Twentynine Palms City Council
August 23, 2022

Rank Street Start End PCI Repair Length Width Area Maintenance REPAIR Year

OL-OVERLAY

CS-CHIP SEAL

RC-RECONSTRUCT

SS-SLURRY SEAL
AS-Advanced Seal Micro Surface
92 MARINE AVE TWO MILE ROAD EL PASEO DR 98 SS 2640 26 68640 OL 2015 2015 234 MESQUITE AVEGORGONIO DR 29 PALMS HWY 98 SS 1216 26 31616 OL 2015 2015 20 RAYMOND DR 300 FT WEST OF ADOBEADOBE ROAD 91 SS 5280 23 121440 OL 2015 AS 2015 187 SHERMAN HOYT AVE OLD DALE ROAD TWENTYNINE PALMS O HWY 98 SS 1400 20 28000 OL 2015 2015 410 TAMARISK AVE OLD DALE ROAD CEDAR AVE 98 SS 322 20 6440 OL 2015 2015 TWO MILE RD UTAH TRAIL ADOBE RD 97 AS 5211 38 AS 2015 2015 62 UTAH TRAIL 700’ S OF JOE DAVIS DRTWENTYNINE PALMS HWY 95 SS 3168 30 95040 AS 2015 2015 36 UTAH TRAIL AMBOY ROAD TWO MILE ROAD 95 SS 5280 38 200640 AS 2015 2015 347 UTAH TRAIL JOE DAVIS DR 700’ S OF JOE DAVIS DR 95 SS 700 52 36400 AS 2015 2015 188 UTAH TRAIL TWO MILE ROAD JOE DAVIS DR 92 SS 1330 34 45220 AS 2015 2015 223 WAINWRIGHT AVE TWO MILE ROAD JOE DAVIS DR 98 SS 1253 24 30072 OL 2015 2015 77 OLD DALE ROADHILL SIDE AVE ADOBE RD 90 SS 2727 24 65448 OL 2016 2016 47 VALLE VISTA ROADADOBE ROAD CONDOR RD 81 AS 2429 24 58296 OL 2016 2016 6 ADOBE ROAD INDIAN TRAIL AMBOY ROAD 95 SS 7920 64 506880 AS 2017 2017 38 ADOBE ROAD INDIAN TRAIL SUNNY SANDS DR (CITY LIMIT) 95 SS 5280 73 385440 AS 2017 2017 65 AMBOY ROAD ADOBE RD DESERT KNOLL AVE 94 SS 2659 37 98383 AS 2017 2017 66 AMBOY ROAD DESERT KNOLL AVE UTAH TRAIL 94 SS 2642 56 147952 AS 2017 2017 5 AMBOY ROAD BULLION MOUNTAIN RDBAGDAD HWY 82 AS 5260 24 126240 CS 13 AS 17 AS 2017 3 AMBOY ROAD UTAH TRAIL BAGDAD HWY 81 AS 5278 28 147784 CS 13 AS 17 2017 74 AZTEC AVE DESERT KNOLL AVE TWO MILE ROAD 87 AS 2910 30 87300 OL 2017 2017 1 BASELINE RD BEDOUIN AVE END 78 AS 6336 24 152064 AS 2017 2017 50 CACTUS DR MISSION AVE EUCALYPTUS AVE 78 AS 2400 24 57600 OL 2017 AS 2018 2017 132 DESERT DUNES DRADOBE RD AZTEC AVE 83 AS 1500 27 40500 OL 2017 2017 256 EL SOL AVE 29 PALMS HWY HATCH RD 87 AS 1065 27 28755 OL 2017 2017 197 JUANITA DR EUCALYPTUS AVE ESTRELLA AVE 70 OL 500 26 13000 OL 2017 2017 176 MANANA DR ADOBE ROAD AZTEC AVE 84 AS 1229 31 38099 OL 2017 AS 2018 2017 51 MANZANITA AVE29 PALMS HWY HATCH RD 91 SS 3915 24 93960 OL 2017 2017 141 MONTE VISTA DRIVE GORGONIO DR 29 PALMS HWY 82 AS 1274 24 30576 OL 2017 2017 230 PALO VERDE AVECACTUS DR OLD DALE ROAD 85 AS 1006 26 26156 OL 2017 2017

Rank Street Start End PCI Repair Length Width Area Maintenance REPAIR Year

OL-OVERLAY

CS-CHIP SEAL

RC-RECONSTRUCT

SS-SLURRY SEAL
AS-Advanced Seal Micro Surface
134 PALO VERDE AVEDESERT DUNES DR TWO MILE ROAD 95 SS 2600 37 96200 OL 2017 2017 247 SIESTA DR ADOBE ROAD AZTEC AVE 82 AS 1234 28 34552 OL 2017 2017 12 TWO MILE ROADMESQUITE SPRINGS ROADADOBE ROAD 94 SS 5211 38 198018 AS2017 AS 2017 16 UTAH TRAIL 1937‘ S OF ROCKY ROADWELLOCK ROAD 93 SS 4500 17 76500 AS 2017 2017 27 UTAH TRAIL 29 PALMS HWY BASELINE ROAD 94 SS 5280 36 190080 AS 2017 2017 15 UTAH TRAIL BASELINE ROAD 1937’ S OF ROCKY RD 92 SS 5862 34 199308 AS 2017 2017 7 UTAH TRAIL WELLOCK ROAD JOSHUA PARK GATE 93 SS 5220 17 88740 AS 2017 2017 4 VALLE VISTA ROADUTAH BAGDAD HWY 81 AS 5261 12 63132 AS 2017 2017 29 VALLE VISTA ROADBAGDAD HWY BULLION MOUNTAIN 91 SS 5255 12 63060 AS 2017 2017 28 ADOBE ROAD TWO MILE ROAD AMBOY ROAD 94 SS 5280 88 464640 CS 2018 CS/SS 2018 412 CASIA DR WHITE SANDS DR DESERT DUNES DR 90 SS 342 33 11286 AS 2018 2018 172 DESERT KNOLL AVE 160’ N OF MANANA DR SAMARKAND DR 96 SS 1640 30 49200 AS 2018 2018 314 DESERT KNOLL AVE TWO MILE ROAD 160’ N OF MANANA DR 97 SS 820 46 37720 AS 2018 2018 299 DESERT TRAIL DROASIS AVE BAGLEY AVE 91 SS 931 30 27930 OL 2018 2018 113 EL PASEO DR PANORAMA AVE ENCELIA AVE 96 SS 2600 25 65000 AS 2018 2018 75 EL SOL AVE HATCH RD FOOTHILL DR 87 AS 2850 26 74100 AS 2018 2018 149 ENCELIA AVE EL PASEO DR SUNNYSLOPE DR 92 SS 1320 50 66000 AS 2018 2018 167 ENCELIA AVE EL PASEO DR 500’ S OF GORGONIO DR 94 SS 1584 28 44352 AS 2018 2018 425 FLORIDA CT MIMOSA AVE 175’ E OF MIMOSA AVE 93 SS 175 33 5775 AS 2018 2018 323 FLORIDA DR REGINO ST MIMOSA AVE 95 SS 750 33 24750 AS 2018 2018 196 GORGONIO DR MARPOSA MORONGO RD 87 AS 1100 26 28600 OL 2018 2018 383 INDIAN TRAIL 488’ W OF ADOBE ADOBE ROAD 93 SS 488 56 27328 AS 2018 2018 254 LUCKIE AVE TWO MILE ROAD JOE DAVIS DR/END 95 SS 1256 70 87920 2018 2018 260 MIMOSA AVE SUNNYSLOPE DR SUN FLOWER DR 94 SS 1110 33 36630 AS 2018 2018 114 PANORAMA AVEEL PASEO DR SUNNYSLOPE DR 96 SS 2600 25 65000 AS 2018 2018 173 PLAYA VISTA DRADOBE RD DESERT KNOLL AVE 95 SS 1934 28 54152 AS 2018 2018 258 SAMARKAND DRCASIA DRIVE DESERT KNOLL AVE 92 SS 1178 34 40052 AS 2018 2018 242 SOUTH SLOPE DRADOBE RD OCOTILLO AVE 90 SS 1231 24 29544 OL 2018 2018

Rank Street Start End PCI Repair Length Width Area Maintenance REPAIR Year

OL-OVERLAY

CS-CHIP SEAL

RC-RECONSTRUCT

SS-SLURRY SEAL
AS-Advanced Seal Micro Surface
148 SULLIVAN RD MORONGO RD EL SOL AVE 85 AS 1720 25 43000 OL 2018 2018 324 SUN FLOWER DRMIMOSA AVE REGINO ST 95 SS 745 33 24585 AS 2018 2018 275 SUN VALLEY DR REGINO ST ENCELIA AVE 94 SS 1050 33 34650 AS 2018 2018 112 SUNNYSLOPE DRSUNRISE DR ENCELIA AVE 96 SS 2600 27 70200 AS 2018 2018 428 SUNNYVALE CT MIMOSA AVE 175’ E OF MIMOSA AVE 95 SS 175 33 5775 AS 2018 2018 346 SUNNYVALE DR MIMOSA AVE REGINO ST 95 SS 750 33 24750 AS 2018 2018 11 SUNRISE ROAD TWO MILE ROAD 29 PALMS HWY 87 AS 5280 24 126720 AS 2018 AS 2018 127 TAMARISK AVE BAGLEY AVE 29 PALMS HWY 84 AS 1804 31 55924 OL 2018 2018 19 TWO MILE ROADMORONGO RD MESQUITE SPRINGS RD 95 SS 5359 38 203642 AS 2018 AS 2018 21 TWO MILE ROADSUNRISE ROAD MORONGO RD 95 SS 5280 38 200640 AS 2018 AS 2018 378 VERBENA DR CHOLLA ADOBE RD 88 AS 478 33 15774 OL 2018 2018 160 WHITE SANDS DRADOBE RD AZTEC AVE 88 AS 1660 28 46480 AS 2018 2018 336 WHITE SANDS DRDESERT KNOLL AVE PLAYA VISTA DR 95 SS 895 27 24165 AS 2018 2018 9 WILSHIRE AVE 29 PALMS HWY BASELINE ROAD 72 OL 5280 24 126720 CS 2018 CS/SS 2018 145 YUCCA AVE BUENA VISTA DR 29 PALMS HWY 87 AS 1550 27 41850 OL 2018 2018 40 ADOBE ROAD TWO MILE ROAD 29 PALMS HWY 95 SS 5186 88 456368 CS 2019 2019 278 BULLION AVE 29 PALMS HWY OLD DALE ROAD 94 SS 1222 22 26884 OL 2019 2019 110 CACTUS DR ADOBE ROAD HILLSIDE AVE 94 SS 2900 29 84100 OL 2019 2019 129 DIDSBURY ROADADOBE ROAD END 85 AS 2000 24 48000 OL 2019 2019 297 HILLSIDE AVE SUMMIT DR OLD DALE ROAD 93 SS 1068 21 22428 OL 2019 2019 257 PINE AVE 29 PALMS HWY OLD DALE ROAD 87 AS 1197 32 38304 OL 2019 2019 245 SMOKE TREE AVECACTUS DR OLD DALE ROAD 90 SS 1224 24 29376 OL 2019 2019 246 SPLIT ROCK AVE29 PALMS HWY OLD DALE RD 90 SS 1222 30 36660 OL 2019 2019 424 SUMMIT DR HILL SIDE AVE BULLION AVE 95 SS 242 27 6534 OL 2019 2019 181 TAMARISK AVE CACTUS DR OLD DALE ROAD 84 AS 1214 27 32778 OL 2019 2019 281 YUCCA AVE CACTUS DR OLD DALE ROAD 94 SS 1218 21 25578 OL 2019 2019 240 ALADDIN DR MAUDE ADAMS AVE SAHARA AVE 92 SS 1255 24 30120 CS 2020 2020 401 ARABY AVE BASELINE RD 137’ S OF SERRANO DR 96 SS 437 30 13110 CS 2020 2020 52 BASELINE RD UTAH TRAIL BEDOUIN AVE 90 SS 3696 24 88704 CS 2020 2020

Rank Street Start End PCI Repair Length Width Area Maintenance REPAIR Year

OL-OVERLAY

CS-CHIP SEAL

RC-RECONSTRUCT

SS-SLURRY SEAL
AS-Advanced Seal Micro Surface
99 BEDOUIN AVE BASELINE RD MORNING DR 88 AS 3200 26 83200 CS 2020 2020 217 GRANITE AVE DATURA AVE SOUTH END 92 SS 1333 24 31992 CS 2020 2020 232 INDIANOLA DR MAUDE ADAMS AVE SAHARA AVE 92 SS 1290 24 30960 CS 2020 2020 225 JOE DAVIS DR WAINWRIGHT AVE UTAH TRAIL 92 SS 1337 60 80220 CS 2020 2020 169 KELLOGG AVE BASELINE RD SUNRISE DR 91 SS 1873 26 48698 CS 2020 2020 100 MAUDE ADAMS AVE BASELINE RD MORNING DR 95 SS 3200 26 83200 CS 2020 2020 59 MORNING DR UTAH TRAIL BEDOUIN AVE 92 SS 3700 24 88800 CS 2020 2020 67 NORTH STAR AVEBASELINE RD MORNING DR 88 AS 3200 26 83200 CS 2020 2020 250 ROSE ELLEN AVESUNNYSLOPE DR END 81 AS 638 33 21054 CS 2020 2020 78 SAHARA AVE BASELINE RD MORNING DR 91 SS 3200 26 83200 CS 2020 2020 123 SALADIN AVE BASELINE MORNING DR 94 SS 3200 26 83200 CS 2020 2020 101 SHERMAN HOYT AVE BASLINE RD MORNING DR 93 SS 3200 26 83200 CS 2020 2020 49 SUNRISE DR UTAH TRAIL BEDOUIN AVE 85 AS 3700 24 88800 CS 2020 2020 48 SUNSET DR UTAH TRAIL 737’ E OF BEDOUIN AVE 89 AS 4400 22 96800 CS 2020 2020 405 TWILIGHT DR UTAH TRAIL BEDOUIN AVE 89 AS 370 24 8880 CS 2020 2020 18 COPPER MOUNTAIN RD 29 PALMS HWY FOOTHILL DR 83 AS 3348 26 87048 OL RAYMOND WAYYUCCA AVE MESQUITE SPRINGS 88 AS 4381 24 105144 OL 47 VALLE VISTA ROADADOBE ROAD CONDOR RD 81 AS 2429 24 58296 OL 108 VALLE VISTA ROADCONDOR ROAD UTAH 96 SS 2740 24 65760 OL

Rank Street Start End PCI repair Length Width Area
10 MESQUITE SPRINGS RD SUNNY SANDS DR INDIAN TRAIL 87 AS 5280 12 63360 14 MOJAVE ROAD 29 PALMS HWY END 66 RC 5266 20 105320
22 INDIAN COVE ROAD 29 PALMS HWY SOUTH CITY LIMIT 93 SS 5280 32 168960 31 SUN VALLEY DR SUNNYVALE DR ADOBE RD 87 AS 4800 34 163200 32 EL PASEO DR LUPINE AVE LARREA AVE 86 AS 3674 24 88176 37 BAGDAD HWY VALLE VISTA RD MESA RD 92 SS 5225 24 125400 39 BULLION MOUNTAIN RD MESA DR AMBOY RD 89 AS 5244 12 62928 41 MORONGO RD SUNNYSLOPE DR 250’ S OF JOSHUA 85 AS 3200 24 76800 42 BAGDAD HWY MESA DR AMBOY ROAD 93 SS 5236 24 125664
43 BULLION MOUNTAIN RD VALLE VISTA RD MESA DR 93 SS 5207 12 62484 46 SUNNYVALE DR MORONGO RD LARREA AVE 83 AS 3246 26 84396 55 PINE AVE OLD DALE ROAD SULLIVAN RD 68 RC 1295 20 25900 56 EL PASEO DR MESQUITE SPRINGS RD SMOKE TREE AVE 94 SS 4530 36 163080 57 ALPINE AVE 29 PALMS HWY FOOTHILL DR 93 SS 4200 22 92400 60 ADOBE CIRCLE TWO MILE ROAD TWO MILE ROAD 87 AS 2850 24 68400 61 EUCALYPTUS AVE 29 PALMS HWY FOOTHILL DR 93 SS 3842 25 96050 63 SHERMAN ROAD 29 PALMS HWY SOUTH END 55 RC 4095 18 73710 64 NATIONAL PARK DR 550' S OF COTTONWOOD DR 29 PALMS HWY 96 SS 3120 44 137280 68 BAILEYA AVE SAMARKAND DR TWO MILE ROAD 85 AS 2602 28 72856 70 SERRANO DR UTAH TRAIL E OF SHERMAN HOYT AVE 92 SS 3313 26 86138 73 ALTA LOMA DR UTAH TRAIL END (DIRT) 92 SS 3234 26 84084 76 PINON DR UTAH TRAIL MARICOPA DR 96 SS 3168 33 104544 79 CANYON ROAD COTTONWOOD DR FORTYNINE PALMS CANYON RD 91 SS 2656 18 47808 80 LA BUENA TIERRA AVE TWO MILE ROAD LARREA AVE 84 AS 2329 24 55896 81 SAMARKAND DR ENCELIA AVE MORONGO RD 86 AS 2640 28 73920 82 MANANA DR ENCELIA AVE MORONGO RD 88 AS 2640 26 68640 83 MESQUITE SPRINGS RD EL PASEO DR TWO MILE ROAD 91 SS 2629 44 115676 84 ESTRELLA AVE OLD DALE ROAD FOOTHILL DR 90 SS 2640 19 50160 85 SUN VALLEY DR MORONGO RD LA BUENA TIERRA AVE 90 SS 2611 24 62664 86 MESQUITE SPRINGS RD AMBOY ROAD RAYMOND DR 96 SS 2600 16 41600 87 LUPINE AVE SUNNYSLOPE DR 29 PALMS HWY 96 SS 3700 37 136900 88 MESQUITE SPRINGS RD EL PASEO DR 29 PALMS HWY 96 SS 2586 36 93096 90 BAGLEY AVE TWO MILE ROAD EL PASEO DR 98 SS 2640 33 87120 91 MARIPOSA AVE SAMARKAND DR TWO MILE ROAD 88 AS 2640 30 79200

Rank Street Start End PCI repair Length Width Area
93 ENCELIA AVE SAMARKAND DR TWO MILE ROAD 91 SS 2632 26 68432 98 OLD DALE ROAD LUPINE AVE EL SOL AVE 92 SS 2712 22 59664 104 CHIA AVE SAMARKAND DR TWO MILE ROAD 92 SS 2640 32 84480 105 ABRONIA AVE TWO MILE ROAD SAMARKAND DR 92 SS 2640 35 92400 111 QUAIL SPRING AVE SULLIVAN RD ALTA LOMA DRIVE 89 AS 2600 24 62400 115 SAMARKAND DR W OF OASIS AVE ADOBE ROAD 96 SS 2600 52 135200 117 SADDLE HORN ROAD 300‘ W OF FLYING H RD 230’ E OF HOOK TREE RD 97 SS 2268 24 54432 119 MESQUITE AVE NATIONAL PARK DR COTTONWOOD DR 84 AS 1431 30 42930 122 MORONGO RD SAMARKAND DR TWO MILE ROAD 95 SS 2636 24 63264 125 JOSHUA DR ADOBE RD DESERT KNOLL AVE 93 SS 2609 37 96533 126 CAHUILLA AVE SAMARKAND DR TWO MILE ROAD 90 SS 2606 28 72968 128 LUPINE AVE SAMARKAND DR TWO MILE ROAD 91 SS 2609 30 78270 131 DIAMOND BAR ROAD SADDLE HORN ROAD DESERT KNOLL AVE 83 AS 2200 24 52800 133 PINE SPRING AVE 29 PALMS OUTER HWY SULLIVAN RD 95 SS 2600 24 62400 135 DAISY AVE SAMARKAND DR TWO MILE ROAD 95 SS 2593 30 77790 136 SIESTA DR ENCELIA AVE MORONGO RD 87 AS 1640 36 59040 137 DIAMOND BAR ROAD 240’ E OF HOOK TREE 500’ WEST OF T ANCHOR 98 SS 2000 24 48000 138 MORONGO RD HATCH RD SULLIVAN RD 95 SS 2533 24 60792 139 DESERT KNOLL AVE 700’ S OF JOE DAVIS DR TWO MILE ROAD 98 SS 2000 30 60000 140 QUAIL SPRING AVE 29 PALMS OUTER HWY SULLIVAN RD 95 SS 2515 24 60360 142 MANANA DR MESQUITE SPRINGS RD LAZY JOE AVE 85 AS 1262 26 32812 143 SADDLE HORN ROAD UTAH TRAIL END 97 SS 1807 24 43368 144 GORGONIO DR ALFALFA AVE CANYON RD 85 AS 1256 24 30144 147 OLD DALE ROAD UTAH TRAIL MAUDE ADAMS AVE 92 SS 2026 26 52676 150 ROUNDUP ROAD AMBOY ROAD END 98 SS 1792 24 43008
151 PERSIA AVE BASELINE RD SUNRISE DR 91 SS 2000 34 68000 152 DESERT KNOLL AVE BUENA VISTA DR 29 PALMS HWY 89 AS 1906 28 53368 153 GALLETA AVE TWENTYNINE PALMS OUTER HWY COTTONWOOD DR 92 SS 1877 22 41294 155 CHOLLA AVE BUENA VISTA DR 29 PALMS HWY 90 SS 1654 28 46312 156 DATURA AVE JUANITA DR SULLIVAN RD 93 SS 1940 25 48500 157 OASIS AVE TWO MILE ROAD 1700’ N TO END 91 SS 1700 26 44200 158 IVANPAH AVE SULLIVAN ROAD ALTA LOMA DRIVE 98 SS 1676 24 40224 161 CANYON ROAD 29 PALMS HWY COTTONWOOD DR 96 SS 1966 22 43252 164 BAGLEY AVE EL PASEO DR SPLIT ROCK AVE 98 SS 1600 36 57600

Rank Street Start End PCI repair Length Width Area
165 FORTYNINE PALMS CANYON RD CANYON RD COUNTY LINE 89 AS 1703 18 30654 166 CACTUS DR PANORAMA AVE ENCELIA AVE 87 AS 1300 22 28600 170 LUPINE AVE TWO MILE ROAD SUNNYSLOPE DR 94 SS 1566 22 34452 174 BUENA VISTA DR SPLIT ROCK AVE ADOBE RD 95 SS 1927 34 65518 175 NORTH STAR AVE OLD DALE ROAD TWENTYNINE PALMS OUTER HWY 86 AS 1100 25 27500 177 VALLE VISTA ROAD SAHARA AVE HILLSIDE AVE 98 SS 1500 34 51000 178 VIA ALLEGRA 29 PALMS HWY END 83 AS 1600 20 32000
180 EL REY AVE NICOLSON DR 29 PALMS HWY 98 SS 1491 24 35784 182 DATURA AVE SULLIVAN RD FOOTHILL DR 87 AS 1200 24 28800 184 BERMUDA AVE COTTONWOOD DR 300‘ S OF 29 PALMS HWY 90 SS 1613 16 25808 189 FOOTHILL DR UTAH TRAIL ARABY AVE 88 AS 1280 28 35840 190 LAZY JOE AVE SIESTA DR TWO MILE ROAD 91 SS 1376 20 27520 191 ENCELIA AVE TWO MILE ROAD SUNNYSLOPE DR 96 SS 1305 36 46980 192 FOOTHILL DR MANZANITA AVE EL SOL AVE 87 AS 1300 28 36400 194 HOMESTEAD DR OASIS AVE SMOKE TREE AVE 88 AS 1351 32 43232 199 FLYING H ROAD SADDLE HORN ROAD DIAMOND BAR ROAD 97 SS 1265 24 30360 200 SULLIVAN RD INDIAN COVE ROAD COPPER MOUNTAIN RD 90 SS 1265 24 30360 201 JUNIPER AVE SULLIVAN ROAD FOOTHILL DR 87 AS 1260 26 32760 202 FORTYNINE PALMS AVE SULLIVAN RD FOOTHILL DR 90 SS 1251 22 27522 203 OCOTILLO AVE CACTUS DR COTTONWOOD DR 93 SS 1466 28 41048 206 PERSIA AVE 29 PALMS HWY OLD DALE ROAD 88 AS 1296 33 42768 207 TWENTYNINE PALMS OUTER HWY PANORAMA AVE ENCELIA AVE 91 SS 1285 21 26985 208 CALLIE TODD LN ADOBE ROAD E OF FELIPE TRAIL 84 AS 1051 26 27326 210 CANYON ROAD GORGONIO DR 29 PALMS HWY 98 SS 1280 20 25600 211 NATIONAL PARK DR MARA AVE UTAH TRAIL 96 SS 1215 67 81405 214 SIESTA DR MESQUITE SPRINGS RD LAZY JOE AVE 94 SS 1270 26 33020 215 ALPINE AVE SUNNYSLOPE DR TWO MILE ROAD 90 SS 1419 26 36894 218 SULLIVAN RD INDIAN COVE ROAD E OF MONTE VISTA 90 SS 1200 20 24000 219 CACTUS DR CAHUILLA AVE MANZANITA AVE 83 AS 700 25 17500 221 BULLION AVE SULLIVAN RD FOOTHILL DR 92 SS 1260 24 30240 222 HOOK TREE RD SADDLE HORN RD DIAMOND BAR RD 97 SS 1258 24 30192 224 MANANA DR DESERT KNOLL AVE EAST TO END 98 SS 1250 33 41250 226 NATIONAL PARK DR MARA AVE 550' S OF COTTONWOOD DR 96 SS 1185 58 68730 228 CIENEGA AVE GORGONIO DR 29 PALMS HWY 98 SS 1231 27 33237

Rank Street Start End PCI repair Length Width Area
229 JUANITA DR PANORAMA AVE ENCELIA AVE 92 SS 1300 21 27300 231 ATHOL AVE GORGONIO DR 29 PALMS HWY 93 SS 1223 27 33021 235 OLD DALE ROAD COPPER MTN RD INDIAN COVE ROAD 90 SS 1154 24 27696 236 LA BUENA TIERRA AVE 29 PALMS HWY HATCH ROAD 95 SS 1534 26 39884 237 MOJAVE AVE 29 PALMS HWY OLD DALE ROAD 95 SS 1348 20 26960 238 DESERT TRAIL DR ADOBE RD AZTEC AVE 98 SS 1195 27 32265 239 HILLSIDE AVE 277’ N OF SUNNYVALE EL PASEO DR 90 SS 1132 35 39620 241 ESTRELLA AVE OLD DALE ROAD 29 PALMS HWY 91 SS 1319 24 31656 243 CALLIE TODD LN DESERT QUEEN AVE ADOBE ROAD 95 SS 1300 64 83200 248 DESERT QUEEN AVE BUENA VISTA DR 29 PALMS HWY 94 SS 1152 28 32256 249 INDIAN COVE ROAD GORGONIO DR 29 PALMS HWY 95 SS 1285 22 28270 251 HOMESTEAD DR MESQUITE SPRINGS RD LAZY JOE AVE 93 SS 1284 26 33384 252 WILDCAT WAY DATURA AVE MESQUITE SPRINGS RD 93 SS 1276 32 40832 253 DESERT QUEEN AVE 29 PALMS HWY OLD DALE ROAD 87 AS 1213 26 31538 255 SAGE AVE PINON DR NATIONAL PARK DR 95 SS 1424 28 39872 259 CRESTVIEW DR UTAH TRAIL W END OF SCHOOL 96 SS 1056 28 29568 263 BUENA VISTA DR LUPINE AVE Morongo Rd 98 SS 1100 26 28600 264 SERRANO DR ADOBE ROAD FOOTHILL DR 88 AS 1100 22 24200 265 EL REY AVE 29 PALMS HWY HATCH RD 92 SS 1383 20 27660 266 LA LUNA AVE 29 PALMS HWY HATCH RD 90 SS 1220 23 28060 267 CHOLLA AVE 29 PALMS HWY OLD DALE ROAD 93 SS 1217 31 37727 268 ROBERTS AVE SULLIVAN RD FOOTHILL DR 88 AS 1077 30 32310 270 DESERT QUEEN AVE SAMARKAND DR CALLIE TODD LN 96 SS 1265 33 41745 271 JUANITA DR LA BUENA TIERRA AVE JUNIPER AVE 98 SS 1061 21 22281 272 TWENTYNINE PALMS OUTER HWY COPPER MTN RD INDIAN COVE RD 91 SS 1258 22 27676 274 SULLIVAN RD UTAH TRAIL ARABY AVE 98 SS 1330 22 29260 276 PALMVIEW AVE GORGONIO DR 29 PALMS HWY 96 SS 1229 24 29496 279 STARDUNE AVE HATCH RD SOUTH END 87 AS 1100 34 37400 280 FOOTHILL DR ADOBE RD 217’ E OF SERRANO DR 82 AS 951 22 20922 282 VERENDA AVE CORBIN RD FRIENDY LN 96 SS 975 33 32175 283 MESQUITE DR MESQUITE AVE COTTONWOOD DR 92 SS 1082 26 28132 284 SAHARA AVE 29 PALMS HWY OLD DALE ROAD 95 SS 1290 23 29670 285 ALFALFA AVE GORGONIO DR 29 PALMS HWY 93 SS 1289 24 30936 287 TWENTYNINE PALMS OUTER HWY LEAR AVE INDIAN COVE ROAD 94 SS 1200 20 24000

Rank Street Start End PCI repair Length Width Area
289 COTTONWOOD DR MARA DR UTAH TRAIL 91 SS 1180 28 33040 290 TIMOTHY AVE GORGONIO DR 29 PALMS HWY 93 SS 1257 24 30168 292 SPLIT ROCK AVE FRIENDLY LN CORBIN RD 96 SS 935 33 30855 293 SUNNYVALE DR OCOTILLO AVE AZTEC AVE 90 SS 925 32 29600 295 ALPINE AVE SUNNYSLOPE DR EL PASEO DR 85 AS 888 26 23088 298 ALTA LOMA DR INDIAN COVE ROAD IVANPAH AVE 92 SS 1000 24 24000 301 OLD DALE ROAD OCOTILLO AVE MESQUITE DR 91 SS 1104 34 37536 302 SUNNYSLOPE DR BAGLEY AVE ADOBE RD 91 SS 1033 37 38221 303 T-ANCHOR DR DIAMOND BAR ROAD END 97 SS 878 24 21072 304 CACTUS DR ADOBE RD NATIONAL PARK DR 89 AS 984 33 32472 306 JUNIPER AVE LARREA AVE 560‘ S OF GRANITE AVE 86 AS 962 26 25012 308 MAUDE ADAMS AVE OLD DALE ROAD PALM VISTA DR 89 AS 940 20 18800 309 NORTH STAR AVE FOOTHILL DR SULLIVAN RD 97 SS 1056 28 29568 310 DESERT TRAIL DR LA BUENA TIERRA AVE ALPINE AVE 96 SS 1056 22 23232 311 OASIS AVE 29 PALMS HWY OLD DALE ROAD 93 SS 1206 28 33768 313 ARABY AVE OLD DALE ROAD SULLIVAN RD 95 SS 1100 28 30800 315 YUCCA AVE EL PASEO DR BAGLEY AVE 96 SS 1018 35 35630 316 CACTUS DR MONTE VISTA DRIVE END 86 AS 625 22 13750
317 LUPINE AVE CACTUS ROAD OLD DALE RD 93 SS 1082 22 23804 318 LA LUNA AVE TWO MILE ROAD DESERT TRAIL 93 SS 954 28 26712 319 ELM AVE SULLIVAN RD FOOTHILL DR 95 SS 1078 32 34496 320 JOSHUA DR LUPINE AVE MORONGO RD 95 SS 1077 22 23694 321 FUCHSIA ROAD TWO MILE ROAD END 45 RC 877 15 13155
322 AZTEC AVE LUCKIE AVE UTAH TRAIL 87 AS 670 48 32160
325 SALADIN AVE OLD DALE ROAD PALM VISTA DR 94 SS 944 32 30208 327 ENCELIA AVE 29 PALMS HWY 500’ S OF GORGONIO DR 93 SS 875 30 26250 328 SUNMORE PKWY HOOK TREE RD AMBOY RD 98 SS 777 24 18648 330 COTTONWOOD DR MONTE VISTA DRIVE END 87 AS 625 24 15000 331 BOLING DR BULLION AVE SPLIT ROCK AVE 91 SS 846 22 18612 332 SAINT ANDREWS DR CYPRESS POINT END 83 AS 805 24 19320 333 SPLIT ROCK AVE BOLING DR FOOTHILL DR 81 AS 608 22 13376 334 SUNMORE PKWY AMBOY RD FLYING H RD 96 SS 777 24 18648 337 CIVIC CENTER DR SMOKE TREE AVE ADOBE RD 97 SS 668 33 22044 338 ASPEN DR DATURA AVE MISSION AVE 87 AS 750 24 18000

Rank Street Start End PCI repair Length Width Area
339 COTTONWOOD DR ADOBE ROAD MESQUITE AVE 91 SS 700 24 16800 340 DESERT KNOLL AVE AMBOY RD END 94 SS 822 36 29592
341 MISSION AVE HATCH RD SULLIVAN RD 91 SS 821 25 20525 344 CHEMEHUEVI DR MARA AVE SAGE AVE 91 SS 816 28 22848
345 CYPRESS POINT DIAMOND BAR RD END 81 AS 558 24 13392 348 MARICOPA DR MARA AVE SAGE AVE 95 SS 824 24 19776
349 JOE DAVIS DR SHERMAN HOYT AVE END 83 AS 691 22 15202 350 CEDAR AVE JOSHUA DR 29 PALMS HWY 98 SS 639 20 12780 351 COTTONWOOD DR CANYON ROAD BERMUDA AVE 89 AS 631 30 18930 352 MARINE AVE JOSHUA DR 29 PALMS HWY 98 SS 630 20 12600 353 HOMESTEAD DR ADOBE ROAD SMOKE TREE AVE 97 SS 592 32 18944 354 STARLIGHT DRIVE UTAH TRAIL WEST TO END 93 SS 620 24 14880 355 WEST COURT WAY JOSHUA DR EAST COURT WAY 98 SS 620 28 17360 357 EAST COURT WAY WEST COURT WAY JOSHUA DR 98 SS 616 28 17248 358 JUNIPER AVE JUANITA DR OLD DALE ROAD 91 SS 613 24 14712 359 SPLIT ROCK AVE BOLING DR SULLIVAN RD 92 SS 647 28 18116 360 PINON DR UTAH TRAIL NORTH STAR AVE 87 AS 500 28 14000 361 JUNIPER AVE 29 PALMS HWY JUANITA DR 92 SS 643 20 12860 362 OLD DALE ROAD MONTE VISTA DR END 92 SS 625 24 15000 363 MARICOPA DR PINON DR CACTUS DR 90 SS 620 32 19840
364 MORONGO RD TWO MILE ROAD 620’ S OF TWO MILE RD 90 SS 620 30 18600 365 HALL LANE TWO MILE ROAD END 88 AS 538 36 19368
366 MARINE AVE TWO MILE ROAD MANANA DR 98 SS 575 33 18975 367 AZTEC AVE BUENA VISTA DR GORGONIO DR 98 SS 574 34 19516 368 CORBIN RD OASIS AVE VERENDA ST 97 SS 675 33 22275
371 MANANA DR SMOKE TREE AVE ADOBE ROAD 98 SS 553 32 17696 372 RAYMOND DR ADOBE ROAD END 96 SS 613 25 15325
373 SMOKE TREE AVE MANANA DR HOMESTEAD DR 98 SS 541 31 16771 374 FORTYNINE PALMS AVE TWENTYNINE PALMS HWY WASH AT S END 85 AS 500 36 18000 375 MORNING DR UTAH TRAIL WEST TO END 95 SS 602 24 14448 376 FRIENDY LN VERENDA AVE 140’ W OF SPLIT ROCK 97 SS 505 33 16665 377 CACTUS DR UTAH TRAIL NORTH STAR AVE 93 SS 584 22 12848 379 VERBENA DR EAST COURT WAY ATHOL AVE 97 SS 488 29 14152 380 STARDUNE AVE 29 PALMS HWY NORTH TO END 93 SS 567 28 15876

Rank Street Start End PCI repair Length Width Area
381 LUCKIE AVE AZTEC AVE PLAYA VISTA DR 92 SS 529 33 17457 382 TWILIGHT DR UTAH TRAIL WEST TO END 95 SS 619 24 14856 384 CACTUS DR LUPINE AVE CAHUILLA AVE 90 SS 456 23 10488 385 OASIS AVE DESERT TRAIL DR TWO MILE ROAD 92 SS 500 26 13000 386 CACTUS WREN DR MARINE AVE WEST TO END 98 SS 465 33 15345 387 PALO VERDE AVE 29 PALMS HWY JOSHUA DR 97 SS 672 27 18144 388 CLARE AVE DESERT TRAIL DR SUNNYSLOPE DR 94 SS 528 22 11616 389 SMOKE TREE AVE EL PASEO DR CIVIC CENTER DR 97 SS 420 26 10920 390 TWENTYNINE PALMS OUTER HWY BERMUDA AVE END 94 SS 440 22 9680 391 FOOTHILL DR COPPER MOUNTAIN RD IVANPAH AVE 88 AS 405 20 8100 392 SKY VIEW LANE TWO MILE ROAD END 82 AS 288 27 7776
393 GRANITE AVE DATURA AVE ROSE ELLEN AVE 92 SS 457 33 15081 394 INN AVE NATIONAL PARK DR COTTONWOOD DR 95 SS 630 26 16380 395 BAGLEY AVE HOMESTEAD DR TWO MILE ROAD 98 SS 394 24 9456 396 FOOTHILL DR BULLION AVE 400’ E OF BULLION AVE 58 RC 482 16 7712 397 HISTORIC PLAZA HOMESTEAD DR TWO MILE ROAD 96 SS 359 104 37336 398 PALO VERDE AVE GORGONIO DR JOSHUA DR 97 SS 548 27 14796 399 VALLE VISTA ROAD 69’ W OF CHOLLA ROAD ADOBE ROAD 96 SS 355 36 12780 400 MISSION AVE 235’ S OF 29 PALMS HWY JUANITA DR 92 SS 400 24 9600 402 ELK TRAIL 29 PALMS HWY 397’ S OF 29 PALMS HWY 93 SS 397 34 13498 403 SHERMAN HOYT AVE ALTA LOMA DR 123‘ S OF SERRANO 95 SS 448 23 10304 408 CIENEGA AVE 29 PALMS HWY CACTUS DR 98 SS 328 36 11808 409 SMOKE TREE AVE OLD DALE ROAD CEDAR DR 98 SS 322 21 6762 413 BERMUDA AVE 29 PALMS HWY 300’ S OF 29 PALMS HWY 91 SS 300 27 8100 414 VETERANS WAY ADOBE ROAD OCOTILLO AVE 98 SS 300 26 7800 415 FORTYNINE PALMS AVE OLD DALE ROAD NORTH TO END 92 SS 300 24 7200 416 SALADIN AVE SERRANO DR BASELINE RD 95 SS 347 27 9369 417 STIRRUP LANE SADDLE HORN RD END 97 SS 260 24 6240
418 MISSION AVE 29 PALMS HWY 235’ S OF 29 PALMS HWY 95 SS 235 30 7050 419 MORONGO RD SUNNYSLOPE DR 250’ N TO END 92 SS 250 27 6750 420 SUN COURT YUCCA AVE END 96 SS 281 36 10116
421 JOSHUA DR CEDAR AVE MARINE AVE 98 SS 276 20 5520
422 MANTONYA RD TWENTYNINE PALMS HWY 200’ S OF 29 PALMS HWY 96 SS 200 24 4800 423 INDIAN CIRCLE CACTUS DR END 92 SS 210 22 4620

Rank Street Start End PCI repair Length Width Area
426 CEDAR AVE MANANA DR 175’ N OF MANANA DR 98 SS 175 33 5775 427 DATURA AVE TWENTYNINE PALMS HWY N TO END 96 SS 155 35 5425 429 CORTA WAY CACTUS DR END 91 SS 242 24 5808
430 CAMINO NORTE UTAH TRAIL END 52 RC 170 24 4080
431 CASIA DR SAMARKAND DR DESERT DUNES DR 91 SS 157 34 5338 432 RAMONA ROAD ADOBE ROAD 139‘ W OF ADOBE ROAD 94 SS 139 24 3336 433 WEST COURT PLACE WEST COURT WAY 29 PALMS HWY 96 SS 128 27 3456 434 CASTLE DR VERENDA AVE CALLIE TODD LN 98 SS 130 33 4290 435 EAST COURT PLACE EAST COURT WAY 29 PALMS HWY 98 SS 128 27 3456 436 OASIS AVE SAMARKAND DR CORBIN RD 95 SS 128 33 4224
437 COSTA DRIVE SUN VALLEY DRIVE END 91 SS 121 33 3993

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 23 2022
SUBJECT: Housing Transition Support.

RECOMMENDATION:

The City Council consider funding Morongo Basin Arch for a loan of $50,000, $10,000 per month for five months, until they receive grant funding from San Bernardino County.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• MB ARCH funding request
BACKGROUND:

The City Council has identified the need to help support the lack of housing opportunities within the City of Twentynine Palms. The City understands and realizes this is a problem not only in Twentynine Palms, but across the County, State, and Nation. Due to the additional resources within the Transient Occupancy Tax (TOT), the City Council gave policy direction to direct $100,000 in the 2022/23 budget to help with the lack of funding.

Morongo Basin Arch, a good strategic partner for the City, has proposed the attached. Within their proposal, they will repay the City through some of their grants:

HHAP 1 Funds - They are approved and awaiting funds from the County processing, process is slow -- $48K HHAP 2 Funds - Morongo Basin Arch has been approved for $130K, but they are not sure when these funds will be available.

Morongo Basin Arch has needs NOW to support families, and this funding will help bridge the funding gap until those grant funds come into the organization.

Aside from this potential funding, Staff needs to find other opportunities with these funds to support affordable housing, as directed by Council.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose to grant the funds, or provide other policy direction.

FISCAL IMPACT:

City Council approved $100,000 in the fiscal 2022/23 budget from the additional resources from Transient Occupancy Tax (TOT) from the growing VHR TOTs for furtherance of helping to bridge the gap with the lack of housing.

Morongo Basin ARCH
Project Proposal
August 8, 2022
Purpose:

To augment funds available to Morongo Basin ARCH in the City of Twentynine Palms for services to prevent homelessness such as paying rent payment arrears, water bills (Eviction Prevention), paying deposits and the first month rent on a new rental (Rapid-Rehousing), paying for a short-term emergency stay in a local motel or in one of our Twentynine Palms Homes (Emergency Sheltering) and cover operating expenses at our office where client intakes are received.

Reason:

Morongo Basin ARCH is currently waiting on funding for a payment request from our HHAP 1 grant from the County. We now have about $60,000 left in HHAP 1.

We are also waiting for funds to become available from HHAP 2 (about $130,000) which we were awarded. Those funds may not be available for several months.

Lastly, we have an ESG grant and are using our HHAP 1 grant funds to fund housing services we have been providing to the Morongo Basin. These funds for repayment may also take several months to return to us. When we do receive a repayment, we will have funding returned to our HHAP 1 account for Eviction Prevention, Rapid-Rehousing and Emergency Sheltering.

The reason our funding is being depleted faster then we expected is because the economy has changed. There are now many more calls for help because more people are at risk of losing their housing due to lack of enough income to pay the higher costs of gas, food and now rent. This leads to not paying rent. The second problem is the cost of moving into a new rental especially if the renter is in a lower Income bracket and can't pay the deposit and fees to move In. These are the two reasons lower Income Individuals and families become homeless and stay homeless. Emergency Sheltering becomes necessary at times If the individual or family Is homeless, especially without a vehicle to live in. Families with young children are especially targeted for help.

Request:

Morongo Basin ARCH is requesting funding to handle the growing calls this month for help with Eviction Prevention, Rapid-Rehousing and Emergency Sheltering for residents of Twentynine Palms who are either homeless or at risk of homelessness. Due to our now restricted budget, we are unable to meet these requests for assistance. Just in the last week we have received calls for help from residents of Twentynine Palms after loss of housing due to a fire, sales of rentals, and loss of incomes causing failure to pay rents. We usually pay around $1000 to $3000 per a client for arrears and Rapid-Rehousing. Emergency Sheltering can be anywhere from $86 to $100 or higher a night in a local motel or $450 in one of our homes for a month if there is space available. We also need funding for operating expenses such as a monthly insurance premium that is required by the County for ARCH to carry and utility bills for our office where we receive calls for assistance.

We are asking for a grant or a loan of $10,000 a month for 5 months totaling $50,000. That is, by the end of this year we should have funding available to pay a loan back to the City of Twentynine Palms, or if this is a grant be more financial stable, but we would like to keep the payback time more flexible as it is difficult to predict when the County will release funds.

We will verify all expenses by keeping a report on these expenditures with their receipts and an address for the clients to show they live in the City of Twentynine Palms.

Thank you for offering to support us,
(L.

Astrid Johnson
Morongo Basin ARCH

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 23 2022
SUBJECT: City Manager Contract Amendment.

RECOMMENDATION:

The City Council Subcommittee (Mayor O'Gilvie and Mayor Pro Tem Wright) recommend the adjustments to the City Manager's contract totaling $5,837 or 2.0% with the details below:

1. An increase of 3.5% for Cost of Living Adjustment (COLA) or $7,032;

2. An increase of $3,000 towards deferred compensation or 50%;

3. A decrease of $5,457 opting out of medical insurance or 64.5%;

4. An increase of $879 towards PERS contribution;

5. An increase of $281 towards Workers' comp;

6. An increase of $102 towards Medicare;
ORDER OF PROCEDURE:

Request Staff Report (City Council Subcommittee
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• City Manager Contract
• Contract History
BACKGROUND:

The City Manager, Frank J. Luckino, was appointed as City Manager on March 23rd, 2015. The City Council reviews the City Manager annually. The City Council met on June 14, 2022 in closed session to review the performance and gave the City Manager a positive review. The last salary adjustment was on February 22, 2021.

The Council formed a personnel committee consisting of Mayor O'Gilvie and Mayor Pro Tem Wright that have recommended the above adjustments to the compensation package.

The adjustments will be effective on August 8, 2022.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose to add/change/delete any of the recommendations. Page 167 of 195 FISCAL IMPACT:

The total cost for this proposed adjustment is $5,837 inclusive of wage and benefits.

RESTATED AND AMENDED CITY MANAGER EMPLOYMENT AGREEMENT
This AGREEMENT (“Agreement”) is entered into so as to be effective as of August 23, 2022 (the “Effective Date”), by and between the CITY OF TWENTYNINE PALMS, a California municipal corporation (“City”) and FRANK LUCKINO (“City Manager”) and is intended to restate and amend the Agreement between the parties dated March 23, 2015.

RECITALS
A. The City requires the services of a City Manager and has determined that City Manager has the necessary education, experience, skills and expertise to serve as the City’s City Manager; and
B. The City Council of the City (the “City Council”) desires to employ the City Manager to serve as the City Manager of the City; and
C. The City Manager desires to be employed by and serve as the City Manager of the City; and
D. The Parties mutually desire to enter into this Agreement setting forth the terms and conditions of the City Manager’s appointment and employment as the City Manager of the City.

NOW THEREFORE, in consideration of the facts recited above, and the covenants, conditions and provisions below, the Parties agree as follows:

COVENANTS
SECTION 1. DUTIES.

1.1 The City hereby appoints and employs City Manager as the City Manager of the City, to perform the functions and duties specified in the ordinances and resolutions of the City, and to perform the legally permissible and proper duties and functions as the City Council may from time-to-time assign.

1.2 The City Manager shall be the chief executive officer of the City and shall be responsible to the City Council for the proper administration of all affairs of the City.

1.3 The Parties acknowledge that the City Council may also designate the City Manager as the chief executive officer of other City-related governmental entities, including but not limited to the Successor Agency to the Dissolved Twentynine Palms Redevelopment Agency, or any financing authority, nonprofit corporation or joint powers authority created by the City or to which the City is a party, but City Manager will receive no additional compensation or benefits other than those provided in this Agreement.

1.4 The City Manager shall perform his duties to the best of his ability and in accordance with the highest professional and ethical standards of the profession. The City Manager shall comply with all rules and regulations established by the City Council or State law

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and shall not engage in any activity which is or may become a conflict of interest, prohibited by contract, or which may create an incompatibility of office as defined under California law.

1.5 City Manager shall remain in the exclusive employ of the City during the term of this Agreement. However, City Manager may engage in occasional teaching, writing or consulting performed outside of the City’s normal business hours, so long as such activities do not interfere with the City Manager’s performance of his duties under this Agreement, or conflict with the City Manager’s obligations to the City.

1.6 The Parties acknowledge that the City Manager is an exempt employee who is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager’s position. The City Manager does not have set hours of work as the City Manager is expected to be available at all times. However, it is also recognized that the City Manager devotes a great deal of time outside the normal business hours to the business of the City and, to that end, the City Manager’s schedule of work each day and week shall vary in accordance with the work required to be performed.

1.7 The City shall bear the full cost of any fidelity or other bonds required of the City Manager.

SECTION 2. COMPENSATION AND BENEFITS.

The City shall provide the following compensation to the City Manager during the term of this Agreement:

2.1 Salary.

The City shall pay the City Manager salary in the amount of Two Hundred and Seven Thousand Nine Hundred Sixty Dollars
($207,960) per annum for his services, payable in installments at the same time and in the same manner as the City pays other employees of the City. City Manager’s salary shall be subject to customary withholding for taxes and other required deductions.

2.1.1 Subject to performance evaluations in accordance with Section 3, and except as noted in 2.1.3, the City may increase, but not decrease, the City Manager’s salary by minute action without the need to amend this Agreement.

2.2 Benefits.

2.2.1 The City Manager shall be entitled to all of the benefits, rights and privileges accorded across the board to all executive management employees (department heads) including but not limited to paid holidays, vacation, sick leave, retirement benefits and payments, deferred compensation, health insurance, vision insurance, dental insurance, long term disability and life insurance, except as otherwise provided in this Agreement. In the event of any conflict

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between this Agreement and any resolution fixing compensation and benefits for executive management employees of the City, this Agreement shall control.
(a) Unused Sick time DOES NOT have any cash value.

2.2.2 City Manager shall accrue vacation time at the rate of 160 hours per annum.

2.2.3 City Manager shall be allocated a maximum of eighty (80) hours of administrative/personal leave each year. Accrued but unused administrative/personal leave may not be rolled over to the next year and may not be sold back to the City.

2.2.4 Acknowledging that City Manager’s duties require that he always have the use of an automobile during his employment with the City.

The City shall reimburse the City Manager Five Hundred Dollars ($500.00) per month for the expenses of owning, maintaining, and insuring a personal automobile. The amount of the reimbursement shall be evaluated each fiscal year and, if appropriate, adjusted to reflect increased costs.

2.2.5 The City shall provide City Manager a monthly cell phone allowance equal to One Hundred Dollars ($100) per month.

2.2.6 The City Manager shall pay the City Manager’s share of the contribution, currently 8%, under the City’s defined contribution retirement plan for non-public safety employees under the Public Employees Retirement System (“PERS”), or such other retirement program in which the City may be participating.

2.2.7 City agrees to deposit Seven Hundred Fifty Dollars ($750.00) per month as deferred compensation into Manager’s International City Management Association Retirement Corporation (ICMARC)
Section 401 Money Purchase Plan or Section 457 Deferred Compensation Plan or such other qualified retirement plan as may be designated by City Manager as permitted by law.

2.2.8 In addition to the amounts set forth in Section 2.2.7, City agrees to deposit an additional Two Hundred Fifty Dollars ($250.00) per month as deferred compensation into Manager’s Section 457 Deferred Compensation Plan or such other qualified retirement plan as may be designated by City Manager as permitted by law for each month that City Manager has elected to opt out of the City’s medical insurance program, beginning August 1, 2017. In the event City Manager elects to opt back into the City’s medical insurance program, the additional compensation set forth in this paragraph shall cease, and City Manager shall be provided with health

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insurance benefits at same level as other employees (currently the PERS lowest single plan).

2.2.9 City shall pay up to Two Thousand Five Hundred Dollars ($2,500.00) annually for the cost of membership in relevant professional organizations and/or the cost of relevant training, career development or educational programs. City Manager shall annually provide to the City Council an accounting of the expenditures as set forth in this Section.

2.2.10 City agrees to contribute $1,500 annually towards the City Manager’s Flex Spending or equivalent for the benefit of out-ofpocket medical expenses.

2.2.11 All the provisions of this Section 2 are subject to the provisions and limitations of the Internal Revenue Code and its related regulations as amended from time to time. No requirement of any provision of this Section 2 shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations, and the inability of the City to effectuate such requirement shall not constitute a breach of this Agreement.

SECTION 3. PERFORMANCE EVALUATIONS.

3.1 The Parties mutually acknowledge that periodic performance evaluations are an important means by which the City Council and the City Manager may ensure effective communications regarding expectations and performance. In this regard, the City Council recognizes that, for the City Manager to respond to its needs and to grow in the performance of the City Manager’s position, the City Manager requires evaluation from the City Council regarding his performance.

3.2 The City Council shall conduct an evaluation of the City Manager’s performance annually each year during the term of this Agreement. In addition, the City Council may periodically review the City Manager’s performance, and the City Manager may periodically request feedback from the City Council regarding his performance.

3.3 In conjunction with each performance review during the term of this Agreement, the City Council shall develop goals or other performance objectives as it determines necessary for the proper operation of the City and for the attainment of the City Council’s policy goals and objectives; and the City Council shall establish a relative priority among these goals and performance objectives. In addition, the City Council shall develop specific criteria for the conduct of the City Manager’s performance evaluation. These established goals, performance objectives and criteria shall serve as the basis for the City Manager performance evaluations.

3.4 In connection with each performance review, the City Manager shall prepare and distribute to the City Council a written description outlining the previous period’s accomplishments relative to the goals and performance objectives established for that period. The City Council shall consider the City Manager’s written description in conducting its performance

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evaluation. Upon the conclusion of the performance evaluation, the City Council shall meet with the City Manager to discuss the results of the evaluation, and the City Council shall take any action as may be necessary because of the performance evaluation. As part of the performance evaluation, the City Council shall establish goals and performance objectives for the following period based upon the results of the just-completed performance evaluation.

SECTION 4. SEPARATION.

4.1 Resignation. The City Manager may resign at any time but shall endeavor to give the City at least thirty (30) days advance notice of the effective date of his resignation.

Manager is not entitled to Severance pay as set herein upon his voluntary resignation.

4.2 Termination Without Cause. A City Manager is an at-will employee serving at the pleasure of the City Council as provided in Government Code § 36506 and Section

2.01.010 of the Twentynine Palms Municipal Code.

4.2.1 By majority vote, the City Council may terminate the City Manager’s appointment and remove the City Manager at any time.

As used in this Section, “termination” shall include actual termination, a request that the City Manager resign, or the elimination of the City Manager’s position. Notice of termination shall be provided to the City Manager in writing.

4.2.2 The City Manager shall not be removed without cause during the 120-day period immediately following any City election for membership on the City Council.

4.2.3 If the City Council terminates the City Manager’s appointment without cause pursuant to this paragraph 4.2 while the City Manager is willing and able to perform the duties of City Manager, the City shall pay to the City Manager a cash payment equal to three months’ salary compensation then in effect as provided in paragraph 2.1.1 above [as well as 2.1.4 if applicable], (hereinafter, “Severance”).

The Severance amount shall increase by one month’s salary, per Section 2.1.1 and 2.1.4 if applicable, for each full year of service rendered by City Manager, but in no event shall the Severance amount exceed 6 months’ salary.

4.2.4 In addition to the Severance, the City shall extend to the City Manager the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”).

4.2.5 In addition to the Severance and COBRA (Consolidated Omnibus Budget Reconciliation Act) benefits, the City Manager shall be entitled upon termination without cause to all compensation accrued up to the date of termination, such as payment of unused vacation and sick leave, and such other termination benefits in accordance

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with City’s Personnel Rules and Regulations, or as may be required by law.

4.3 Termination for Cause.

4.3.1 By majority vote, the City Council may terminate the City Manager at any time, for cause. As used in this Agreement, “cause” shall mean only one or more of the following:
(a) Conviction of a felony or a misdemeanor that either involves moral turpitude or that adversely affects the City’s or the City Manager’s reputation.
(b) Malfeasance, which shall mean and refer to wrongful or unlawful acts committed by the City Manager, which the City Manager has no legal right or authority to perform, and which interrupts, interferes with or are contrary to the performance of his official duties.
(c) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the City Manager’s duties; or (d) Repeated and protracted unexcused absences from the City Manager’s office and duties.

4.3.2 Notice of Termination for cause shall be provided to the City Manager in writing.

4.3.3 If the City terminates City Manager for cause, the City Manager shall be entitled only to the compensation accrued up to the date of termination, payments of all unused accrued vacation and sick leave, and such other termination benefits and payments as may be in accordance with City’s Personnel Rules and Regulations, or as may be required by law. The City Manager shall not be entitled to any Severance benefits provided by paragraphs 4.2.3 in the event of a termination for cause.

4.4 Investigations. If the City provides paid leave to City Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4 and should the investigation lead to a conviction, City Manager shall fully reimburse the City for any salary provided for that purpose, as required by Government Code section 53243.

SECTION 5. MISCELLANEOUS.

5.1 Business Expenses. The City shall reimburse the City Manager for all reasonable City-related business expenses incurred by the City Manager in accordance with City policy.

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5.2 Other Conditions of Employment. After consultation with the City Manager, the City Council, by resolution, may fix any other terms and conditions of the City Manager’s employment as the City Council may from time to time determine, provided such terms and conditions are not inconsistent with the provisions of this Agreement or law.

5.3 Indemnification. The City shall defend, hold harmless and indemnify the City Manager against any claim, demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of the City Manager’s duties as City Manager. The City shall pay the amount of any settlement or judgment thereon, provided that the City Manager cooperates in the defense of the claim, demand, or action; in this regard, the City shall have the discretion to compromise or settle any such claim, demand or action and pay the amount of any settlement or judgment rendered thereon. Notwithstanding the foregoing, the City shall have no duty to indemnify, defend, or hold the City Manager harmless from any criminal proceeding, or about any civil, criminal, or administrative proceeding initiated by the City Manager.

5.4 Conflict of Interest. The City Manager shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which conflicts with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties. The City Manager shall also be subject to the conflict-of-interest provisions of the California Government Code and any conflict-of-interest codes applicable to the City Manager’s employment with the City.

5.5 Notices. Any notice required by this Agreement shall be in writing and shall be either given in person or by first class mail with the postage prepaid, addressed as follows:

To City: Twentynine Palms City Council
c/o Mayor
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
To City Manager: Frank Luckino
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277

5.6 Construction and Interpretation. This Agreement shall be construed in accordance with the laws of the State of California and as if drafted jointly by both parties. In this regard, the City and the City Manager each represent to the other that it has had the opportunity to consult with legal counsel regarding the terms and conditions in this Agreement prior to its execution.

5.7 Integration and Amendment. This Agreement represents the entire understanding of the City and the City Manager as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered

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by this Agreement. Except as specifically authorized by this Agreement, this Agreement may not be modified, altered or amended, except in writing approved by the City Council and the City Manager, and signed by the City Manager and the Mayor of the City.

5.8 Assignment; Personal Contract. This Agreement is not assignable by either the City or the City Manager. The Parties acknowledge that this Agreement is the personal services agreement, for the personal services of the City Manager.

5.9 Severability. If any provision of this Agreement is held or determined to be illegal, invalid or void by reason of any final, non-appealable judgment, order or decision of a court having authority over the parties, the remainder of the Agreement shall remain in full force and effect unless the parts found to be illegal, invalid, or void are inseparable from the remaining portion of the Agreement.

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

CITY OF TWENTYNINE PALMS
By:______________________________
Karmolette O’Gilvie
Mayor
ATTEST:
_____________________________
Cindy Villescas
City Clerk
APPROVED AS TO FORM:
____________________________
A. Patrick Muñoz
City Attorney

CITY MANAGER

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By:______________________________
Frank J Luckino

Guzzetta 2013 Luckino 2015 Luckino 2016 Luckino 2017 Luckino 2018 Luckino 2019 Luckino 2020 Luckino Feb 2021 Luckino July 2022 Dif

96.60 99.98
Base Salary $ 184,000.00 159,000/19,000 165,420/15,025 172,947/10,889 182,257/6,565 $ 192,795.00 No Increase $ 200,928.00 $ 207,960.08 $ 7,032.08 Deferred Comp $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 9,000.00 $ 3,000.00 Medical Declined $ 6,000.00 $ 6,300.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 8,457.00 $ 3,000.00 $ (5,457.00) Vehicle $ - $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ - Cell Phone $ - $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ - Memberships not negotiated $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ - FSA $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ -
EMPC 8% $ 14,720.00 0 0 0 0 0 0 0
Total $ 204,720.00 199,700.00 202,445.00 202,536.00 207,522.00 212,995.00 226,585.00 231,260.06 $ 4,575.08 Admin 80 HR 40 HR 40 HR 80 HR 80 HR 80 HR 80 HR 80 hr
Vacation 40 HR + 6.15 PP 4.62 PP 4.62 PP 4.62 PP 4.62 PP 4.62 PP 6.15 PP 6.15 PP Sick 40 HR + 3.69 PP 3.69 PP 3.69 PP 3.69 PP 3.69 PP 3.69 PP 3.69 PP 3.69 PP City Manager Contract(s)

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 23 2022
SUBJECT: Affordable Housing.

RECOMMENDATION:

The City Council approve the Option Agreement with Milestone Housing for furtherance of the Affordable Housing Project behind City Hall; the City will be selling the land AND committing $1M from Housing Funds for the project.

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:
• Option to Purchase
BACKGROUND:

In July of 2020, during the COVID-19 Pandemic, the City interviewed three housing developers for Affordable Housing. With many other projects and the pandemic, the selection of the developer was delayed until 2021.

The City ultimately awarded the project to Milestone Housing. The interview team (City Manager, Community Development Director, along with the Town Manager of Yucca Valley) decided that Milestone matches the needs of our community, as a housing developer. During the negotiating process, and the space available in the Project Phoenix area, the team decided that a better and bigger location is behind City Hall, at the corner of Civic Center and Split Rock.

The Project, as conceptually planned, and reviewed by the Planning Commission is as follows:

This project is proposed to build 100 affordable, multi-family housing units on a 3.5 acre section of land owned by the City of Twentynine Palms (APN 0618-262-05). The City as land owner has partnered with Milestone Housing Group to construct and operate the project.

Site Characteristics
The site is located on the northeast corner of Smoketree Avenue and Civic Center Drive and is adjacent to City Hall and Veteran's Memorial Park. The site slopes gently to the south towards Civic Center Drive and the San Bernardino County Flood Control Channel further south. The site is currently vacant containing some scrub vegetation. Evidence of a previous, dirt road (El Paseo Drive) exists on the north side of the site. On the east side some of the blacktop remains where Cholla Avenue existed. Both roads have been abandoned. There is also an area in the southeast part of the site which was previously excavated. And a concrete foundation remains of a

previous structure on the north part of the site. The site is under 5 acres and surrounded by development on all four sides and thus is exempt from CEQA per Section 15332, Infill Development Project.

The site was selected for many reasons. It is adjacent to San Bernardino County Social Services which includes the Transitional Assistance Department, San Bernardino County Public Library, and City Hall/Sheriff's Department. Veteran's Memorial Park is also adjacent offering a shaded, green recreational area. All of these area locations are within a short walking distance and do not require crossing a road. Twentynine Palms High School and Oasis Elementary School are located to the west on El Paseo Drive, Morongo Basin Community Health Center to the southwest on Split Rock Avenue, the future Channel Trail to the south, and employment opportunities Downtown to the south. A paseo linking El Paseo Drive on the west to Veterans Park on the east is proposed on the north side of the site. A bus stop served by Morongo Basin Transit Authority is located adjacent to Veterans Park on Adobe Road.

Floor Plans and Amenities
The affordable housing project is proposed to consist of 40 units of senior housing and 60 units of family housing.

The senior housing building will be a three-story, elevator building, containing 40 one-bedroom units. The leasing and amenities for the building will be incorporated into the structure. Amenities include a kitchen, restrooms, meeting room, and computer area. An outside patio and BBQ area will be adjacent. The family housing component will consist of 60 units in three, three-story walkup buildings. They will contain 16 one-bedroom units, 24 two-bedroom units, and 20 three-bedroom units. Leasing and amenities for the family housing will be located in a separate one-story building. Amenities include a kitchen, restrooms, meeting room, and computer area.

Outdoor amenities for family housing will include a patio, BBQ area, and a tot lot. The total square footage of all structures is proposed is 96,216. All buildings will comply with the California Building Code requirements including Title 24, fire protection, and onsite solar requirements.

ENVIRONMENTAL:

The Project is Exempt from CEQA per §15332, In-Fill Development Projects.

ALTERNATIVES:

The City Council could choose not to contribute, or adjust the dollars, or reject the project.

FISCAL IMPACT:

The $1M commitment would come from the Housing funds from Project Phoenix bond proceeds and sale of the property for the Home 2 Suites.

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OPTION TO PURCHASE REAL PROPERTY
THIS OPTION TO PURCHASE REAL PROPERTY (this “Agreement”) is entered into as of the ___ day of July, 2022 (the “Effective Date”), by and between CITY OF TWENTYNINE PALMS, a California municipal corporation (“City”), and MILESTONE HOUSING GROUP, LLC, a California limited liability company (“MHG”). City and MHG are sometimes referred to collectively herein as the “Parties.”

RECITALS
A. City currently owns fee title to that certain real property located generally at the northwest corner of the intersection of Smoketree Avenue and Civic Center Drive, in the City of Twentynine Palms, County of San Bernardino, State of California (the “City Property”). The City Property comprises approximately four and forty-seven hundredths (4.47) acres, and is commonly identified as APNs: 0618-262-05 and 0618-262-01.

B. MHG desires to develop and operate on a portion of the City Property comprising approximately three and seventy-eight thousandths (3.078) acres (the “Property”) a rental affordable housing development containing approximately ninety-one (91) dwelling units restricted for rental to and occupancy by income-eligible households (the “Affordable Housing Project”).

C. A depiction of the approximate location and configuration of the Property is attached hereto and incorporated herein as Exhibit “A”.. City contemplates processing a lot line adjustment to establish the Property as a separate legal parcel.

D. City and MHG desire to enter into this Agreement to provide for City to grant to MHG and for MHG to obtain from City an option to purchase the Property upon the terms more particularly set forth in this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS,

WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND THE MUTUAL

PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Grant of Option.
(a) Option. City hereby grants to MHG the option (the “Option”) to purchase the Property on the terms and conditions set forth in this Agreement. (b) AHPDA Form. Prior to the exercise of the Option, City and MHG shall agree on the final form, terms and conditions of the affordable housing and property disposition development agreement for the Property (“AHPDA”), which AHPDA shall incorporate the basic terms set forth on Exhibit “B” attached hereto. Upon the mutual agreement of the final form, terms and conditions of the AHPDA, the Parties shall attach

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the form of the AHPDA, to this Agreement as a substitute Exhibit “B”. If City and MHG do not agree in writing on the form, terms and conditions of the AHPDA prior to the expiration of the Term (as hereinafter defined), this Agreement and the Option shall automatically terminate, without the need of any notice or documentation, and neither Party shall have any further rights or obligations hereunder except for any indemnification obligations hereunder, all of which shall survive the termination hereof.

2. Term of Option.
(a) Term. The term of the Option shall be for a period commencing on the Effective Date and ending 5:00 p.m. (California time) on the one-year anniversary of the Effective Date (the “Term”). Notwithstanding the foregoing, provided MHG is not in default hereunder, the City Manager of City shall have the right, in his or her sole and absolute discretion, to grant an extension to the Term for up to ninety (90) additional days. (b) Exercise of Option. At any time during the Term after the Parties have agreed on the terms and conditions of the AHPDA, and the City Council of the City has considered and approved the AHPDA, MHG may exercise the Option by giving written notice to City of its exercise of the Option (the “Option Notice”). Promptly after the exercise of the Option, MHG and City shall execute and deliver the AHPDA. (c) Expiration. The Option shall expire at 5:00 p.m. (California time) on the last day of the Term.

3. Option Consideration. The Option is granted in consideration of MHG’s payment to City of the sum of Ten Dollars ($10.00). MHG shall pay such amount to City upon the execution of this Agreement.

4. Due Diligence. During the Term, MHG and its employees, contractors, agents, representatives, architects, engineers and consultants (collectively, the “MHG Entities”), at MHG’s sole cost and expense, shall have the right to enter and inspect the Property, make surveys and conduct such soils, engineering, hazardous or toxic material, pollution, seismic or other tests, studies and investigation as MHG may require (collectively, the “Inspections”), pursuant to the terms of this Section 4. (a) MHG shall cause the Inspections to be conducted at times reasonably acceptable to City, upon not less than seventy-two (72) hours’ prior written notice to City in each instance, and in a manner that does not materially adversely affect the Property. City may have a representative present at any Inspections of the Property. (b) In conducting its Inspections at the Property, MHG and the MHG Entities shall: (i) not damage any part of the Property (other than invasive testing conducted in accordance with Sections 4(c) and (d) below) or any personal property located on or adjacent to the Property; (ii) promptly repair any damage to the Property resulting directly or indirectly from the entry by MHG or the MHG Entities or from any such Inspections, unless such damage resulted directly from the discovery of any pre-existing condition at the Property; (iii) not injure or otherwise cause bodily harm to City, or its tenants, agents, guests, invitees, contractors and employees; (iv) comply with all

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applicable laws; and (v) not permit any liens to attach to the Property by reason of the exercise of MHG’s rights hereunder.
(c) Notwithstanding anything to the contrary in this Section 4, MHG shall not undertake any invasive testing, including, without limitation, taking samples of any kind or type from the Property, until such time as MHG has submitted to City and obtained City’s prior written approval of MHG’s proposed work plan, which work plan shall include MHG’s sampling and testing procedures, as well as the specific locations proposed to be accessed. City’s approval pursuant this Section 4 shall not be unreasonably withheld, conditioned, or delayed.
(d) Promptly upon completion of each Inspection, MHG shall cause the portion of the Property subject to such Inspection to be restored to the condition existing immediately prior to such Inspection, provided, however, MHG shall have no obligation to remediate any pre-existing environmental condition discovered by MHG in connection with any Inspection, so long as such Inspection has not exacerbated the pre-existing environmental condition. MHG shall provide City, at no additional charge and without representation or warranty of any kind or liability with respect to the use thereof, with copies of any final reports prepared by third parties for MHG in connection with the Inspections (excluding market studies and architectural renderings, if any) within five (5) business days of MHG’s receipt of the same.
(e) MHG hereby indemnifies, defends, and holds harmless City and City’s officers, officials, members, employees, agents, representatives, contractors, and volunteers (collectively, the “City and City Personnel”), and the Property, free and harmless from and against any and all claims, damages, liabilities, demands, injury, actions, liens, stop notices, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) to the extent arising from or as a result of the conducting of Inspections, except that the City and City Personnel shall not be indemnified to the extent any claim, loss or damage (i) is caused by the City and City Personnel’s gross negligence, recklessness or intentional misconduct (ii) for any matter to the extent arising directly from the discovery of any pre-existing condition at the Property, or (iii) as a result of the City and City Personnel’s intentional material breach of this Agreement.
(f) MHG’s obligations under this Section 4 shall survive the expiration or termination of this Agreement.

5. Insurance. Without limiting MHG’s indemnification obligations under this Agreement, MHG shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by MHG and/or the MHG Entities, including without limitation MHG’s conducting of the Inspections. In the event that MHG subcontracts any portion of the work, the contract between MHG and such subcontractor shall require the subcontractor to maintain the same types (with the same endorsements) and amounts of insurance that MHG is required to maintain pursuant to this Section.

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A. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01 including completed operations and contractual liability, with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate for liability arising out of MHG’s performance of this Agreement, including without limitation MHG’s conducting of the Inspections. Such insurance shall be endorsed to:
(1) Name the City and City Personnel as additional insureds for claims arising out of MHG’s performance of this Agreement, including without limitation MHG’s conducting of the
Inspections.
(2) Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City.

B. Automobile Liability Insurance with a limit of liability of not less than One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) annual aggregate. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto.” Such insurance shall be endorsed to:
(1) Name the City and City Personnel as additional insureds for claims arising out of MHG’s performance of this Agreement, including without limitation MHG’s conducting of the
Inspections.
(2) Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City.

C. Workers’ Compensation Insurance in accordance with the Labor Code of California and covering all employees of MHG providing any service in the performance of this Agreement. Such insurance shall be endorsed to:
(1) Waive the insurer’s right of subrogation against the City and City Personnel.

D. Evidence of Insurance: MHG shall provide to City a Certificate(s) of Insurance evidencing such coverage, together with copies of the required policy endorsements, no later than five (5) business days prior to commencement of any inspections and prior to the expiration of any policy. Statements on an insurance certificate will not be accepted in lieu of the actual endorsements required.

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

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E. Acceptability of Insurers. Each policy shall be from a company with current A.M. Best’s rating of A- VII or higher and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus lines brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by City.

6. City’s Cooperation in Seeking Permits and Approvals. During the Term, MHG may meet with all City, County of San Bernardino, district and other governmental entities to discuss MHG’s proposed development of, and other matters relating to, the development of the Property and may obtain all project approvals that MHG may deem necessary or advisable in connection therewith. Provided City does not incur any liabilities or out-of-pocket costs except those authorized by City and without binding the Property prior to the execution and delivery of the AHPDA in any way, City agrees to cooperate with MHG in any such matters and execute any and all documents or join in any applications that may be required to obtain all such project approvals in connection with the development of the Property. However, the Parties agree that this Agreement shall not be binding on the City Council or the Planning Commission of the City regarding any approvals of the Affordable Housing Project required by such bodies. MHG obtains no right to develop the Affordable Housing Project on the Property or any portion of the Property by virtue of this Agreement.

7. Notices. All notices or other communications made pursuant to this Agreement shall be in writing and shall be served to the Parties at the following addresses (i) mailed by certified mail, postage prepaid, return receipt requested; (ii) sent by express delivery service, charges prepaid with a delivery receipt; or (iii) personally delivered with a delivery receipt:

City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Attn.: City Manager
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 9261
MHG: Milestone Housing Group, LLC
51 University Avenue, Suite D
Los Gatos, CA 95050
Attn: Manager
With a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP 633 W. Fifth St., 64th Floor
Los Angeles, California 90071
Attention: Kyle Arndt

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All notices shall be deemed received on the date shown on the delivery receipt as the date of delivery, the date delivery was refused, or the date the notice was returned as undeliverable. Either Party may change its address for the purposes of this paragraph by giving prior written notice of the change to the other Party in the manner provided in this Section.

8. Assignment. MHG may assign its rights and obligations under this Agreement to a limited partnership in which MHG or an Affiliate of MHG is the managing general partner (“Partnership”) without consent of City. Except as provided in the preceding sentence, MHG may not assign its rights or obligations under this Agreement without the prior written consent of City. As used in this Agreement, the term “Affiliate” means any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with MHG. The term “control” as used in the immediately preceding sentence, means, with respect to a person or entity that is a corporation, the right to the exercise, directly or indirectly, of more than fifty percent (50%) of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person or entity that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person or entity.

9. Binding Effect. This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the Parties to this Agreement and their respective successors and permitted assigns.

10. Time. Time is of the essence of this Agreement.

11. Further Documents. Upon the reasonable request of the other Party, each Party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to carry out the intent and purpose of this Agreement, including escrow instructions.

12. Exhibits. All exhibits attached to this Agreement and referred to in this Agreement are incorporated into this Agreement by this reference as though they were fully set forth in this Agreement.

13. Commission. Each Party to this Agreement represents to the other Party that it has not engaged or used the services of any person, firm or corporation that may claim a broker’s commission or finder’s fee upon execution of this Agreement, the exercise of the Option or the execution of the AHPDA, and each Party hereto agrees to hold the other Party harmless from any loss, damage, expense or liability, including attorney’s fees, resulting from any claim by any person, firm or corporation based upon its having acted as broker or finder on behalf of said indemnifying Party.

14. Captions. The captions of the sections/paragraphs of this Agreement are for convenience and reference only, and the words contained in the captions shall in no way be held to explain, modify, amplify or aid in the interpretations, constructions or meaning of the provisions of this Agreement.

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15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement.

16. Attorney’s Fees. In any action between MHG and City to enforce or interpret any of the terms of this Agreement, the prevailing Party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys’ fees and expert witness fees.

17. Entire Agreement. This Agreement contains the entire agreement between the Parties respecting the matters set forth herein, and supersedes all prior agreements between the Parties respecting such matters.
[END OF AGREEMENT - SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“City”
CITY OF TWENTYNINE PALMS, a California
municipal corporation
By:

Frank Luckino, City Manager
ATTEST:
____________________________
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
By: ________________________
A. Patrick Muñoz, City Attorney
“MHG”

MILESTONE HOUSING GROUP, LLC,
a California limited liability company
By: _____________________________
Marcus A. Griffin, Manager

882/014122-0044
17761275.4 a08/16/22a07/18/22 EXHIBIT “A”
EXHIBIT “A”

DEPICTION OF THE PROPERTY

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EXHIBIT “B”

TERMS OF AHPDA

1. The purchase price for the Property (“Purchase Price”) shall be One Dollar and Ten Cents ($1.10) per square foot, which Purchase Price is based on an appraisal obtained by the City and represents the fair market value of the Property.

2. The Closing Date shall mean and refer to the date which is the later of the following: (a) five (5) business days following the date MHG has obtained its entitlements for the development of the project, or (b) one hundred eighty (180) days after MHG has received written binding commitments for the MHG’sP financing; provided, however, that in no event shall be the Closing Date occur following the two-year anniversary of the Effective Date.

3. City shall provide MHG with an CLTA owner’s policy of title insurance with liability in the amount of the Purchase Price showing title to the Property vested in MHG free and clear of exceptions and encumbrances except nondelinquent general and special real property taxes and assessments, easements, encumbrances, covenants, conditions, restrictions, rights of way and other matters of record approved by MHG during the due diligence period and the standard preprinted exceptions of exclusions from coverage set forth in the title policy along with such endorsements as may be reasonably requested by MHG. MHG shall have the right to obtain, at its sole cost and expense, an ALTA extended coverage policy of title insurance.

4. MHG shall have a ninety (90) day due diligence period to approve the condition of the Property and any other matters related to the Property including MHG’s intended use and development thereof, in MHG’s sole and absolute discretion.

5. Title to the Property shall be conveyed by City to MHG pursuant to a grant deed in a form and content to be approved by the Parties and attached to the AHPDA.

6. All items of income and expense related to the Property, including non-delinquent real property taxes and assessments shall be prorated to the Closing Date.

7. City shall pay one-half (1/2) of the escrow fee and all title insurance premiums for that portion of the owner’s title policy which would be incurred for a standard CLTA form of owner’s title insurance policy. MHG shall pay one-half (1/2) of the escrow fee, all documentary transfer taxes, all title insurance premiums associated with any title insurance coverage required by any lender, that portion of the owner’s title policy premium which is attributable to the additional cost of ALTA extended coverage, if applicable, the cost of any survey of the Property

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requested by MHG and the cost of any title endorsements requested by MHG and the cost of recording the Grant Deed.

8. The AHPDA shall contain representations and warranties from City and MHG to be agreed to by the Parties. Otherwise, the Property shall be acquired by MHG in its AS-IS, WHERE-IS and SUBJECT TO ALL FAULTS condition.

9. The AHPDA shall include a commitment by City to provide a loan to MHG sourced from City’s low and moderate income housing asset fund (the “City Loan”) to cover costs incurred by MHG in developing the Affordable Housing Project. A portion of the City Loan, in the amount of the Purchase Price, will be provided in the form of carryback financing to fund MHG’s purchase of the Property; the remaining portion of the City Loan will be provided in the form of a “cash” loan (the “Cash Component of City Loan”). City contemplates that the Cash Component of City Loan will be in amount of One Million Dollars ($1,000,000); provided, however, that a portion of such amount, in the amount of Four Hundred Thirty-Eight Thousand Nine Hundred Twenty-Seven Dollars ($438,927) (“Conditional Portion of Cash Component of City Loan”) is contingent on City’s sale of certain real property owned by City, and in the event the closing of such sale does not occur prior to the date the Parties enter into an AHPDA, the City Loan will not include the Conditional Portion of Cash Component of City Loan. The City Loan shall be secured by a deed of trust. Disbursed portions of the City Loan shall accrue simple interest of three percent (3%) per year. The City Loan shall be repaid from a proportionate share of fifty percent (50%) of the cash flow generated by operation of the Affordable Housing Project. The City Loan shall mature 57 years following the closing date under the AHPDA. The City Loan shall be nonrecourse to MHG except with respect to fraud or similar acts of misconduct by MHG. The deed of trust securing the City Loan, but not the City’s regulatory agreement, will be subordinate to the lien of the deed of trust securing a construction and a permanent loan from an institutional lender and each deed of trust securing a greater loan amount, respectively.

10. The AHPDA shall require that MHG develop the Property in a manner which allows the proposed disposition of the Property to qualify as a disposition of exempt surplus land pursuant to the California Surplus Lands Act.

11. The AHPDA shall contain such other terms and conditions as agreed to by the Parties

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 23 2022
SUBJECT: New VHR Policy Update.

RECOMMENDATION:

The City Council receive and file,
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:
• Implementation Updates
BACKGROUND:

The City Council conducted a Public Hearing on May 10, 2022 to change Section 19.41 of the Development Code, Vacation Home Rentals. The City Council made several changes to the language in the proposed code amendments:

1. A fixed cap, not a percentage, of the allowed vacation home rental licenses of detached, single-family houses was set at 500. This cap will be reevaluated in the year 2030 based upon data from the 2030 U.S.

Census.

2. The total number of vacation home rental licenses within the City of Twentynine Palms that any one person, persons, or business entity with financial interest can own is limited to five (5).

3. The required minimum stay was reduced from two days to one day.

4. The requirement to rent the VHR for at least one day a year in order to maintain the license was kept.

5. Required a good neighbor Education Class
As the Policy now has formally been adopted as of June 24, 2022, Staff has to implement the Policy and wanted to update the Council on the implementation.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose an alternate policy direction.

FISCAL IMPACT:

There is no fiscal impact for this update.

VHR Policy Implementation Update
• As of the writing of the staff report, including pending applications, the City has exceeded the 500 limit. We have 336 Active and 172 pending. We are going to take 25 over the cap as standby for those applications pending that will not complete. • Effective June 24th of this year, all new and renewed Vacation Home Rental applicants and/or their agents are required to take a training course administered by The Desert Beacon prior to the issuance of a Vacation Home Rental (VHR) permit.
• Desert Beacon is filling the gap for the education requirement, for a fee. Internal Staff does not have the capacity to have the class however, City is approving the content of the class. This is not exclusive, anyone or entity can create the class material for a fee, as long as the City approves the content.
• This class takes approximately 1 ½ to 2 hours and includes items such as: the responsibilities of the host, VHR operational standards, safety and compliance regulations, and noise mitigation, among other topics. The first of these classes is tentatively scheduled for September 10th and will be held monthly
• At the conclusion of this training class, a Certification of Completion will be issued to the applicant and/or their agent. This certificate will be a required item for any new or renewed VHR permit.
• Any VHR permit that is in violation of these regulations will be given a citation, upon the first disturbance violation, the holder of the VHR permit may then pay a fee OR take the training course again. Once a third violation has been issued, then the VHR permit will be rescinded. • Currently, all VHR permits are renewed annually and at that time they will be required to take the class. City staff issues email notices to all current permit holders at least 30 days in advance of their permit coming up for renewal. If the applicant fails to renew on time, they have 45 days to pay a late fee plus the renewal fee, or the VHR permit is terminated. • Additionally, each VHR permit is required to have a safety inspection once every three years.

Proof of a passing inspection will also be required as part of the VHR application.