of adequate historical data compounds this problem. The Regional Board believes that detailed investigation of the ground water basins should be conducted before establishing specific ground water quality objectives.” The RWQCB’s objective is to minimize the quantities of contaminants reaching any groundwater basin and maintain existing water quality where feasible. The Region 7 Basin Plan has narrative groundwater quality objectives with respect to TDS, EC, nitrate, and other chemicals of concerns. In general, water quality objectives for groundwater are drinking water standards or the maximum contaminant levels (MCLs), as described below:
 Waters designated for use as domestic or municipal supply (MUN) shall not contain concentrations of chemical constituents in excess of the limits specified in California Code of Regulations, Title 22 (Chapter 15, Article 4, Section 64435, Tables 2, 3, and 4) as a result of human activity.
 Ground waters designated for use as domestic or municipal supply (MUN) shall not contain taste or odor-producing substances in concentrations that adversely affect beneficial uses as a result of human activity.
 Ground waters designated for use as domestic or municipal supply (MUN) shall not contain concentration of coliform organisms in excess of the limits specified in California Code of Regulations, Title 22, Chapter 15, Article 3.
 Nitrates and TDS are specifically noted in the Basin Plan and the objective is to establish appropriate management practices. The limit is defined by the MCL of 10 mg/l for nitrate (as nitrogen). With respect to salt, all surface and ground waters are considered to be suitable, or potentially suitable, for municipal or domestic water supply with the exception of surface or groundwater where TDS exceeds 3,000 mg/l (5,000 us/cm, electrical conductivity), and it is not reasonably expected by the RWQCB to supply a public water system.

The Basin Plan also states that ideally the RWQCB's goal is to maintain the existing water quality of all non-degraded ground water basins. However, in most cases ground water that is pumped generally returns to the basin after use with an increase in mineral concentrations such as TDS, nitrate etc., that are picked up by water during its use. Under these circumstances, the RWQCB’s objective is to minimize the quantities of contaminants reaching any ground water basin. This could be achieved by establishing management practices for major discharges to land. Until the RWQCB can complete investigations for the establishment of management practices, the objective will be to maintain the existing water quality where feasible.

1.4.2 Region 7 Basin Plan Amendment
The Region 7 Basin Plan includes prohibitions on the use of septic systems in certain areas.

The 2008 Basin Plan includes prohibitions in two areas, including Cathedral City Cove, and in areas that overlie the Mission Creek and Desert Hot Springs Aquifers. These prohibitions were adopted in 2002, and 2004, respectively.

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In May 2011, the Region 7 Basin Plan was further amended to prohibit the discharge of wastes from septic systems in specific areas in the Town of Yucca Valley to mitigate and eliminate the threat of nitrate contamination to groundwater due to septic tank discharges (RWQCB, 2011).

This Basin Plan Amendment requires the Town of Yucca Valley to construct a wastewater treatment plant and collection system.

The 2003 USGS study that was conducted in support of the 2011 Basin Plan amendment is of particular interest and briefly discussed below, to provide the background studies that led to the Basin Plan amendment on the use of septic systems in the Yucca Valley area.

1.4.3 Statewide Septic Systems Proposed Policy
On June 5 2012, SWRCB has released a new proposed policy to meet the legal mandate that requires the SWRCB to develop statewide regulations for septic systems. The California Water Code requires regulation of waste discharges that impair or threaten to impair surface water or groundwater quality. Septic tanks not properly sited, built, or maintained can pollute groundwater, surface water, and pose a direct threat to public health due to the release of bacteria and other pathogens. This Policy was prepared in response to the California Legislature that passed Assembly Bill 885 (Wat. Code § 13290) in 2000 that requires the SWRCB to adopt regulations or standards for the operation of septic tanks. In 2008, SWRCB first released draft regulations. This proposed Policy is the result of multiple public workshops, comments received by stakeholders from all over the state, and collaboration with RWQCB staff and local government health representatives. The new proposed Policy relies extensively on Local County and city programs, currently in practice, to educate and regulate septic tank owners and operators about the impact that improperly operating septic tanks can pose to public health and water quality. This proposed statewide Policy is designed to ensure that surface waters and ground waters are not contaminated by septic systems and are safe for beneficial uses.

According to the Policy, no impaired water bodies are identified in San Bernardino related to the use of septic systems and two impaired water bodies were identified in Imperial County and Riverside county in the Colorado Region
(http://www.waterboards.ca.gov/water_issues/programs/owts/policy.shtml). Nutrient- or pathogen-impaired waters are identified in Attachment 2 of the Policy. Owners of existing septic systems that are located near a specifically identified surface water body that exceeds water quality standards for bacteria or nitrogen compounds such as nitrates may have to take actions as directed by implementation plans developed by the State’s RWQCBs. The actions required may range from regular inspections to modifying or retrofitting existing septic systems.

At the statewide level, it is estimated that the new proposed Policy will affect less than two percent of current septic systems (or Onsite Wastewater Treatment System, OWTS, as the term used to refer to septic systems or septic tanks in the Policy); thus, more than 98 percent of current OWTS owners will not need to make any changes to their septic systems. If an individual OWTS is currently in good operating condition, and it is not near a stream, river, or lake that the SWRCB has identified in the Policy as possibly contaminated with bacteria and/or nitrogen related compounds from OWTS, then this proposed Policy will have little or no effect on that property owner.

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1.4.4 Region 7 Guidelines for Sewage Disposal from Land Developments
According to the Region 7 guidelines adopted in 1989, the minimum lot size of one-half acre (average gross) per dwelling unit is required for new developments in the region using on-site Septic tank systems. Several areas in the City appear to have an average gross lot size of less than one-half acre per dwelling unit. Although these guidelines do not apply to the existing developments, they represent the regulatory standard indicating that the RWQCB considers high-density residential developments as high risk areas. This SNMP and the proposed groundwater monitoring program were prepared to address issues specifically in the highdensity areas.

1.4.5 Anti-Degradation Policy Summary
State Water Resources Control Board Resolution 68-16, known as the Anti-Degradation Policy, requires that the CRWQCB regulate the discharge of waste materials to maintain the high quality of waters of the state. Waste Discharge Requirements for facilities must insure that beneficial uses of groundwater are not unreasonably affected. In addition, the facility must meet a standard of Best Practicable Treatment or Control (BPTC) for discharged wastes.

The “Statement of Policy with Respect to Maintaining High Quality of Waters in California,” known as the Antidegradation Policy, adopted in 1968, requires the continued maintenance of existing high quality waters. It provides conditions under which a change in water quality is allowable. A change must:
 Be consistent with maximum benefit to the people of the State,  Not unreasonably affect present and anticipated potential beneficial uses of water, and  Not result in water quality less than that prescribed in water quality control plans or policies.

1.5 District Water Planning and Previous Studies
Since 2000, the TPWD has developed groundwater management plans, urban water management plans and conducted a comprehensive groundwater study as the basis of the District’s water planning responsibilities. All these have been consulted in the preparation of this report. These include the following:

1.5.1 2010 Urban Water Management Plan (UWMP)
The Twentynine Palms 2010 UWMP was prepared in accordance with the California (CA) UWMP Act that applies to all CA water suppliers with 3,000 or more service connections, or that serve more than 3,000 AF of water in a wholesale or retail capacity. The main focus of the UWMP was to identify potential gaps in supply and demand through a 20 year time period for all major hydrological year types (normal, multiple dry, critical dry). Additionally the UWMP specified goals and implementation plans for the District to reach in order to be in compliance with SBX7-7 conservation requirements, along with contingency planning for periods of water shortage and investigations of potential water quality problems.

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In the preparation of this report the UWMP was used to reference historic water use throughout several Land Use (LU) categories, unaccounted-for-water use, SBX7-7 compliance water use targets and population projection results. These references were used as a basis for many of the calculations contained herein. The UWMP was also utilized as a general reference tool to gain knowledge of the District.

1.5.2 1997 Master Plan of Drainage (MPD)
The 1997 MPD contains significant information, analysis and recommendations related to the climate, geography, watershed delineation, soil hydrology and other characteristics of the Twentynine Palms region. At the time of its production the City of Twentynine Palms had experienced growth which the City expected to continue. To this end this plan was developed in order to lessen flooding problems associated with short, intense rains and to assist in the planning of future developments and facilities.

1.5.3 2008 Wastewater Treatment Plant, Joint-Use Study
The 2008 Wastewater Treatment Plant, Joint-Use Study for the Marine Corp Air Ground Combat Center (MCAGCC) explored the costs and impacts of establishing a joint-use wastewater treatment facility that the military base could share with the City. In exploring this possibility current water use conditions, wastewater generation predictions, population projections, groundwater conditions and ultimate system costs were generated for the City and MCAGCC. Ultimately, due to the cost of constructing a joint-use system, and due to that fact that there was no available evidence showing poor performance of the City septic system, the study recommended against a joint-use facility.

1.5.4 2008 Groundwater Management Plan
The 2008 Groundwater Management Plan (GMP) was an update from its 2001 predecessor. It was conducted to determine the condition of the groundwater basin quality and capacity, and to explore possible impacts to groundwater, drinking water quality and drinking water quantity as well as how to safeguard against them.

1.5.5 Other Relevant Data
Other relevant information referenced to develop this report include USGS and ESRI maps, studies and reports prepared for surrounding communities (Hi-Desert, Joshua Tree, Yucca Valley) and studies prepared for MCAGCC. Meetings with District and City personnel were conducted to obtain a thorough understanding of the their needs and to help gather additional information related to billing data, historical water use data, planning and development criteria and GIS information among others. The various reference documents are provided in the Reference section.

1.5.6 Groundwater Study
As discussed in the SNMP, the District took the lead to develop a numerical model for the Mesquite Lake Subbasin. Overall, the model is being used to make informed decisions in future management of groundwater resources in a sustainable manner while meeting increased water

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demand. The model was set up using the USGS MODFLOW-2000 (Kennedy/Jenks, 2010) and calibrated to the historical data. The main objective of the model was to simulate the long-term changes in groundwater elevation over time. The calibrated model demonstrated that the model is capable of simulating previously observed groundwater trends over time across the entire model domain. The model was used to evaluate the effects on groundwater levels of various potential future groundwater pumping scenarios. The model results indicated that shifting pumping to the Mesquite Lake Subbasin will mitigate the decline in groundwater levels in Indian Cove, Fortynine Palms, and Eastern Subbasins.

During the development of the model, extensive review of background studies on the groundwater basin hydrogeology was conducted. Data from the existing numerical groundwater model were used in the development of the water balance analysis in this SNMP which was used to calculate the sewer loading for the WWMP.

1.6 Report Organization
This Wastewater Master Plan (WWMP) is divided into six sections.  Section 1: Gives the introduction and purpose of this Wastewater Master Plan.  Section 2: Provides detailed description of the TPWD and City of Twentynine Palms service area and projections related to climate and population.  Section 3: Discusses historical and projected wastewater flows within the District, including the City limits and unincorporated areas.
 Section 4: Presents the methods, inputs and findings of the hydraulic model and hydraulic modeling process.
 Section 5: Evaluates the hydraulic analysis, SNMP findings and identifies collection and treatment facilities as well as discusses disposal options.  Section 6: Presents the summary and planning level costs associated with the District’s and City’s collection and treatment facilities for built-out conditions and potential implementation phasing considerations.

1.7 Abbreviations and Acronyms
Table 1-1 below give a list of the acronyms used in this report.

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TABLE 1-1

LIST OF ACRONYMS
AAF Average Annual Flow
ac Acre
ac-ft Acre-Feet
ADD Average Daily Demand
ADWF Average Dry Weather Flow
APN Assessor Parcel Number
AWWF Average Wet Weather Flow
CIP Capital Improvement Program
City City Of Twentynine Palms
CWRC California Water Recycling Criteria
d/D Depth To Diameter
dia. Diameter
DU Dwelling Unit
DU/ac Dwelling Unit Per Acre
EDU Equivalent Dwelling Unit
ft Feet
fps Feet Per Second
FY Fiscal Year
GIS Geographic Information System
gpad Gallons Per Acre Per Day
gpd Gallons Per Day
gpm Gallons Per Minute
HL Headloss
I/I Infiltration And Inflow
LF Linear Foot
LS Lift Station
MGD Million Gallons Per Day
MG Million Gallon
mg/l Million Gallon Per Liter
ml Milliliter
OWTS Onsite Wastewater Treatment System
PDWF Peak Dry Weather Flow
psi Pounds Per Square Inch
PWWF Peak Wet Weather Flow
RWQCB Regional Water Quality Control Board
SNMP Salt and Nutrient Management Plan
SWRCB State Water Resources Control Board
TPWD Twentynine Palms Water District
TSS Total Suspended Solids
UV Ultraviolet
WWMP Wastewater Master Plan

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Section 2: Background and Study Area
Section 2 presents a brief overview of the study area characteristics based on the previous studies and planning documents prepared in the Twentynine Palms area. Specifically, this section characterizes the local service area in relation to climate, land use, current and future projected population, water sources and, service area water demands, and the existing wastewater management, groundwater management and monitoring activities.

2.1 Study Area
The service area of the Twentynine Palms Water District (TPWD, the District) is located in the southern portion of the Mojave Desert, in San Bernardino County, approximately 72 miles due east of the City of San Bernardino and 35 miles northeast of the City of Palm Springs, as shown in Figure 1-1 in Section 1.The District supplies potable water to the City of Twentynine Palms, the Mainside area of MCAGCC as well as some unincorporated areas located to the Northwest of the City. The majority of the current land development is within the City and the District.

Currently, only small, low-density development is outside of the District and City boundaries but within the City’s sphere of influence (SOI). Based on the new land use/zoning of the City’s boundary, the City boundary has recently been extended to change the City's SOI to match that of the District. With this change, the City’s boundary extends beyond the current City limits and more closely matches that of the District and includes the unincorporated areas. The District service area encompasses approximately 86.6 square miles and includes the City. Throughout this Plan, the District service area and the Twentynine Palms service area are used interchangeably to refer to the general study area considered in this WWMP.

Currently, the District’s sole water source is its groundwater basins. The District’s service area is underlain by three groundwater basins, which are the Twentynine Palms Valley Groundwater Basin, the Joshua Tree Groundwater Basin and the Dale Valley Groundwater Basin. The Joshua Tree Groundwater Basin is located at the southern end of the City and is divided into three subbasins: Indian Cove, Fortynine Palms and Eastern subbasins. Location of the three basins in relation to TPWD boundaries can be seen in Figure 2-1. Currently, the District has 10 active wells from which it extracts the supply it uses to serve the City of Twenty-nine Palms and surrounding areas. Additionally, there are more than 400 private wells which serve parcels not connected to the distribution system; however most of these wells are not currently operated.

Historic records show that both pumping quantities and deliveries have steadily increased since inception in the mid 1950’s. Demand was near 2.4 MGD for an average day and deliveries totaled approximately 2,700 acre-feet (AF) in 2010. This demand is supplied to approximately 8,000 connections and a population of nearly 30,000, including the Military population at MCAGCC.

2.2 Land Use
Twentynine Palms current and projected primary land use is residential. Planned residential zoning varies from low density multifamily to rural living, with single family and rural land uses accounting for more than eighty percent of the City’s land area. Approximately eighty percent of the City’s current residential development is in single family homes.

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Figure 2-2 shows the City’s total percentage of land area occupied by specific land uses.

As can be seen in the figure, Land Use categories with similar characteristics are grouped together for planning purposes. For example, land use categories such as General Commercial, Mixed Use Commercial, Neighborhood Commercial etc. are lumped into a single Commercial land use category. These consolidated land use categories are used for estimating projected water demands for the District’s service area.

Commercial and Industrial Land Uses account for three percent of the land area and are located along the City’s main thoroughfares, which are Highway 62 traveling east and west and Adobe Road traveling North and South. The majority of future commercial and industrial zoning is also planned along these areas. Figure 2-3 shows the preferred Land Use for build-out conditions according to the City’s General Plan.

2.3 Climate and Rainfall
The study area is located in the southern portion of the Mojave Desert, also known as the “high desert”, in southern California. The weather is consistently arid. Temperature varies largely by season with the summer temperatures ranging from 80 to 110F and winter temperatures ranging from 20 to 60F. Annual rainfall totals approximately four inches with the majority of rainfall occurring during the late summer and winter months.

The climate in the District’s water service area is arid, with average annual rainfall of less than five inches, most of which occurs during the winter months. Temperatures range from 20 to 60F during the winter and from 80 to 110F degrees during the summer. Table 2-1 presents the region’s annual average climate data.

TABLE 2-1

TWENTYNINE PALMS CLIMATE DATA
Jan Feb Mar Apr May Jun
Standard Monthly
Average ETo(a) 1.59 2.20 3.66 5.08 6.83 7.80
Average Rainfall (inches) 0.4 0.3 0.4 0.1 0.1 0.0
Average Max.

Temperature (Fahrenheit) 63 68 74 82 91 101
Average Min.

Temperature (Fahrenheit) 36 39 43 49 57 65
Jul Aug Sep Oct Nov Dec Annual
Standard Monthly Average
ETo 8.67 7.81 5.67 4.03 2.13 1.59 57.06
Average Rainfall (inches) 0.7 0.8 0.5 0.3 0.3 0.4 4.3
Average Max. Temperature
(Fahrenheit) 105 103 98 86 72 63 84
Average Min. Temperature
(Fahrenheit) 72 70 64 53 42 35 52
Note:
(a) Standard Monthly Average ETo determined from CIMIS Station No. 118 Cathedral City.

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2.4 Topography
Figure 2-4 below shows the study area and the existing topography at 50-foot contours. As shown, the area generally slopes from the south west to the north east.

2.5 Geology
The Twentynine Palms Basin is in the eastern Mojave Desert geomorphic province. The principal landforms are Cenozoic alluvial fans and alluvial plains bordered by mountains composed of Precambrian and Mesozoic igneous and metamorphic basement rock (Figure 2-5).

The geology in the Twentynine Palms area primarily consists in Tertiary to Quaternary alluvium deposits in the basins enclosed by bedrock materials in the surrounding hills and mountains (Riley and Worts, 1953).

Several major faults traverse the District and are shown in Figure 2-6. These faults include the Pinto Mountain, Mesquite, Surprise Spring, and Calico Faults. These faults are significant in that they have offset alluvial sediments and have affected the movement of groundwater. The Mesquite Fault is a significant barrier to the easterly migration of groundwater, while the Pinto Mountain Fault also restricts groundwater movement from moving northward. (Haley & Aldrich, 2000) Additionally, an anticline on the northern boundary of the Twentynine Palms Valley Basin acts as a partial barrier to groundwater flow to the south.The faults also serve to delineate some of the basins. The Pinto Mountain Fault forms the southernmost boundary between the Twentynine Palms Valley and Joshua Tree Basins. The Twentynine Palms Valley Basin is constricted on the East by the Mesquite Fault and on the West by the Surprise Spring Fault.

2.6 Water Sources
As described in the SNMP, the study area considered in this Plan is mainly served by the District. Groundwater is the sole source of water in the District service area. The District neither receives water from a wholesaler nor supplies water to retail water purveyors. As described in the District’s 2010 UWMP (Kennedy/Jenks, 2011), groundwater will continue to be the sole source in the future and no additional sources of water are anticipated to be available to the District.

The District recognizes the importance of recycled water and water reliability; however, recycled water is not a feasible solution in the District service area, due to the small size of the system, low annual demand and the use of individual septic systems. The District has considered partnering with other agencies in the region; however, the nearest water agency is 25 miles away suggesting that an intertie is cost prohibitive. As such, at this time there are no opportunities for water recycling or programs that include recycled water. As an alternative, the District will invest in water conservation approaches to reduce demand and compensate for the lack of recycled water through developing approaches to emphasize outdoor water conservation.

Potable water is scarce in the District for several reasons. As discussed above, the area receives an average of only four inches of annual rainfall. There is negligible infiltration and recharge of direct precipitation in areas where the alluvial deposits are thick. In addition, a substantial amount of runoff is lost to evaporation after flowing into the basin. In addition to the

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scarce sources, water quality issues in groundwater due to naturally occurring soluble minerals, such as fluoride, make some of the water unsuitable for drinking water prior to treatment.

2.6.1 Groundwater
Groundwater pumping by the District is a good indication of water use in the study area as the District pumps groundwater as the sole source to meet the residential and non-residential water demand. As the majority of water use is the residential demand and outdoor water use is generally small, residential indoor water use (and in turn residential wastewater) is considered to be a large contributor to septic systems.

Historic pumping and water deliveries by the District have steadily increased since its formation in the mid-1950s. Annual pumping in the 1990s regularly exceeded 900 million gallons, approximately 2,760 acre-feet per year (AFY), with average daily delivery per service connection slightly under 400 gallons. Total water demand in the District was 2,674 AF in 2010, with a projected demand of 5,119 AF in 2035, based on the UWMP (Kennedy/Jenks, 2011).

Water provided by the District is derived from water supply wells located along the southern limit of the service area. The District has been historically pumping from the three subbasins that have high quality of water, but are over drafted. As of 2010, the District has ten (10) active production wells and pumps from the four different aquifers:
 Fortynine Palms Subbasin has two wells (Well #4 and Well #14)  Indian Cove Subbasin has five wells (Well #6, Well #9, Well #11, Well #12, and Well #15) and one well on standby
 Eastern Subbasin has two wells, one of which (Well #16) is used for water supply and another well for non-potable use
 Mesquite Lake Subbasin has one well (Well #TP-1).

Figure 2-7 shows the boundaries of the four groundwater subbasins in the Twentynine Palms area and locations of the District’s active supply wells. Also shown in Figure 2-7 are the District’s inactive wells. In addition to the District wells, available information indicates that more than 400 private wells have also been constructed within the District’s service area. Most of these wells are not currently operated. Among the private wells, locations of 250 wells are shown in Figure 2-7 approximately based on the parcel information where the wells are located.

2.7 Groundwater Subbasins
The Twentynine Palms area includes the Mesquite Lake, Indian Cove, Fortynine Palms, and Eastern Subbasins and a portion of the Dale Basin. This section defines the individual basins within the study area, as well as their bounding barriers and the degree to which they are effective (Figure 2-1 shown earlier).

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2.7.1 Indian Cove Subbasin
The Indian Cove Subbasin is located between the Joshua Tree Subbasin on the west and the Fortynine Palms Subbasin on the east. The basin is floored by bedrock, which generally slopes northward with depth to bedrock ranging from 100 to 1,200 feet below ground surface (Kennedy/Jenks, 2001, 2008, 2010). The Indian Cove Subbasin is defined by the Oasis Fault on the north, an unnamed fault and the Joshua Tree Subbasin on the west, an unnamed fault and the Fortynine Palms Subbasin on the east, and the bedrock of the Little San Bernardino Mountains on the south. The water level in the Indian Cove Subbasin is more than 250 feet above the water level in the Fortynine Palms Subbasin to the east, indicating that there is some barrier between the two basins, although its character is not defined.

2.7.2 Fortynine Palms Subbasin
The Fortynine Palms Subbasin is located directly east of the Indian Cove Subbasin. The known depth to bedrock in the basin is between 170 and 430 feet below ground surface making this the shallowest of the Subbasins (Kennedy/Jenks, 2001, 2008, 2010). The Fortynine Palms Subbasin is defined by the Oasis Fault on the north, an unnamed fault and the Indian Cove Subbasin on the west, an undetermined boundary with the Eastern Subbasin on the east, and the bedrock of the Little San Bernardino Mountains on the south.

2.7.3 Eastern Subbasin
The Eastern Subbasin is located immediately to the east of the Fortynine Palms Subbasin.

Groundwater supplies within the basin are limited, with most flow occurring in a shallow zone just above or just in the bedrock surface. The depth to bedrock varies from 160 to 750 feet (Kennedy/Jenks, 2001, 2008, 2010). The Eastern Subbasin is defined by the Oasis Fault on the north, an undetermined boundary with the Fortynine Palms Subbasin on the west; the eastern boundary is undetermined but may be a northward extension of the Pinto Mountains, and the bedrock of the Little San Bernardino Mountains on the south.

2.7.4 Mesquite Lake Subbasin
The Mesquite Lake Subbasin is located south of the Deadman Lake Subbasin. The northern boundary is the Transverse Arch, which separates it from the Deadman Lake Subbasin (Riley and Worts, 1952). The eastern boundary is the Mesquite Fault, which separates it from the Bullion Mountains in the northern part of the basin and the Dale Basin in the southern part of the basin. The southern boundary is a combination of the Oasis, Chocolate Drop, and Bagley Faults; although Riley and Worts (1953) state that the southern boundary is not well-defined in the western part of the basin. The western boundary is Copper Mountain, several faults (such as the Elkins/Surprise Spring Faults) and bedrock that is close to the surface, all of which severely restricts flow and separates this basin from the Copper Mountain Subbasin to the west.

The Dale Basin is located immediately to the east of the Mesquite Lake Subbasin. Little work has been done on the hydrogeology of the Dale Basin, as it is not a host to significant population, nor does it contain many wells. Its western boundary is the Mesquite Fault, which separates it from the Mesquite Lake Subbasin. The northern boundary is the Bullion Mountains.

The eastern boundary is the Sheep Hole Mountains. The southern boundary is the Pinto Mountains. The depth to bedrock in this basin is unknown.

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Section 3: Water Usage
This section describes the District’s water uses in terms of per capita flow for different categories as well as characteristics of the system that account for that demand.

Characteristics addressed include land uses, connection volume, customer type and seasonal demand variations. This section also contains discussion of future anticipated water use and its implications on the WWMP planning scenarios used in later portions of this report.

3.1 Historic Water Use
Since 1994, water demands within the District have ranged from about 2490 AF to approximately 3,129 AF (Table 3-1). Typically the annual fluctuations are primarily in response to weather conditions. Typically, water demands are higher during hotter, drier years because more water is needed for landscape irrigation, and lower during cooler, wetter years when less irrigation is required. For example the District’s water demand in 2005, a wetter than average year in California, was less than in years 2007 through 2009 which was California’s last drought period (Table 3-1).

TABLE 3-1

HISTORIC WATER USE
Year Demand (AF)
1994 2,730
1995 2,490
1996 2,617
1997 2,609
1998 2,613
1999 2,717
2000 2,817
2001 2,944
2002 3,129
2003 3,048
2004 2,933
2005 2,831
2006 3,030
2007 2,981
2008 2,860
2009 2,805
2010 2,674
2011 2,564
Average 2,800

3.1.1 Water Demand Classification by Customer Type
As shown in Table 3-2 and Figure 3-1 the single largest customer category and user within the District is single family residential customers. Single family homes account for nearly 56%, or

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1,704 AF, of the 2011 annual demand. The multifamily residential customer class accounted for the next largest portion of demand, accounting for 14%, or 437 AF. Primary metered, Commercial and Industrial or Institutional and irrigation customers accounted for the remaining demand categories. Unmetered and unaccounted for water comprised approximately 17% of the 2011 demand allocation. Into the future these patterns of demand are expected to continue as single family residential and multifamily residential make up a large majority of the non-rural parcels in the District area.

TABLE 3-2

HISTORIC WATER DEMAND BY CUSTOMER TYPE (AF)
Customer Type 2000 2005 2010 2011
Single Family Residential 1,686 1,717 1,682 1,704
Multi-Family Residential 552 564 414 437
Commercial/Institutional 339 291 278 280
Landscape Irrigation 111 108 115 118
Other (Fire Protection/ Non-Potable) 131 153 83 24
Unaccounted for Water 430 468 326 504
Total Water Use 3,249 3,301 3,000 3,068

3.1.2 Water Demand Classification by Number of Connections The District’s nearly 8,000 service connections serve a variety of different customer types, including residential, commercial, institutional, and landscape customers (Table 3-3, Figure 3-2).

Ninety-four percent of the District’s total service connections are residential; seventynine percent single family and fourteen percent multi-family. The next largest user are Commercial and Institutional accounts with about four percent of the total connections.

Landscape irrigation and “other” accounts make up the remaining two percent of the customers.

TABLE 3-3

HISTORIC NUMBER OF SERVICE CONNECTIONS BY CUSTOMER TYPE Customer Type 1994 2000 2005 2009 2010 2011(a)
Single Family
Residential 5,956 5,237 5,895 6,314 6,368 6,011
Multi-Family Residential 824 1,047 1,045 1,110 1,111 1,094 Commercial/Institutional 333 379 456 362 363 324
Landscape Irrigation
(Potable) 0 15 18 26 29 29
Other NA(a) 104 4 108 112 113
Landscape Irrigation
(Recycled) 0 0 0 0 0 0
Commercial/Institutional
(Recycled) 0 0 0 0 0 0
Total 7,113 6,782 7,418 7,920 7,983 7,571
Note:
(a) 2011 Connection data is for active connections. 1994-2010 data lists total connections

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As expected, the majority of the water use occurs within the residential sector. Typically, multifamily service connections serve multiple residences and therefore use more water per service connection. While they comprise a little over four percent of the District’s service connections, commercial and institutional customers account for nearly ten percent of the District’s consumption.

Figure 3-3 compares the number of service connections the City has for its four major customer types with the demand for each customer type. The District’s dedicated landscape irrigation customers — customers with separate meters specifically for landscape water use — account for four percent of the District’s total water use. Except for these few accounts equipped with dedicated landscape irrigation meters, outdoor water use is not metered separately from indoor use.

3.1.3 Historic Water Demand Seasonal Variation
Water usage data was collected from the District for 2010-2012. Figure 3-4 below shows the distribution of average water usage for single family, multi-family and commercial users. As shown, the majority of the water is used by SF accounts for almost 162,000 ccf during summer high temperature months.

Multi-family uses ranges from about 20,000 cfs to 40,000 cfs in summers. Non-residential water usage ranges from as low as 15,000 cfs in winters to a 25,000 cfs high during summers.

3.1.4 Non-Revenue Water
Unaccounted for water, also called non-revenue water is the difference between the amount of water that enters the District’s distribution system and the amount of water distributed to the District’s customers. Unaccounted for water is water lost from the distribution system through a variety of ways, both authorized and unauthorized, including water for firefighting, pipe flushing, leakage from pipelines, meter error, and theft. Table 3-4 shows the non-revenue water trend over the past few years.

TABLE 3-4

HISTORIC PRODUCTION, SALES AND LOSSES
Year
Water (AFY)
Production Sales Unaccounted Percent
2000 3,248 2,818 430 13.2%
2001 3,250 2,945 305 9.4%
2005 3,300 2,832 468 14.2%
2009 3,035 2,805 230 7.6%
2010 3,000 2,674 326 10.9%
2011 3,068 2,564 504 16.4%
Total 7,113 6,782 7,418 7,920

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3.2 Project Planning Scenarios
The approaches used for population estimation, wastewater flow calculations and projections, using historical water usage data, were categorized by the use of three planning scenarios. The flow calculations were developed for these three scenarios for consistency with the Salt and Nutrient Management Plan. The three scenarios which were analyzed are described below.

Because the proposed service area is not currently sewered, there is an absence of accurate information to quantify or estimate the actual per-capita wastewater flow production. As such, potable water consumption data is used to estimate wastewater flow rates by determining sewer return ratios and per capita duty factors to estimate future projections.

3.2.1 Current Scenario: Baseline
The “current” scenario corresponds to development conditions for 2010-2011. This was selected for two main reasons:
 The City updated its General Plan in 2011 which reflects the latest information available for use in the WWMP study; and
 The most recent water usage data collected from the District was from 2010-2011.

3.2.2 2035 Scenario
The year 2035 was selected as an intermediate planning scenario consistent with the SNMP.

This year was selected because it corresponds to the planning horizon of the District’s Urban Water Master Plan and the City’s General Plan. The 2035 Scenario assumes the continued use of septic systems and future septic loading to meet anticipated increases in population and water demands and evaluates the potential for the continued discharges from septic systems to the groundwater.

3.2.3 Build-Out Scenario
This is based on the City of Twentynine Palms General Plan and represents the ultimate buildout land use and water demand. For near-term projections, existing water demands are used to predict wastewater flows. For the longer term build-out scenarios, wastewater flows are projected on the basis of unit wastewater flow production for each type of land use. The estimated unit wastewater flow for both residential and non-residential was used to project wastewater usage for the area.

3.3 Population Projections
For this study the method of projecting populations used in the City of Twentynine Palms UWMP has been incorporated, and modified as necessary. This method centers around projecting the population based on the number of dwelling units inhabited and combining it with the average number of persons housed per dwelling unit.