Twentynine Palms City Council
August 8, 2023

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, August 8, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, August 8, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Rev. Don Thursby - Little Church of the Desert.

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 our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of a Proclamation for Michelle Bergey Upon Her Retirement from the District Attorney's Office.

2. Introduction of the City's Newest Employees.

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.

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

4. Approval of Minutes of the City Council Meeting Held on City Council - Regular Meeting - 13 Jun 2023 - Minutes - Pdf City Council - Regular Meeting with Closed Session - 27 Jun 2023 - Minutes - Pdf 5 - 18

5. Treasurer's Report - FY 2022-23 Quarter 4.

RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 4th quarter in Fiscal Year 2022-23.

Treasurer's Report - FY 2022-23 Quarter 4. - Pdf
19 - 21

6. Adoption of Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

RECOMMENDATION: The City Council adopt Resolution No. 23-___ approving the Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

Adoption of Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028. - Pdf
23 - 28

7. 6602 Freedom Way Demolition Acceptance of Work.

RECOMMENDATION: The City Council:

1. Accept the work for the 6602 Freedom Way Demolition Project as complete, for a total contract cost of $38,000.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor. 6602 Freedom Way Demolition Acceptance of Work. - Pdf
29 - 30

8. Community Events Grants.

RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:

1. Twentynine Palm Book Festival - $5,000;

2. Morongo Basin Spell A-Thon - $1,000;

3. CMC Howl Poetry Slam - $1,000;

4. AfroLab - $5,000
Community Events Grants. - Pdf
31 - 32

9. Agreement with Caroline Partamian.

RECOMMENDATION: The City Council authorize the City Manager to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.

Agreement with Caroline Partamian. - Pdf
33 - 47

10. MBTA Public Parking - Indemnification Agreement.

RECOMMENDATION: The City Council authorize the City Manager to sign the indemnification agreement with Basin Transit for the use of potential overflow parking in the downtown area.

MBTA Public Parking - Indemnification Agreement. - Pdf
49 - 52

11. I-Bank Resolution.

RECOMMENDATION: The City Council approve Resolution No. 23-___, authorizing the submission of a loan application to the Infrastructure Bank (I-Bank) in the amount of $500,000 for furtherance of the Luckie Park Stadium Light Project.

I-Bank Resolution. - Pdf
53 - 58

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

12. Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2023-2024.

RECOMMENDATION: The City Council:

1. Conduct the Public Hearing.

2. Adopt Resolution No. 23-__; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.

Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2023-2024. - Pdf 59 - 68

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Morongo Basin Arch.

RECOMMENDATION: The City Council review and approve the promissory note of $20,000 to Morongo Basin Arch for the support of the homeless in Twentynine Palms.

Morongo Basin Arch. - Pdf
69 - 72

14. Council Code of Conduct - Future Agenda Item Request.

RECOMMENDATION: The City Council provide policy direction.

Council Code of Conduct - Future Agenda Item Request. - Pdf 73 - 92

15. Aha Projects!
RECOMMENDATION: The City Council approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1 / year and authorize the City Manager to negotiate and sign the agreements.

Aha Projects! - Pdf
93 - 104

16. Resolution Approving Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383).

RECOMMENDATION: The City Council:

1. Adopt Resolution No. 23-___ approving the Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and

2. Authorize the City Manager to sign the Second Amendment to the Amended and Restated Agreement Between the City of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services.

Resolution Approving Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383). - Pdf
105 - 173

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained vs. Non-Maintained Roads.

3. Discussion on partnering with Non-profits to open a "Warming Shelter".

4. Identify ten lots to start a self-help construction program.

5. Discussion on forming a Youth Advisory Committee.

6. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

7. Discussion on the possibility of moving the Wastewater Treatment Plant from the Desert Knoll area to the east side of the City in the Industrial zone.

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 6:30 p.m., August 3, 2023.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
June 13, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Boy Scout Thomas Ellison led the Pledge of Allegiance.

Invocation - Pastor Nick Foley - Set Free Church, gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Closed Session Announcements - None.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Wright 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

1. Presentation to the Explorer Post 870 for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Bilderain presented checks in the amount of $300 each from the City of Twentynine Palms and Burrtec Waste and Recycling Services to Explorer Post 870 for their participation in the Cash for Trash and Recycling Program.

2. Proclamation Recognizing June 19, 2023 as Juneteenth Independence Day.

Mayor Wright read the proclamation in its entirety and presented it to Ms. Carrie Williams, who is coordinating the Juneteenth celebration in the City.

3. Proclamation Recognizing June 2023 as LGBTQ+ Pride Month Mayor Wright read the proclamation in its entirety.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the East Valley Regional Steering Committee meeting and he congratulated Morongo Basin ARCH for receiving a grant from San Bernardino County to help with homelessness.

Councilmember Mintz mentioned that he attended the Ribbon Cutting Ceremony for the Luckie Park Pool, the Copper Mountain College Golf Tournament fundraiser and he announced that he would not be able to attend the Grilling with the Mayor event on Friday as he will be in Alabama for graduations.

City Council - Regular Meeting
June 13, 2023
Councilmember Klink wished everyone celebrating a birthday in June a Happy Birthday, he mentioned that he attended the Copper Mountain College Golf Tournament, and he reminded everyone that the Grilling with the Mayor event is this Friday, June 16th at Luckie Park Pool.

Mayor Pro Tem Bilderain mentioned that he attended the Luckie Park Pool Grand Reopening, and he wished all fathers a Happy Father’s Day this Sunday.

Mayor Wright wished his beautiful wife a Happy Birthday and Happy Father’s Day to all the dads. he attended the Ribbon Cutting Ceremony for Luckie Park Pool, the 29 Warhawks Training Camp, the Basin Transit meeting, the Mayor’s Prayer Breakfast, the Copper Mountain College Graduation, the Junior High Promotion Ceremony, and the High School Graduation. He also mentioned that he, along with Mayor Pro Tem Bilderain and Councilmember Scott, laid a wreath at the Cemetery in honor of Memorial Day and he attended the ICHC City Selection Committee meeting.

CONSENT CALENDAR

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

5. Approval of Minutes of the City Council Meeting Held on May 23, 2023.

6. Approval of Warrant Register Totaling $3,328,747.64.

7. Approval of Project Phoenix Warrant Register Totaling $10,822.80.

8. Annual Contract with San Bernardino County Sheriff's Department.

RECOMMENDATION: The City Council approve the annual contract with the San Bernardino County Sheriff’s Department for Law Enforcement Services in the amount of $5,323,535 plus incidental expenses.

9. Accept the Luckie Park Pool Project.

RECOMMENDATION: The City Council:

1. Accept the Twentynine Palms Luckie Pool Project as completed for a total cost of $4,884,904.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

10. Fire Station Lease.

11. Designating Authorized Signers on the City's Bank Accounts.

RECOMMENDATION: The City Council adopt Resolution No. 23-10 designating authorized signers on the City Bank Accounts.

12. Updating Information with the Local Agency Investment Fund (LAIF).

RECOMMENDATION: The City Council adopt Resolution No. 23-11, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.

13. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List Approval and Budget Amendment.

RECOMMENDATION: The City Council adopt Resolution No. 23-12 Identifying the project(s) to be funded by SB1 RMRA funding.

Councilmember Scott asked that item #9 be removed for discussion.

City Council - Regular Meeting
June 13, 2023
Veno Nathraj, Twentynine Palms, asked that item #6 be removed for discussion.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar, excluding items #6 and 9.

Councilmember Mintz abstained from item #7 due to a possible conflict of interest.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ FROM ITEM #7
ABSENT: NONE

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

6. Approval of Warrant Register Totaling $3,328,747.64.

City Manager Luckino explained item #6.

Veno Nathraj, Twentynine Palms asked about the checks for American Express and NV5.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve Item #6 from the Consent Calendar.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

9. Accept the Luckie Park Pool Project.

City Manager Luckino gave a brief on the Luckie Park Pool Project.

Veno Nathraj, Twentynine Palms, asked about the total amount for the project.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve Item #9 from the Consent Calendar.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT
NOES: NONE
ABSTAIN: SCOTT
ABSENT: NONE

City Council - Regular Meeting
June 13, 2023

PUBLIC HEARINGS

14. DCA - Temporary Use Permits.

RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA, and adopt the Ordinance approving the amendment to the Development Code regarding Temporary Use Permits.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

Mayor Wright opened the Public Hearing.

Having no one requesting to speak, Mayor Wright closed the Public Hearing.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott, to introduce the Ordinance approving the amendment to the Development Code regarding Temporary Use Permits.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

15. DCA - Film Permits.

RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and adopt the Ordinance approving the amendment to Development Code adding Chapter

19.35, Film Permits.

Mayor Wright opened the Public Hearing.

Having no one requesting to speak, Mayor Wright closed the Public Hearing.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott, to find the project exempt from CEQA and introduce the Ordinance approving the amendment to the Development Code adding Chapter 19.35, Film Permits.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

16. Proposed 2-Year Project Phoenix Funds Budget for FY 2023-24 & 2024-25.

RECOMMENDATION: The City Council approve Resolution No. 23-13 that authorizes the adoption of the Project Phoenix Funds Budget for FY 2023-24 & 2024-25.

Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 6:32 p.m.

City Council - Regular Meeting
June 13, 2023
Finance Director Hernandez-Conde (Director Hernandez-Conde) presented the Staff Report and Power Point Presentation.

ACTION: A motion was made by Councilmember Klink, seconded by Mayor Wright to approve Resolution No. 23-13 authorizing the adoption of the Project Phoenix Funds Budget for FY 2023-24 and 2024-25.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Councilmember Mintz returned to the Council Chambers at 6:42 p.m.

17. Proposed Two-Year Special Funds Budget for FY 2023-24 & 2024-25.

RECOMMENDATION: The City Council approve:
1) Resolution No. 23-14 that authorizes the adoption of the Special Funds Budget for the Fiscal Years 2023- 24 and 2024-25.
2) Interfund transfers for admin fees in FY 2023-24
a) $10K from the Gas Tax Fund to the General Fund
b) $10K from the Measure I Fund to the General Fund
c) $87.5K from the Successor Agency Fund to the General Fund Director Hernandez-Conde presented the Staff Report and Power Point Presentation.

ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve Resolution No. 23-14 that authorizes the adoption of the Special Funds Budget for the Fiscal Years 2023- 24 and 2024-25 and approve Interfund transfers for admin fees in FY 2023-24 a) 10K from the Gas Tax Fund to the General Fund, b) $10K from the Measure I Fund to the General Fund c) $87.5K from the Successor Agency Fund to the General Fund.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

18. City Manager's Written Report and Intention to Levy Sewer Fees for FY 2023-24.

RECOMMENDATION: The City Council:
1) Adopt Resolution No.23-15, (A Resolution of the City Council of the City Twentynine Palms Directing the Filing of the Annual Written Report for the City's Sewer Fees). 2) Receive and approve the City Manager's Written Report as filed or as amended. 3) Adopt Resolution No.23-16, (A Resolution of the City Council of the City of Twentynine Palms Declaring its intention to levy and collect assessments pursuant to Section 5471 of the California Health and Safety Code for Fiscal Year 2023-2024).
4) Direct City Clerk to schedule a Public Hearing to notify the public of the City's intent to place the sewer fees on the Tax Roll for Fiscal Year 2023-24.

City Council - Regular Meeting
June 13, 2023
Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 6:54 p.m.

City Manager Luckino presented the Staff Report.

Veno Nathraj, Twentynine Palms, presented a handout to the City Council referencing utility bills he receives in other locations he owns throughout Southern California. He asked how the calculations were made. He asked the City Council to reevaluate the calculations.

Eileen Leslie, Twentynine Palms, doesn't feel comfortable with the rate reduction. She is grateful and happy to know that this reduction does not just apply to her because if it was just her business, that would imply something is wrong here. She is asking for no increase for the next few years.

After a brief discussion, a motion was made by Mayor Wright, with the clause that rates not increase for the next two years. The motion was seconded by Councilmember Klink to:
1) Adopt Resolution No.23-15, (A Resolution of the City Council of the City Twentynine Palms Directing the Filing of the Annual Written Report for the City's Sewer Fees). 2) Receive and approve the City Manager's Written Report as filed or as amended. 3) Adopt Resolution No.23-16, (A Resolution of the City Council of the City of Twentynine Palms Declaring its intention to levy and collect assessments pursuant to Section 5471 of the California Health and Safety Code for Fiscal Year 2023-2024).
4) Direct City Clerk to schedule a Public Hearing to notify the public of the City's intent to place the sewer fees on the Tax Roll for Fiscal Year 2023-24.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, WRIGHT
NOES: SCOTT
ABSTAIN: MINTZ
ABSENT: NONE
The above motion was not carried.

Councilmember Mintz returned to the Council Chambers at 7:19 p.m.

19. Planning Commission Appointment.

RECOMMENDATION: The City Council appoint Alexander James Garcia and Jessica Cure to the Planning Commission as recommended by the Ad Hoc Committee (Mayor Pro Tem Steve Bilderain and Councilmember Octavious Scott).

City Manager Luckino presented the Staff Report. Councilmember Bilderain explained the process he and Councilmember Scott went through to choose the two applicants to fill the vacant positions on the Planning Commission.

Mayor Wright read an email from Andrew Evans, which was sent to be read into the record.

Councilmember Mintz asked if any interviews were conducted for these positions. Councilmember Bilderain answered no.

Councilmember Klink commented that he wasn't really in agreement with an interview not being conducted.

City Council - Regular Meeting
June 13, 2023
Jonathan Hume, Twentynine Palms, echoed some of the points expressed by the person who sent the email.

He is not confident on how this process took place. He encouraged the City Council to revisit this process.

Matt Hemmie, Twentynine Palms, reiterated what Mr. Hume mentioned. He thinks that there should be interviews.

ACTION: A motion was made by Mayor Pro Tem Bilderain, seconded by Councilmember Scott to appoint Alexander James Garcia and Jessica Cure to the Planning Commission as recommended by the Ad Hoc Committee (Mayor Pro Tem Steve Bilderain and Council Member Octavious Scott).

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, MINTZ, SCOTT
NOES: KLINK, WRIGHT
ABSTAIN: NONE
ABSENT: NONE
The two appointees thanked the City Council and mentioned that they would do a good job.

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained v. Non-Maintained Roads.

3. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

4. Planning Commission review of what materials can be used for commercial driveways.

5. Identify ten (10) lots to start a self-help construction program.

6. Discussion on forming a Youth Advisory Council.

Councilmember Klink suggested the Homeless Committee look into hoteliers allowing the homeless in their hotel. Mayor Wright seconded the item.

Mayor Wright asked that the City Manager look into Code of Conduct for City Councilmembers. This item was seconded by Councilmember Klink.

City Manager Luckino mentioned that the Community Development Director is working on item #4, relating to commercial driveways.

PUBLIC COMMENTS
James DeHoedt, Twentynine Palms, commented on kids fighting at the Park. He mentioned that he and his friends go to the Park on Saturdays and every time they have been there, there are kids fighting. He asked the City Council to look into this.

Veno Natraj, Twentynine Palms, suggested that big projects go to a public agenda rather than conducting a Request for Qualifications. He mentioned that he would be submitting a Public Records Request with the City Clerk to obtain all information on the Luckie Park Pool project.

Alice Lawson, Twentynine Palms, asked if it was going to be illegal to use water from a washing machine to water trees and grass. City Manager Luckino commented that he along with the General Manager from the Water District would speak to her after the meeting.

City Council - Regular Meeting
June 13, 2023
Cecil Edwards, Twentynine Palms, asked if the roundabouts will still be going in in the Downtown area. City Manager Lucking replied yes. Ms. Edwards commented that this is a big concern because as it is, the Crosswalk at Tamarisk and 62 is very dangerous.

Joseph Carder, Twentynine Palms, commented on the Sewer Project and mentioned that he asked the plant manager in Yucca Valley if their plant smelled, and the manager replied yes. He commented that the proposed treatment plant for Twentynine Palms is also going to smell, even though Staff said it wouldn't.

Mary Jane Binge, Twentynine Palms, commented that there are many homeless hanging out next to her property on Twentynine Palms Highway. She asked the City Council to do something as she is getting ready to lose her tenants at that property because of this.

Carrie Williams, Twentynine Palms, asked if she were to build a home, does she have to build a garage or can she put up a carport to replace the garage. Director Gardner mentioned this was an item that is going to be discussed at the next Planning Commission meeting.

CITY MANAGER UPDATE
City Manager Luckino thanked Director Hernandez-Conde and her Staff for all the hard work they put into putting the Budget together, he mentioned the State Budget is not balanced and the Governor and the Legislature are working out a deal to fix that, he welcomed the newly appointed Planning Commissioners, the second detective that was recently approved should start in July and he welcomed the new Dollar General.

ADJOURNMENT - Mayor Wright adjourned the meeting at 7:47 p.m.

Respectfully submitted,
Cindy Villlescas, CMC
City Clerk/Public Information Officer

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
June 27, 2023

CLOSED SESSION AGENDA
5:00 P.M.

CALL TO ORDER - Mayor Wright called the Closed Session to order at 5:00 p.m.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Adjourn to Closed Session - Mayor Wright adjourned to Closed Session at 5:03 p.m.

CLOSED SESSION

1. Closed Session Pursuant to Government Code §54956 (d) (2) Anticipated Litigation.

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Wright called the meeting to order at 6:00 p.m.

Pledge of Allegiance - Ms. Karalee Hargrove led the Pledge of Allegiance.

Invocation - Pastor LeeAnn Clarke gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Closed Session Announcements - There were no Closed Session Announcements.

Changes to the Agenda - Mayor Wright moved the Presentations around by moving item number 3 moved to the item number 1 spot.

ANNOUNCEMENTS
Mayor Wright 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 the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to Troop 77 for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Bilderain presented checks in the amount of $300 each from Burrtec Waste and Recycling Services and the City of Twentynine Palms to Troop 77 for their participation in the Cash for Trash and Recycling Program.

2. Presentation by the Coachella Valley Housing Coalition on the Mutual Self Help Program.

Mr. Pedro Rodriguez, Ms. Emilia Mojica and Mr. Slawomir Rutkowski gave a presentation on the Mutual Self Help Program.

City Council - Regular Meeting with Closed Session
June 27, 2023

3. Update by Karalee Hargrove on the Wastewater Committee.

Ms. Hargrove, Mr. Dawn Benton and Mr. Veno Nathraj gave an update on the Wastewater Committee meeting recently held.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the Ribbon Cutting Ceremony for MoMo G's Pet Oasis.

Councilmember Mintz said that he attended the MDAQMD meeting, he mentioned everyone that a new laundromat is opening soon, and he reminded everyone about the 4th of July festivities that will be taking place in the City.

Councilmember Klink commented that he attended the "Grilling with the Mayor" event, he wished everyone a Happy Independence Day and mentioned the events happening on July 4th, also reminded everyone about the Cash for Trash program.

Mayor Pro Tem Bilderain attended the "Grilling with the Mayor" event, and he wished everyone a Happy 4th of July.

Mayor Wright commented that he attended the Prayer Breakfast at Blessed Sacrament Church, the Car Show at Shadow Mountain Church and then they moved the Car Show to the Juneteenth event at Luckie Park. He attended the "Grilling with the Mayor" and MoMo G's Pet Oasis Ribbon Cutting Ceremony. He reminded everyone that it is getting hot, so drink plenty of water.

CONSENT CALENDAR

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

5. Defense Communities Infrastructure Program (DCIP).

RECOMMENDATION: The City Council approve Resolution No. 23-15 that authorizes the City Manager to submit the DCIP Grant application for resurfacing Lear Avenue, both City and County portions of Lear.

6. Corrective Change Order No. 1 for the Community Development Department Tenant Improvement Project.

RECOMMENDATION: The City Council approve Corrective Change Order (CO) Number 1 for the Community Development Department Tenant Improvement Project in the amount of $21,440.60 which exceeded the contingency of 10% already approved.

7. DCA Temporary Use Permits - Second Reading.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.34 regarding regulations for Temporary Use Permits.

8. DCA Film Permits - Second Reading.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance adding Chapter 19.35, Film Permits to the Development Code.

9. Fire Department Emergency Response Report - May 2023.

10. Legislative Report - May 2023.

City Council - Regular Meeting with Closed Session
June 27, 2023

11. Visit 29 Palms Civitas Contract Services for TBID Conversion.

RECOMMENDATION: The City Council authorize the City Manager to approve $26,170 in TBID spending for phase two of Civitas Advisors contract services.

Mayor Pro Tem Bilderain asked that item #11 be removed for discussion.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott, to approve the Consent Calendar removing item 11, as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

11. Visit 29 Palms Civitas Contract Services for TBID Conversion.

RECOMMENDATION: The City Council authorize the City Manager to approve $26,170 in TBID spending for phase two of Civitas Advisors contract services.

City Manager Luckino presented the Staff Report and then passed the floor to TBID Marketing Director, Breanne Dusastre, who provided more information on the item. She also introduced Ms. Kelly Rankin, Project Manager with Civitas, who can answer any questions the City Council or audience may have.

Eileen Leslie, Twentynine Palms, commented that six successful authorizations have led to no demonstrable results to any branding and to no benefits to short term rentals and hotels getting their occupancy up. She commented that she does not see any benefit from TBID.

Veno Nathraj, Twentynine Palms, distributed some handouts to the City Council. He mentioned that he has been tracking what the TBID has been doing. He asked if Civitas was the only company that was looked at to conduct this conversion or did TBID solicit companies to do this work? Mary Jane Binge, Twentynine Palms, asked what is going to happen in five years if this is taken away from the City? She mentioned that she feels better if the City oversees the TBID.

April Ramirez, Twentynine Palms, asked how the City is measuring their success and who is keeping track of it? Eric Menendez, Twentynine Palms, commented that he feels the advertising is bringing people here.

After a lengthy discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Klink, to table the authorization for Phase 2.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

City Council - Regular Meeting with Closed Session
June 27, 2023

PUBLIC HEARING

12. Amendments to the City's Master Fee Schedule for FY 2023-24.

RECOMMENDATION: The City Council approve the amendments to the City's Master Fee Schedule for FY 2023-24.

Finance Director Abigail Hernandez Conde (Director Hernandez Conde) presented the Staff Report.

ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Bilderain, to approve the amendments to the City's Master Fee Schedule for FY2023-24.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Reject All Bids for the Project Phoenix – Treatment System Improvements.

RECOMMENDATION: That the City Council:

1. Reject all bids for the Project Phoenix -– Treatment System Improvements Project.

2. Direct Staff to review the project and revise the scope as needed.

Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 7:24 p.m.

City Manager Luckino presented the Staff Report.

Veno Nathraj, Twentynine Palms, commented that he finds this sewer system project at Freedom Plaza disturbing.

ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Bilderain, to reject all bids for the Project Phoenix - Treatment System Improvement Project and direct Staff to review the project and revise the scope as needed.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE

Councilmember Mintz returned to the Council Chambers at 7:35 p.m.

14. Grant of Option: Affordable Housing IIG Application.

RECOMMENDATION: The City Council approve the Option to Purchase Real Property 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.

City Council - Regular Meeting with Closed Session
June 27, 2023
City Manager Luckino presented the Staff Report. He then passed the floor to Mr. Marcus Griffin, with Milestone Housing, who provided more information.

Veno Nathraj, Twentynine Palms, asked about the ENA that the City Manager mentioned and also commented about the developers who are working on this. He mentioned that he disagrees with the location of the project, commenting that if this is going to be senior housing, it needs to be close to shopping centers and public transportation.

ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain, to approve the Option to Purchase Real Property 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.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT
NOES: SCOTT
ABSTAIN: NONE
ABSENT: NONE

15. Reserve Policy.

RECOMMENDATION: The City Council approve Resolution No. 23-16, establishing a 50-55% target amount for unrestricted/undesignated reserves and authorize the use of reserves in the amount of $473,853 to pay off a portion of the inactive Fire Safety Plan in FY 2023-24.

Director Hernandez Conde presented the Staff Report.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott, to approve Resolution No. 23-16, establishing a 50-55% target amount for unrestricted/undesignated reserves and authorize the use of reserves in the amount of $473,853 to pay off a portion of the inactive Fire Safety Plan in FY 2023-24.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained v. Non-Maintained Roads.

3. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

4. Identify ten (10) lots to start a self-help construction program.

5. Discussion on forming a Youth Advisory Council.

6. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

7. Discussion on Code of Conduct for Councilmembers.

Councilmember Scott requested that the City look at moving the location of the wastewater treatment plant from the Desert Knoll area to the east side of the City in the Industrial zone. Mayor Pro Tem Bilderain seconded the motion.

City Council - Regular Meeting with Closed Session
June 27, 2023

PUBLIC COMMENTS
Joseph Carder, Twentynine Palms, thanked the Wastewater Committee for their work and also commented about the Yucca Valley plant and the smell. He reiterated that it is going to be the same when we build ours and many people from the community are upset.

Rita Lilly, Twentynine Palms, commented on the sewer plant asking that the City provide more information on this project.

She asked the City Council what the City is going to do when patrons stop frequenting their establishments because of the smell and have to shut down or how about those with health issues, reducing the quality of life for our citizens. She also asked what the contingency plan is, and she said she believes that the light pollution from the plant is going to damage the Observatory.

April Ramirez, Twentynine Palms, asked what the City is actively doing as a City to connect with the Marine Corps Base.

She mentioned that the City counts members of the Base in the Census and there is a major disconnect between the military and the City.

Veno Nathraj, Twentynine Palms, asked the City Council to explain to him how City Hall works. Councilmembers are elected by the people for the people. He commented that City Hall has become complacent.

CITY MANAGER UPDATE
City Manager Luckino provided the following updates: there is an event at Knotts' Sky Park for the 4th of July, the Legislature did adopt protection of the western Joshua trees, ICompass is our agenda management system and the public can sign up to receive meeting notices as they become available, the City's Invocation Policy has been updated, nothing will be changing, but we do have a tab on the City's website if anyone is interested in providing the invocation at one of our meetings, and he mentioned that there will be no City Council meetings during the month of July.

ADJOURNMENT - Mayor Wright adjourned the meeting to the next City Council meeting on August 8, 2023, at 8:28 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Aug 08 2023
SUBJECT: Treasurer's Report - FY 2022-23 Quarter 4.

RECOMMENDATION:

The City Council receive and approve the Treasurer's Report for the 4th quarter in Fiscal Year 2022-23.

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:
• TREASURER'S REPORT

6.30.23 • Securities Report 6.30.23
FISCAL IMPACT:

N/A

City of Twentynine Palms
Treasurer's ReportJune 30, 2023
Interest Market Percent
Depository Term Matures Rate Amount Value of TotalPetty Cash and Cash on Hand On Hand N/A $740 $740 0.00%PPBI Bank Checking Account Demand 0.00% $1,203,128 $1,203,128 6.73%PPBI Bank - Successor Agency Demand 0.00% $670,362 $670,362 3.75%Local Agency Investment Fund Demand 3.15% $10,048,659 $9,896,206 55.33%U.S. Treasury Bills 5.107% $500,000 $490,165 2.74%Cerfificate of Deposit 3.42% $5,171,000 $4,908,832 27.45% Total City Funds $17,593,889 $17,169,433 96.00%Funds Held in Trust:Cash With Fiscal Agent (Project Phoenix) $714,936 $714,936 4.00%Total Funds in the Treasurer's Custody $18,308,825 $17,884,369 100.00%NOTES:1) All the above investments are in compliance with the City's Investment Policy.2) The City has sufficient funds to meet its expenditure requirements for the next six months.Prepared by: Abigail Hernandez CondeDate: 7/31/23

City of Twentynine Palms RMB033895
Account eCD70981Report Name Position Report ExportExecuted 6/30/2023Certificates of Deposit Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $684.65AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $777.70 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $412.81 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $647.01 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $583.97 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $736.77 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $735.00 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $647.01 DORT FINL CR UN 6/20/2023 6/20/2028 $247,000.00 Quaterly 4.50% $334.97 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $818.63 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $736.77 LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $654.45 METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $611.51 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $392.67 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $724.93 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $968.22 QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $849.33 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $443.01SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $684.65 TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $724.93 TTCU FED CR UN TULSA 9/30/2022 9/29/2023 $249,000.00 Monthly 4.00% $818.63 Totals $5,171,000.00 3.42% $13,987.62United States Treasury Bills TSRYS5572672 6/9/2023 10/26/2023 $250,000.00 At Maturity 5.056% $0.00 TSRYS5596016 6/9/2023 12/7/2023 $250,000.00 At Maturity 5.157% $0.00 Totals $500,000.00 5.107%

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Aug 08 2023
SUBJECT: Adoption of Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

RECOMMENDATION:

The City Council adopt Resolution No. 23-___ approving the Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Resolution 5-Year CIP 2024-
2028
• 2024-2028 MICIP Expenditure
Strategy
• 2024-2028 MICIP Request
Letter
• Exhibit A - 2024-2028 5-Year
CIP Plan
BACKGROUND:

Pursuant to the requirements of Measure I, which was renewed by the voters, each local jurisdiction receiving funds must annually adopt a Five-Year Capital Improvement Plan, which outlines the specific projects upon which those funds shall be expended. A Resolution adopting the Measure I Expenditure Plan for FY 2023/24 through 2027/2028 for the City of Twentynine Palms is attached.

Measure I is a result of an initiative passed by voters of San Bernardino County, authorizing a 1/2 cent sales tax to be used for transportation purposes. Local street projects receive 70% of the proceeds. The City expects to receive $617,736 in general distribution for the upcoming fiscal year. In addition, the City is estimating to have $1,925,634 in funds available from prior years' Measure I distributions. The City has budgeted to spend $1,666,975 in Fiscal Year 2023/24.

The projects are primarily prioritized by the City of Twentynine Palms Pavement Management System. Pavement management incorporates life cycle costs into a more systematic approach to minor and major road maintenance Page 23 of 173 and reconstruction projects. The needs of the entire network as well as budget projections are considered before projects are executed. Pavement management encompasses the main aspects and tasks needed to maintain a quality pavement inventory and ensure that the overall condition of the road network can be sustained at desired levels.

The CIP for Fiscal Years 2023/2024-2027/2028, the adopted Resolution, and the City's Expenditure Strategy are due to SBCTA by September 1, 2023.

ENVIRONMENTAL:

Categorically Exempt.

ALTERNATIVES:

The City Council could choose to change the priorities.

FISCAL IMPACT:

All funding for the projects listed in the Five-year plan will be from available Measure I (current allocation and carryover), General Capital Reserves, and Federal and State grants, which have been incorporated in the TwoYear Special Funds Budget.

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2023/2024 THROUGH FY 2027/2028
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Twentynine Palms, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

PASSED, APPROVED, AND ADOPTED on the 8th day of August 2023. ____________________________
McArthur Wright, Mayor
ATTEST:
________________________________
Cindy Villescas, City Clerk
I hereby certify that the foregoing Resolution No. 23-___ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 8th day of August 2023, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Cindy Villescas, City Clerk

CITY OF TWENTYNINE PALMS

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2023/2024 thru 2027/2028
Each jurisdiction shall adopt a Measure I Capital Improvement Plan Expenditure Strategy as part of the annual Capital Improvement Plan adoption. The Expenditure Strategy is not intended to be a narrative description of the projects listed in the Capital Improvement Plan. Instead, the Expenditure Strategy should provide the policy approach adopted by the Council for the expenditure of Measure I funds. The jurisdictional Expenditure Strategy provides an opportunity to document circumstances or analyses which are not otherwise apparent when reviewing the Measure I Capital Improvement Plan.

You must include the strategy as part of the annual Capital Improvement Plan adopted by your governing body.

Guidance

1. The strategy should be no longer than one or two paragraphs.

2. Examples:
 The City/Town intends to accumulate Measure I revenue for a specific large project (i.e., “pay-as-you-go”).
 The City/Town intends to expend Measure I revenue for specific types of eligible projects and/or policy prioritization of specific programs; i.e., o Allocation of expenditures on a split of 60% for improvements to existing facilities and 40% for new project development.
o Dedication of revenues to maintenance of existing city/town center streets, which may be a strategy for built-out cities.

Pay as you go.

DATE: April 4, 2023
TO: City & Town Managers/County Executive Officer
FROM: Andrea Zureick, Director of Fund Administration
SUBJECT: Measure I Capital Improvement Plan Submittal
All jurisdictions receiving Measure I revenue from the Local Street Program must annually submit a Five-Year Capital Improvement Plan (CIP) that outlines the specific projects upon which Measure I Local Street Program (pass-through) funds will be expended. The CIP for Fiscal Years 2023/2024-2027/2028, an adopting Resolution, and an Expenditure Strategy are due to SBCTA by September 1, 2023.

Please note the revised format: The CIP must be prepared using the Excel CIP workbook that is attached to this email with the file name: 2024-2028 CIP_Report_Template Attach B. No other formats should be used.

If the Five-Year CIP is not submitted by the due date, Measure I pass-through funds will be withheld until the approved CIP has been received.

If you have any questions, please contact Marc Lucius at [email protected]. SBCTA highly recommends a draft be reviewed by SBCTA prior to your adoption to avoid any eligibility issues. When the CIP has been completed, please send an electronic copy and an original signed copy of the resolution to his attention. cc: TTAC Representative
Attachment A: 2024-2028 MICIP Instructions
Attachment B: CIP Excel Input file: 2024-2028 CIP_Report_Template Attachment C: Five-Year Revenue Estimates
Attachment D: Sample CIP Report
Attachment E: Sample Resolution
Attachment F: Sample Expenditure Strategy
Attachment G: Local Street Program Policies 40003, 40012 and 40016

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $1,925,634.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $617,736 $674,537 $693,810 $713,629 $734,012 $3,433,725 Projects:

HSIP Safety Improvement (e.g., Flashing Beacon Installation) for Six High Crash UnsignalizedIntersections:• Two Mile Rd & Lear Ave,• Two Mile Road & Mesquite Springs Road,• Adobe Road & Sullivan Road,• Adobe Road & Smith Ranch Road,• Utah Trail & Amboy Road, and• Utah Trail & Baseline Road.

No No 0.0% 0.0% $559,590 $63,990 $0 $0 $0 $0 $63,990
Citywide Payment Improvements/Pavement Preservation No No 0.0% 0.0% $656,000 $406,000 $250,000 $0 $0 $656,000Split Rock Bridge - Project Management No No 0.0% 0.0% $4,201,813 $548,063 $0 $0 $0 $0 $548,063Administrative Costs No No 0.0% 0.0% $20,000 $10,000 $10,000 $0 $0 $0 $20,000Neighborhood Safety Project: Traffic safety improvements within three City residential neighborhoods: South of Two Mile Rd, North of Baseline Rd, East of Encelia Ave, and west of Elm Ave.

No No 0.0% 0.0% $1,150,000 $7,500 $0 $0 $0 $0 $7,500
Raised Concrete Median on SR 62 from Encelia Avenueto 850 feet east of Encelia Avenue - Phase 2A - Project Management.

No No 0.0% 0.0% $711,850 $2,500 $0 $0 $0 $0 $2,500
SR62 Street Improvement Phase 2B - North side of SR62 from Encelia Avenue to Larrea Avenue - Project Management. No No 0.0% 0.0% $6,115,826 $250,500 $547,217 $0 $0 $0 $797,717Channel at El Rey: Pavement Replacement No No 0.0% 0.0% $378,422 $378,422 $0 $0 $0 $0 $378,422

0.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $0 $1,666,975 $807,217 $0 $0 $0 $2,474,192
Total Programming is currently 46% Total Estimated Programming: $2,474,192 23- Jurisdiction:

Frank Luckino, City Manager
(760) 367-6799
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028 [email protected] Projects Total:

Twentynine Palms
Current
Estimate
Current
Estimate Total Current Estimate Current Estimate Current Estimate (Must not exceed 150% of Carryover Balance
+ Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Aug 08 2023
SUBJECT: 6602 Freedom Way Demolition Acceptance of Work.

RECOMMENDATION:

The City Council:

1. Accept the work for the 6602 Freedom Way Demolition Project as complete, for a total contract cost of $38,000.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

ORDER OF PROCEDURE:

Request Staff Report (City Manager presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Notice of CompletionDemoFreedom Wy
BACKGROUND:

To prepare for future affordable housing development, the City-owned property at 6602 Freedom Way is vacant and recommended to be demolished. On March 28, 2023, the City Council awarded the contract to perform the demolition work to Clemons Demolition. All work on the project was completed on July 12, 2023. Staff inspected the project area and deemed the work to be complete and acceptable.

ENVIRONMENTAL:

There are no environmental impacts associated with this action.

ALTERNATIVES:

The City Council could choose not to approve the project as complete.

FISCAL IMPACT:

This task is paid from Housing funds.

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Street Improvement)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Richard Pedersen, is the duly appointed and qualified City Engineer of the owner of interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Twentynine Palms, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address is 6136 Adobe Road, Twentynine Palms, California 92277.

3. That on the 28th day of March, 2023 and pursuant to approval of the City Council of the said City, the City entered into a contract with Clemons Demolition, whose address is 76421 Amboy Road, Twentynine Palms, CA 92277, to perform the 6602 Freedom Way Demolition Project in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

4. That all of the said work or improvement was located within said City of Twentynine Palms. Address: 6602 Freedom Way, APN: 0617-112-25.

5. That all the said work or improvement contemplated in and under said contract was completed on July 12, 2023, and accepted by Council action on August 8, 2023.

6. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $38,000 and $38,000.

The undersigned states: That the City of Twentynine Palms, the political subdivision of the State of California conducted the proceedings for the improvement located at 6136 Adobe Road, in said City, described or referred to in the foregoing "Notice of Completion”.

I certify under penalty of perjury that the foregoing is true and correct. ____________________________________________DATE: August 8, 2023 Richard Pedersen, City Engineer,
of the City of Twentynine Palms, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: Community Events Grants.

RECOMMENDATION:

The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:

1. Twentynine Palm Book Festival - $5,000;

2. Morongo Basin Spell A-Thon - $1,000;

3. CMC Howl Poetry Slam - $1,000;

4. AfroLab - $5,000
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:
• Community Events Grant
Submissions
BACKGROUND:

The Ad Hoc Committee members (Council Members Mintz and Scott) received and reviewed the applications for the Community Events. The recommendations are for the relatively close events through October and some obvious community events thus far. The Committee is still reviewing the other submissions, along with collaborating with the TBID (Tourism Business Improvement District). All the events authorized need to have the proper permitting, licensing, and other requirements before the City will issue the resources.

ENVIRONMENTAL:

None
ALTERNATIVES:

The City Council could choose to deny or give other recommendations.

FISCAL IMPACT:

Within the Adopted Budget there is $50,000 available for Community Events Grants.

COMMUNITY EVENTS GRANT APPLICANTS 2023/2024

JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE
EVERTON GORDON AFROLAB AFROLAB $ 15,000.00 30%
MATTHEW PRITCHARD 29 PALMS YACHT CLUB PALM TREE FESTIVAL $ 50,000.00 100% PATRICK ZUCHOWICKI JUCAUD DESERT GENERAL LLC TWENTYNINE PALMS BOOK FESTIVAL $ 7,500.00 15% CHARLIE E. PARKER

SHAKESPEARE IN THE PARK &

RENAISSANCE FAIR
$ 20,000.00 40%

CHERYL MONTELLE MIL-TREE VETERAN PROJECT

MIL-TREE VETERANS DAY

CELEBRATION
$ 7,476.00 15%

JACQUELINE HERRERA

MON PETIT MOJAVE FOUNDATION
INC.

MON PETIT MONDE: A CELEBRATION

OF WORLD MUSIC
$ 12,050.00 24%

CHRISTINE GRIMES

JOSHUA TREE NATIONAL PARK

ASSOCIATION

CULTURE COLLECTIVE AT JOSHUA

TREE NATIONAL PARK
$ 15,000.00 30%

CAROL EDWARDS

CARDA LLC/TASTE OF THE HI-DESERT

ORGANIZING COMMITTEE
TASTE OF THE HI-DESERT $ 35,000.00 70%

DEBBIE MEDINA

FRIENDS OF THE TWENTYNINE

PALMS LIBRARY
MORONGO BASIN SPELL-A-THON $ 1,000.00 2%
MATT BEUROIS COLORADO STUDIO LLC COMMUNITY GARAGE SALE $ 6,505.00 13%

CAROLYN PENNYPACKER RIGGS

DISTANCE DUET - FREE PUBLIC

CHORAL PERFORMANCES
$ 5,000.00 10%

PASTOR TERRANCE SANDIFER

COMMUNITY LEARNING AND
EQUIPPING PROJECT (CLEP) TOGETHER 29 $ 50,000.00 100%

SANDY SMITH

COPPER MOUNTAIN COLLEGE

FOUNDATION
CMC HOWL POETRY SLAM $ 1,000.00 2%

TERENCE LATIMER BLACK CACTUS CO-WORKING

DINE TWENTYNINE FOOD FESTIVAL &

RESTAURANT WEEK
$ 15,000.00 30%
PHIL GEORGIADES GAR BUILDERS PALMS MUSIC FEST $ 10,000.00 20% PHIL GEORGIADES GAR BUILDERS PALMS ART FESTIVAL $ 10,000.00 20%

JEREMIAH SCHUYLER AND GEORGE

MULOPULOS

PROPER MANAGEMENT AND

PROACTIVE PROPERTIES LLC
DESERT PALOOZA $ 50,000.00 100%

TANIA HAMMIDI
HI-DESERT PRIDE 2024 CELEBRATION
& COMMUNITY IN 29 PALMS!
$ 8,000.00 16%
ROGER THOMAS WEDNESDAY EVENING STREET FAIR $ 20,800.00 42% % OF $50K FUND
≤25% OF FUNDING
26%-50% OF FUNDING
≥51% OF FUNDING
LEGEND
MONTH

APPLICANT EVENT AMOUNT REQUESTED

ONGOING / WEEKLY

COMPANY/ORGANIZATION

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Aug 08 2023
SUBJECT: Agreement with Caroline Partamian.

RECOMMENDATION:

The City Council authorize the City Manager to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Workshop 29 producer
contract
BACKGROUND:

Earlier this year, the Public Arts Advisory Committee (PAAC) applied for a Creative Corps grant, and was awarded $100,000 to produce a series of free to the public arts and culture workshops. The majority of the funds (80%) is mandated to be spent on artist pay. The duties of the grant administrator, as well as the pay rate and schedule, are attached to this report.

Below is the call for this person:

Call For Producer
Twentynine Palms’ Public Art Advisory Committee (PAAC) seeks a dynamic ARTIST PRODUCER to implement the exciting and innovative 36-week WORKSHOP 29 program funded by a California Creative Corps grant.

This is a fantastic opportunity for a visionary producer to take the lead on a program designed to bring arts education to local residents; included in the project is a mentoring system for the next generation of artists in our rural community, which will encourage them to become future leaders and truly reflect the city’s diversity, issues, and concerns.

The ARTIST PRODUCER will produce four community arts workshops and a cumulative wrap festival between August 2023 and May 2024, working closely with the PAAC, local artists, educators, City staff, and attendees.

This role will be filled by an artist who is also an organizer/educator or has a background in programming and producing with at least 5 years of experience. They will:
· Work with the PAAC Committee members on meetings, workshop and publicity schedule · Work with the PAAC Assistant on venue scheduling,
· Facilitate orientation and evaluation meetings with Artist Mentors, · Coordinate documentation with the videographer,
· Arrange for equipment rentals as needed,
· Ensure that all Artist Mentor equipment needs are met, and everything is on site and ready for the workshops and wrap festival in addition to other producing tasks as needed.

In addition to experience organizing programming and/or producing events, the ARTIST PRODUCER must:
· Be a consummate communicator,
· Have strong administrative skills,
· Document the ongoing process,
· Work cooperatively with team members,
· Experience with Google Docs, Microsoft Office, and other applications as needed, · Bi-lingual Spanish / English preferred.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could reject the contract or make modification to this service agreement.

FISCAL IMPACT:

The contract will not exceed $37,800 for the 2023/2024 Fiscal Year.

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CITY OF TWENTYNINE PALMS

AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and effective as of 21st of July, 2023, between the City of Twentynine Palms, a municipal corporation ("City") and Caroline Partamian, an Individual ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on 31st of July, 2023 and shall remain and continue in effect until tasks described herein are completed in Exhibit A, but in no event later than the 31st of July, 2024, unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Contractor.

Contractor shall perform the work and services under this Agreement in accordance with such heightened standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.

4. CITY MANAGEMENT
The City's manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager

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shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Contractor biweekly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Final payment shall be coordinated and conditioned with completion of the tasks set forth in Exhibit A. This amount shall not exceed Thirty Seven Thousand Eight Hundred dollars ($37,800.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Contractor shall not be compensated for any services rendered in connection with his/her performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
(c) Contractor will submit invoices bi-weekly for actual services performed.

Invoices shall be submitted on or about the first and fifteenth business day of each month, or as soon thereafter as practical, for services provided in the previous two weeks. Invoices shall include the contract amount, hours worked & invoice amount, and balance remaining. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Contractor shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Contractor. (e) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, if Contractor has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10 of this Agreement, City has the sole discretion to withhold any and all payments to Contractor until Contractor delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

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6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Contractor.

7. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS

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(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability thereof.

To the fullest extent permitted by law, Contractor shall protect, indemnify, defend

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and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability thereof.

For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8.
(b) Indemnification Provisions Pertaining To Subcontractors And Others Performing Work. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

10. INSURANCE
Contractor must provide a general liability insurance policy in the amount of one million dollars naming and endorsing the City of Twentynine Palms as an additional insured. Any employees of the contractor must also be listed as additionally insured.

11. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have

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control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Twentynine Palms will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST

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(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-Contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, California 92277
Attention: City Clerk
To Contractor: Caroline Partamian
2633 Keeler Ave
Yucca Valley, CA 92284

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17. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Caroline Partamian shall perform the services described in this Agreement.

Caroline Partamian may use assistants, under its direct supervision, to perform some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of key team members from Contractor's employ. Should he/she leave Contractor's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Twentynine Palms.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void

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or affect the validity of the other provisions of this Agreement.

22. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

23. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

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executed the day and year first above written.

CITY OF TWENTYNINE PALMS
By:___________________________
Frank J. Luckino, City Manager
Attest:
________________________________
Cindy Villescas, City Clerk
Approved As to Form:
________________________________
Patrick Munoz, City Attorney

CONTRACTOR
By:___________________________
_______Caroline Partamian________
(Typed Name)
Its:___Artist Producer - Workshop29__
(Title)
By:_____________________________
(Signature)
________________________________
(Typed name)
Its:_____________________________
(Title)

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EXHIBIT A

SCOPE OF WORK

ARTIST PRODUCER
Administrative
- Oversee and execute the Creative Corp Grant as written by the PAAC. - Follow guidelines as set out by the Inland Empire Community Foundation (IECF) grant agreement.
- Maintain detailed progress updates and communication with all participants within Basecamp.
- Keep a weekly check-in schedule with PAAC Project Lead. - Assist in other miscellaneous tasks as they arise.

Program Development & Production
- Work with PAAC Mentorship Subcommittee to design and implement mentorship program.
- Implement outreach for the Mentee program.
- Work with PAAC Assistant on meeting and workshops scheduling for all other events. - Facilitate orientation and evaluation meetings with Artist Mentors and Mentees. - Work with Artist Mentors and Mentees to facilitate any production needs post workshop such as zines, books or performance rehearsals etc.
- Work with Graphic Designer to create all necessary graphic assets for print media, social media, and branding to be included in promotional and outreach videos and documentation of events, ensuring a focus on accessibility and reaching underserved populations in Twentynine Palms.
- Develop an outreach program based on specific needs for each workshop ensuring a high level of participant engagement, especially within underserved communities. - Create a publicity plan to promote Artist Mentors, Mentees and Workshop29 as a whole.

Event Management
- Act as site manager for workshops or coordinate with PAAC Assistant to create a list of duties to execute at event.
- Coordinate with any PAAC members or other volunteers to assist at events. - Work with Paac Assistant to facilitate accessibility needs and arrange for transportation, translation, and other accessibility accommodations.
- Arrange for equipment rentals as needed

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- Ensure that all Artist Mentor equipment needs are met and everything is on site and ready for the workshops and wrap festival
Reporting & Documentation:
- Coordinate all aspects of documentation with the videographer. - Create and maintain a system for program participant evaluations for reporting to IECF. - Work with PAAC Project Lead to create and present mid-term and final reports including a narrative on outcomes based on goals and objectives set forth in the grant proposal. - Facilitate any site visits by IECF
- Participate in IECF Meetings, Sessions and other Activities such as monthly check-ins with regional facilitators (via zoom), at least two grantees convenings in October 2023 and March 2024, with the option to also attend the IECF Culmination Event, in person in July 2024.
- Work with PAAC Assistant and PAAC Project Lead to create presentation to be presented at IECF Culmination Event.
- Work with PAAC Assistant to keep detailed records of receipts and expenditures of grant funds in the form of a General Ledger or equivalent spreadsheet.

Producer Blackout Dates
Artist Producer will be available for events exempting the following dates:

Saturday, August 26
Saturday, September 9
Wednesday September 13 - Tuesday, September 19
Saturday, September 23
Thursday, October 5
Thursday, October 12 - Sunday, October 22
Sunday, October 29
Saturday, November 18
Saturday, December 23 - Sunday, December 24
Saturday, December 30 - Sunday, December 31
Saturday, January 20
Saturday, April 13
Saturday, May 11

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EXHIBIT C

PAYMENT SCHEDULE
The Artist Producer will submit an invoice on or around the 1st & 15th of each month in accordance with the Finance Department’s disbursal schedule. Checks are issued on Wednesdays. Please submit invoices to PAAC Assistant no later than the Wednesday prior.

Payments are to be made at the rate of $70 hour not to exceed $37,800/540 hours for all responsibilities. Should Artist Producer duties be assigned to the PAAC Assistant for any reason, those duties will be paid at the rate of $50 an hour to the PAAC Assistant and will be subtracted from the Artist Producer funds stated above. Three weeks notice is necessary prior to an absence to give adequate time for PAAC Assistant to prepare.

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: MBTA Public Parking - Indemnification Agreement.

RECOMMENDATION:

The City Council authorize the City Manager to sign the indemnification agreement with Basin Transit for the use of potential overflow parking in the downtown area.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Indemnification Agreement -
MBTA Public Parking
BACKGROUND:

The City of Twentynine Palms and Basin Transit have worked together for several years on purchasing property to expand their transfer operations. Basin Transit is a Joint Powers Authority (JPA) with the City being a member agency of the JPA. The City was the lead agency in purchasing the land for this expansion. It is approximately

1.5 acres behind Wiefels and Chevron. Due to grant commitments at the current location on Adobe Road, they cannot develop the new transfer station for approximately 8 years. Prior to the development of the new transfer station, the City MAY need this land for overflow parking for events. Basin Transit will allow this activity to be used IF they are indemnified for any liability.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose not to approve the Indemnification and give Staff alternative direction.

FISCAL IMPACT:

None for this action.

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USE AND INDEMNIFICATION AGREEMENT
THIS USE AND INDEMNIFICATION AGREEMENT (“Agreement”) is made effective as of ___________, 2023 (“Effective Date”), by and between the CITY OF TWENTYNINE PALMS, a California municipal corporation (“City”) and the MORONGO BASIN TRANSIT AUTHORITY, a joint powers authority (“Basin Transit”). City and Basin Transit are collectively referred to in this Agreement as the “Parties” and individually as a “Party.”

RECITALS
A. Basin Transit is the transit authority that serves the Morongo Basin in San Bernardino County pursuant to a joint power authority agreement between the City, the City of Yucca Valley, and San Bernardino County.

B. Basin Transit desires to build a transit center in the City (the “Transit Center”), upon property the Parties identified and believe will be suitable for such purpose (the “Transit Center Properties”). The Transit Center Properties are more particularly described as follows:

Lots 71, 72, 73, 74, 80, 81 and 82, of Tract 2520, New Townsite Addition, in the City of Twentynine Palms, County of San Bernardino, State of California, as per Map recorded in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County, having the following Accessor Parcel Numbers: 0617-104-06, 0617-104-07, 0617-104-08, 0617-104-09, 0617-104-15, 0617-104-16, and 0617-104-17.

C. Basin Transit does not intend to move forward with the proposed Transit Center project for several years.

D. Until such time as Basin Transit moves forward with the proposed Transit Center project, City desires to use the Transit Center Properties for public parking (“Public Parking Land Use”), and Basin Transit agrees to allow such use during that time provided this Agreement is executed and effective.

NOW, THEREFORE, Basin Transit and the City do hereby agree as follows:

1. Incorporation of Recitals. The recitals stated hereinabove are incorporated into this Agreement by this reference.

2. Use of Transit Center Properties. The City shall have the exclusive use of the Transit Center Properties for public parking during the duration of this Agreement. This Public Parking Land Use shall be at no cost to the City.

3. Indemnification. The City shall defend, indemnify, and hold harmless Basin Transit and its agents, officials, officers, and employees from and against any claim, action, or proceeding against Basin Transit or its agents, officials, officers, or employees related to the Public Parking Land Use, including without limitation, all damage, loss, or injury of any kind or nature whatever to persons or property. This defense and indemnification shall include the payment of all

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reasonable attorneys’ fees and costs incurred by or on behalf of Basin Transit in connection with the Public Parking Land Use.

Basin Transit will promptly notify the City of any claim, action, or proceeding and will cooperate fully in the defense thereof.

4. Improvements. The City shall make no improvements, alterations, or modifications to the Transit Center Properties without prior written approval of the General Manager of Basin Transit, who, as part of the approval of this Agreement by the governing board of Basin Transit, shall have such approval authority. Any approved improvements, alterations, or modifications capable of being removed, shall be removed by the City, at its sole cost and expense, upon the written request of Basin Transit.

5. Control, Security, and Maintenance. The City shall have operational control of the Transit Center Properties, consistent with their use for public parking. The City shall be responsible to secure the Transit Center Properties and maintain the Transit Center Properties in same or similar manner and condition as other City-owned public parking facilities.

6. Termination. Basin Transit may terminate this Agreement without cause upon five (5) days advance written notice to the City.

7. Notice. Any notice, request, approval or communication delivered by one Party to the other shall be in writing and delivered by one of the following methods: (a) personal delivery; or (b) reputable overnight commercial carrier or delivery service that provides a receipt with the time and date of delivery, addressed as follows:

To City: City of Twentynine Palms
6136 Abode Road
Twentynine Palms, CA 92277
Attention: City Manager
To Basin Transit: Basin Transit
62405 Verbena Road
Joshua Tree, CA 92252
Attention: General Manager
Any notice addressed to a Party set forth above in this Section will be deemed received and effective on the earlier of: (i) the date of delivery if personally delivered; or (ii) one (l) day following the receipt of such notice by the overnight carrier or delivery service from the sender, as shown on the sender's delivery invoice from such carrier or service, if delivered by commercial carrier or delivery service.

8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of

2671/014122-0049
19074452.1 a07/17/23 -3-
electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

9. Authorization and Understanding. Having read and understood this Agreement, all persons signing below represent and warrant that they have been fully authorized to act on behalf of the Party for whom they are signing.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

CITY
City of Twentynine Palms,
a California municipal corporation
By:
__________________________________
Frank J. Luckino
City Manager

BASIN TRANSIT
Morongo Basin Transit Authority,
a joint powers authority
By:
__________________________________
Cheri Holsclaw
General Manager

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: I-Bank Resolution.

RECOMMENDATION:

The City Council approve Resolution No. 23-___, authorizing the submission of a loan application to the Infrastructure Bank (I-Bank) in the amount of $500,000 for furtherance of the Luckie Park Stadium Light 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:
• IBank Resolution
BACKGROUND:

Several years ago, the City Council allocated $1M for the replacement of Luckie Park Stadium lights around the park, however the estimate is around $1.4M, hence the need to borrow an additional $500K to complete the financing for the project. Those lights and poles are 50+ years old. The poles are wood and deteriorating and the lights are old. The proposed improvements would be steel poles and LED lights.

The Lights would create a savings of about 70% of current costs. Below is a cost estimate from Qualite, the same company that installed the lights at Knotts Sky Park. Tanko lights is a consultant and project manager that has helped the City analyze and would oversee the project. The City would bid out the construction of the project once the loan is approved by I-Bank.

Twentynine Palms Luckie Park LED Conversion Pricing
Task Amount Notes
Material ( Optio n 1) $ 822,00 3.00
Total Cost Wit h Early Pay men t Discount - 50% pay ment a t ti me of PO Sales Tax, Labor, Unloadi ng, and I nstalla tion of Eq uip ment is NOT include d Material ( Optio n 2) $ 844,37 5.00
Total Cost Wit hout Early Pay ment Discou nt -No 50% paym ent u pon PO submissio n Sales Tax, Labor, Unloadi ng, and I nstalla tion of Eq uip ment is NOT include d

Installa tion $ 306,70 0.00 Includes all services related to the re moval of the exist ing 2 8 sports ligh ting syste ms ( includi ng poles an d fixt ures) , as well as the installa tion o f 22 ne w LED sports lig hts an d 22 ne w poles, and the p oten tial ins tallat ion of 22 new area li ghts Conti ngency $ 254,15 7.00 Electrical Inst allati on per fiel d quo te incl udes all labor, eq uip ment, ne w cond uit, wire an d min or material Total Option 1 $ 1,382,860.00
Total Option 2 $ 1,405,232.00
The below is the background of the I-Bank:

The California Infrastructure and Economic Development Bank (IBank) was created in 1994 to finance public infrastructure and private development that promote a healthy climate for jobs, contribute to a strong economy and improve the quality of life in California communities. IBank operates pursuant to the Bergeson-Peace Infrastructure and Economic Development Bank Act contained in the California (Government Code Sections 63000-63089.98) et seq. IBank is located within the Governor’s Office of Business and Economic Development and is governed by a five-member Board of Directors.IBank has broad authority to issue tax-exempt and taxable revenue bonds, provide financing to public agencies, provide credit enhancements, acquire or lease facilities, and leverage State and Federal funds. IBank’s current programs include the Infrastructure State Revolving Fund (ISRF) Loan Program, Small Business Finance Center and the Bond Financing Program.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose not to approve the loan submission, use reserves to pay for the Lights, cancel the project, or give other direction.

FISCAL IMPACT:

The $1M is already allocated in the current approved budget, and the debt service payments are within the approved budget as well, so there is no additional fiscal impact. The estimated debt service payment will be $38,089.

1 CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23 - _____

A RESOLUTION OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE

CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
BANK (“IBANK”) FOR FINANCING A CAPITAL IMPROVEMENT

PROJECT, AUTHORIZING THE INCURRING OF AN OBLIGATION

PAYABLE TO IBANK FOR THE FINANCING OF A CAPITAL
IMPROVEMENT PROJECT. IF IBANK APPROVES SAID APPLICATION,

DECLARATION OF OFFICIAL INTENT TO REIMBURSE CERTAIN

EXPENDITURES FROM THE PROCEEDS OF AN OBLIGATION, AND

APPROVING CERTAIN OTHER MATTERS IN CONNECTION

THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and
WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated June 28, 2023, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and
WHEREAS, the City of Twentynine Palms (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of Luckie Park Stadium Lighting (“Project”) in an amount not to exceed $500,000; and
WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and

2 WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its General Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and
WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $500,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and
WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.

NOW, THEREFORE, be it resolved by the City Council of the City of Twentynine Palms (City Council) as follows:

Section 1. The City Council hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources;
b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities; c. That the Project is consistent with the General Plan of the City of Twentynine Palms, and the General Plan of the County San Bernardino; d. The proposed financing is appropriate for the Project; e. The Project is consistent with the Criteria; and
f. It has considered (i) the impact of the Project on California’s land resources and the need to preserve such resources; (ii) whether the Project is economically or socially desirable; and (iii) whether the project is consistent with, and in furtherance of the State Environmental Goals and Policy Report (as defined in the Criteria).

3 Section 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.

Section 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.

Section 4. The City Manager and his or her designee is hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to, “the authority to make payments from general fund revenues and other legally available sources of funds for the repayment of the Obligation and to provide covenants relating to the Obligation and as to any security or collateral securing the Obligation”.

Section 5. If the Financing Application and the Obligation is approved by IBank, the City Manager and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.

Section 6. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED on the 8th day of August, 2023. ______________________________
McArthur Wright, Mayor
_____________________________
Cindy Villescas, CMC, City Clerk

4 I, do hereby certify that the foregoing Resolution No. 23 – XX was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 8 th day of August 2023, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_________________________
Cindy Villescas, CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Aug 08 2023
SUBJECT: Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2023-2024.

RECOMMENDATION:

The City Council:
1) Conduct the Public Hearing.
2) Adopt Resolution No. 23-__; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Open Public Hearing
Request Public Comment
Close Public Hearing
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Engineer's Report 2nd
meeting
• Resolution Confirming the
Diagram and Assessment
BACKGROUND:

On May 23, 2023, the City Council approved Resolution No. 23-07, directing the filing of the Annual Report for the Twentynine Palms' Landscaping and Lighting District, approved the Engineer’s Report, and approved Resolution No. 23-08 to declare the City’s intention to order improvements and to levy and collect assessments for the Fiscal Year 2023-2024. The Resolution also gave notice of the time and place for the Public Hearing to discuss the proposed assessment.

As indicated within the Engineer’s report, the proposed net amounts to be assessed for each location within the assessment district are as follows:

Proposed
Last year’s assessment
Location No. Tract No. No. of lots assessment (FY22/23) • L-1 Tract 16729 132 $97.67/lot $97.67/lot
• L-2 Portion of Tract 2530 10 $Varies/lot $Varies/lot

The Landscaping and Lighting Act of 1972 permits the installation, maintenance, and servicing of landscaping and lighting through annual special assessments on real property benefiting from the improvement. The purpose of the assessment district is to provide a funding mechanism for the ongoing maintenance of the improvements in the public right-of-way, including parkway landscaping, retention basin landscaping, irrigation systems, street furniture, public art, and perimeter block walls, street lighting, and other related improvements. The annual assessments for each annexed territory of the Assessment District are listed in Part B of the Engineer’s Report. Excluding the inflation escalation factor for L-2 of

6.6%, there is no increase in the assessments for this fiscal year. The recommended procedures comply with all requirements of Proposition 218.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose to amend the report.

FISCAL IMPACT:

There is no financial impact to the City.

ENGINEER'S REPORT

CITY OF TWENTYNINE PALMS
ASSESSMENT DISTRICT NO. 1
The undersigned respectfully submits the enclosed report as directed by City Council.

Richard Pedersen, P.E.

Engineer of Work
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of __________________, 2023
Cindy Villescas,
City Clerk, City of Twentynine Palms,
San Bernardino County,
State of California
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Twentynine Palms, California, on the _____ day of __________________, 2023 Cindy Villescas,
City Clerk, City of Twentynine Palms,
San Bernardino County,
State of California
By____________________________

ENGINEER'S REPORT

CITY OF TWENTYNINE PALMS
ASSESSMENT DISTRICT NO. 1

TABLE OF CONTENTS
PART A - General Description of Improvement. Plans and specification for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B- An estimate of the cost of the improvements.

PART C- A diagram showing all the parcels of real property within this assessment district.

PART D- Assessment Roll. An assessment of the estimated cost of the improvements on each benefited parcel of land within the assessment district.

PART A

PLANS AND SPECIFICATIONS
· L-1
TRACT NUMBER: 16729
LOCATION: North of El Paseo Road, West of Encelia avenue DESCRIPTION: Plans and specifications for the improvements are those prepared by Pope and Associates, Landscape Architects, dated August 5, 2004. These plans and specifications have been filed separately with the Clerk of the City of Twentynine Palms and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of native shrubs, vines, low perennials other decorative bushes, decorative rock, and a perimeter wall. Improvements include streetlights.

Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall along the along the perimeter of Tract 16729. In addition, to the parkway landscaping, a landscaped retention basin located at the corner of El Paseo Road and Encelia Avenue is included within the landscape maintenance district.
· L-2
TRACT NUMBER: Portion of Tract 2530
LOCATION: Historic Plaza
DESCRIPTION: Plans and specifications for the improvements, including landscaping, irrigations systems, public art, sidewalks, and street furniture to be maintained within the Plaza area, including the pocket park, which serve and benefit the properties within the boundaries of the Historic Plaza Maintenance Assessment District, L-2, are on file in the City Engineer’s Office. Said plans and specifications were prepared as separate instruments for the construction and installation of said item and are hereby incorporated by reference.

PART B
• L-1 Tract 16729

ITEM DESCRIPTION UNIT COST
ANNUAL
COST

1. Maintenance $17,700

2. Water consumption $889

3. Electrical Service $412

4. Landscaping upgrades $0
TOTAL $19,001
Total cost for FY
2022/2023 $19,001
Total Revenues for FY2022/2023 $14,395
Surplus or deficit ($4,606)
Last Year's Reserve Fund Balance $92,681
Surplus / Deficit ($4,606)
Total Reserve Fund $ 88,075
Estimate for FY
2023/2024 $12,892
Number of lots: 132
Proposed Cost per lot per year (FY2023/2024) $97.67
Last year's assessment per lot per year $97.67
• L-2 Tract 2530 (portion), Historic Plaza

ITEM DESCRIPTION UNIT COST
ANNUAL
COST

1. Maintenance $6,000

2. Water consumption $1,028

3. Electrical Service $0
TOTAL $7,028
Total cost for FY
2022/2023 $7,028
Total Revenues for FY2022/2023 $7,392
Surplus or deficit $364
Last Year's Reserve Fund Balance $984
Surplus / deficit $364
Total Reserve Fund $620
Estimate for FY
2023/2024 $ 9,635
Number of lots: 10
Proposed Cost per lot per year (FY2023/2024) Varies
Last year's assessment per lot per year Varies

PART C
L-1, DESERT VISTA

L-2, THE HISTORIC PLAZA

PART D

ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment /lot /year L-1 Tract 16729-1 0715-271- (1-68) and
Tract 16729 0715-281- (1-64) $97.67
TOTAL $12,892.44
L-2 Tract 2530 621-132-01 $1,631.75
621-132-02 $615.63
621-132-03 $1,154.32
621-132-04 $615.63
621-132-05 $384.46
621-133-01 $769.52
621-133-02 $1,385.16
621-133-03 $769.52
621-133-04 $923.43
621-133-05 $1,385.16
TOTAL $9,634.58

RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS CONFIRMING THE DIAGRAM AND

ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL
YEAR 2023-2024
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The City Council of the City of Twentynine Palms hereby resolves as follows:

Section 1: Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer, Engineer of Work for Assessment District No. 1, to prepare and file an annual report for fiscal year 2022-2023.

Section 2: The Engineer of Work filed his annual report with the City Clerk, and the City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2023-2024 and set a public hearing to be held on August 8, 2023, at the Council Chamber of the City Council located at 6136 Adobe Road, City of Twentynine Palms, California. Notice of the hearing was given in the time and manner required by law.

Section 3: At the public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the City Council has considered each protest.

Section 4: The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2023-2024.

PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2023. _________________________________
MAYOR
ATTEST:
____________________________

CITY CLERK (SEAL)

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: Morongo Basin Arch.

RECOMMENDATION:

The City Council review and approve the promissory note of $20,000 to Morongo Basin Arch for the support of the homeless in Twentynine Palms.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2023 0713 MB ARCH
Promissory Note
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 $75,000 in the FY2023/24 budget to help with the lack of funding.

Morongo Basin Arch, a good strategic partner for the City has requested financial support as they await grant funding from the County of San Bernardino County to be received.

Morongo Basin Arch approached the City with needs to support the homeless in Twentynine Palms. One was a need for some bridge financing, hence the $20,000 promissory note. Second was the need for a navigational house for homeless to come to access services and can also be used for a cooling and a warming center.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose to grant the funds and/or grant only part of the funds.

FISCAL IMPACT:

$20,000 from the $75,000 allocated for the Homeless and Housing funds.

PROMISSORY NOTE
this " Note")
Borrower:

Lender:

Principal Amount:

Morango Basin ARCH ( the " Borrower")
City of Twentynine Palms ( the " Lender")
20, 000 USD

1. FOR VALUE RECEIVED, The Borrower promises to pay to the Lender at such address as may be provided in writing to the Borrower, the principal sum of $20, 000 USD, without interest payable on the unpaid principal, beginning on July 13, 2023.

2. This Note will be repaid in full on January 31, 2024.

3. At any time while not in default under this Note, the Borrower may pay the outstanding balance then owing under this Note to the Lender without further bonus or penalty.

4. The Borrower shall be liable for all costs, expenses and expenditures incurred including, without limitation, the complete legal costs of the Lender incurred by enforcing this Note as a result of any default by the Borrower and such costs will be added to the principal then outstanding and shall be due and payable by the Borrower to the Lender immediately upon demand of the Lender.

5. If any term, covenant, condition or provision of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Note will in no way be affected, impaired or invalidated as a result.

6. This Note will be construed in accordance with and governed by the laws of the State of California.

Promissory Note Page 2 of 2

7. This Note will ensure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the Borrower and the Lender. The Borrower waives presentment for payment, notice of non- payment, protest and notice of protest.

8. It is noted that the City ofTwentynine Palms awarded to Morongo Basin ARCH a loan in the amount of $20; 000 on July 13, 2023.

IN WITNESS WHEREOF the parties have duly affixed their signatures.

SIGNED AND DELIVERED Morongo Basin Arch
This I day of dal I y
p. 23

SIGNED AND DELIVERED
This 13 day of July , 2023
Name Astrid Johnson
Title
Ci , nine Palms
By
Name Frank J. Luckino
President
Title City Manager

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: Council Code of Conduct - Future Agenda Item Request.

RECOMMENDATION:

The City Council provide policy direction.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Council and Board code of
conduct - Example
BACKGROUND:

During the Future Agenda item discussion, Mayor Wright requested and Council Member Mintz seconded, the need to have a code of conduct for City Council Members. Staff has randomly, through an internet search, attached an example of a code of conduct for Council Members. If the City Council chooses to move forward with this future agenda item request, Staff requests a Council two-member committee to work on the details of the code of conduct.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council could choose to provide other direction.

FISCAL IMPACT:

None at this time.

ADMINISTRATIVE POLICY
Number: I-42
Issued: September 10, 2020
Jurisdiction: City Council

CITY COUNCIL AND COMMISSIONER

CODE OF CONDUCT
Table of Contents

1.0 Preamble .............................................................................................................................. 1

2.0 Core Values.......................................................................................................................... 1

3.0 Setting a Higher Standard within the Existing Framework ................................................. 2

4.0 Transparency in decision making. ....................................................................................... 2

4.1 Public Meetings................................................................................................................ 2

4.2 Council Communications & Serial Meetings................................................................... 2

4.3 Closed Session Discussions. ............................................................................................ 3

4.4 Closed Session Materials. ................................................................................................ 3

5.0 Fairness of Process............................................................................................................... 3

5.1 Decisions on the Merits.................................................................................................... 3

5.2 Disclose Information........................................................................................................ 3

5.3 Consider All Sides............................................................................................................ 4

5.4 Decorum........................................................................................................................... 4

5.5 Attentiveness. ................................................................................................................... 4

6.0 Ethical Decision Making...................................................................................................... 4

6.1 Avoiding the Appearance of Impropriety. ....................................................................... 4

6.2 Ethical Principles to Follow. ............................................................................................ 5

6.2.1 Avoid Personal Interests. .......................................................................................... 5

6.2.2 No Personal Gain. ..................................................................................................... 5

6.2.3 City Stationery. ......................................................................................................... 5

6.2.4 Appearing before Council......................................................................................... 5

6.2.5 Gifts........................................................................................................................... 5

7.0 Efficiency and Accountability ............................................................................................. 5

7.1 Members Should Not Interfere with Operations. ............................................................. 6

7.2 Interaction of Members. ................................................................................................... 7

7.2.1 Positions of Mayor and Chairperson......................................................................... 7

7.2.2 At Public Meetings ................................................................................................... 7

7.2.3 Relations with Fellow Members............................................................................... 8

7.2.4 Public Communication and Appearance................................................................... 8

8.0 Enforcement......................................................................................................................... 9

8.1 Member Responsibility. ................................................................................................... 9

8.2 Council Authority............................................................................................................. 9

8.2.1 Training and Education............................................................................................. 9

8.2.2 Councilmembers. ...................................................................................................... 9

8.3 Violation of Oath of Office. ........................................................................................... 10

8.3.1 Oath of Office. ........................................................................................................ 10

8.4 Violation of Protocols. ................................................................................................... 10

8.4.1 Complaint................................................................................................................ 10

8.4.2 Investigation............................................................................................................ 10

8.4.3 Enforcement............................................................................................................ 10 APPENDIX A – LEGAL FRAMEWORK & RESOURCES....................................................... 13 APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS ................................. 15 APPENDIX C – Receipt of Code of Conduct .............................................................................. 17

- 1 -

1.0 Preamble
The Capitola City Council declares that citizens of the City of Capitola are entitled to have fair, open, ethical, efficient and accountable local government and that City officials should continually strive to earn the public’s confidence. Toward that end, these Protocols establish higher standards of conduct for members of the City Council and members of City boards and commissions (collectively “Members”) than are currently required under the laws of the State of California.

The Members pledge to hold themselves and other Members responsible for observing the standards set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City government.

2.0 Core Values
Responsibility
• I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• I will keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit
• I will avoid and discourage conduct which is divisive or harmful to the best interests of Capitola
• I make decisions based on the merits of an issue, including research and facts. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

Integrity
• I am honest with my fellow City officials, City staff, members of the community, and others.
• I promote equity and non-discrimination in public agency decision-making. • I encourage diverse public engagement in our decision-making processes and support the public’s right to know.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my actions as a City Official Respect/Value others
• I recognize the worth and dignity of individual members and appreciate their individual talents, perspectives and contributions; value in others. • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.

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• I help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential. • I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff.

Accountability
• I am prepared to make decisions when necessary for the public’s best interests, whether those decisions are popular or not.
• I do not make promises on behalf of the City without concurrence from the City Council at a duly noticed public meeting.
• I take responsibility for my actions, even when it is uncomfortable to do so. • I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.

3.0 Setting a Higher Standard within the Existing Framework By adopting these Protocols, the Council intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the Council intends that these Protocols will not merely restate existing legal obligations but will establish a higher standard of conduct for Members in the governance of the City.

Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.

4.0 Transparency in decision making.

Transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Toward that end, Members will adhere to the following standards:

4.1 Public Meetings.

Members will hold public meetings in accordance with the Ralph M. Brown Act (the “Brown Act”). Members will seek guidance from the City Attorney as to the Brown Act requirements and will apply those provisions conservatively in favor of the public’s right to participate in public decisions.

4.2 Council Communications & Serial Meetings.

Members will not engage in “serial meetings” with colleagues – a discussion of City issues among a majority of Councilmembers or Commissioners either collectively (i.e. all meeting together) or in a sequence (A talks to B who talks to C). Members

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will not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Ralph M. Brown Act.

4.3 Closed Session Discussions.

As part of a properly agendized meeting, Members may only hold sessions closed to the public, pursuant to the advice of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in closed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.

4.4 Closed Session Materials.

Confidential materials provided in preparation for and during closed sessions must be returned to the City Attorney at the conclusion of the closed session.

5.0 Fairness of Process
Members will comply with the meeting and hearing procedures set forth by these protocols, the Brown Act, and Rosenberg’s Rules of Order. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members will adhere to the following standards of conduct:

5.1 Decisions on the Merits.

Members will base their decisions on the facts and merits of each matter, not upon personal or other biases, and will strive to make decisions that are in the best interests of the community as a whole.

5.2 Disclose Information.

Prior to any deliberations on a project or matter at a public meeting, Members shall publicly disclose information about the matter that they have obtained from sources, not presented in the staff report (e.g. their own site visit, from the public, from the applicant, etc.), which may influence their decision or that of Members.

Remain neutral on quasi-judicial hearings. A quasi-judicial hearing occurs when; a) a hearing is held to apply a rule or standard to an individual person, project or circumstance;
b) it involves the taking of evidence;
c) it results in the rendering or a written decision issued by the hearing officer or tribunal (including adoption of findings); and

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d) the written decision is based on the facts and arguments submitted at the hearing.

Elected and appointed officials are obligated to remain neutral and unbiased regarding quasi-judicial matters prior to their vote on the matter.

5.3 Consider All Sides.

Members should consider the various viewpoints related to a project or matter and afford project applicants and interested persons an adequate opportunity to comment upon a project or matter before action is taken.

5.4 Decorum.

To ensure the fairness and integrity of the deliberative process, the presiding officer should preserve decorum and conduct meetings in an orderly manner.

Members should remain attentive of the business at hand and conduct themselves in a manner that is civil, polite and respectful. Members should refrain from unnecessarily interrupting speakers and not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.

5.5 Attentiveness.

Members should remain attentive at meetings. Members should not make or receive phone calls, text messages or e-mails from the dais. Members should place cellphones and other communication devices in “off” or “silent” mode.

Members should refrain from side-bar conversations with other Members while at the dais.

6.0 Ethical Decision Making
Members should observe the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and apply the guidelines for “Making Ethical Decisions” provided below:

6.1 Avoiding the Appearance of Impropriety.

6.1.1 Make Ethical Decisions. Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.

6.1.2 You May Need to Refrain from Participating. Conflict-of-interest issues are complex. Some situations are not “legal” conflicts of interest but may nevertheless pose the “appearance of impropriety” to the public. If a Member believes they have a conflict, the Member should contact the City

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Attorney or FPPC for advice as soon as possible. The Member should not participate in any matter in which they have a conflict.

6.1.3 Get Help. To assist in making a decision not to participate, Members should consult the guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline, and/or their constituents.

6.2 Ethical Principles to Follow.

6.2.1 Avoid Personal Interests.

Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.

6.2.2 No Personal Gain.

Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.

6.2.3 City Stationery.

City letterhead or stationery or other City resources may not be used by Members to promote personal interests.

6.2.4 Appearing before Council.

Members shall not appear before the City Council or other City board or commission representing any private interest or community group.

Members are permitted to speak as a member of the public on any matter related solely to the Council Member’s personal interest but may not participate in the matter as a Member.

6.2.5 Gifts.

Members will refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.

7.0 Efficiency and Accountability
The City of Capitola operates under a council-manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is

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responsible for directing the day-to-day operations of the City and for administering all City business.

7.1 Members Should Not Interfere with Operations.

Implementing this Rule:
a) City Manager is responsible for City Personnel Members will not interfere with the appointment, evaluation, discipline, or removal by the City Manager of any Department Head or employee of the City. (i) Exception – City Attorney. The City Attorney is hired, appointed, evaluated, and removed directly by the Council. b) Orders and Direction to Employees. Only the City Manager or applicable Department Head may give orders and direction to City employees. Members may not direct the work or actions of City employees. (CMC Section 2.08.090)
(i) Requests for Information. All Members should direct requests for information, research, or reports to the City Manager or applicable Department Head. If there is a legal question it should be directed to the City Attorney. Questions regarding elections and disclosure statements may be addressed to the City Clerk.
(ii) Responses. Substantive responses to Member’s information inquiries will be provided to all Members of the legislative body (e.g. a response to a request by a Councilmember will be provided to all Councilmembers).
(iii) Notifications. Where the City Manager or Department Head provides general facts or information about the City, a program, or a City event to one Member, the information should be provided to all Members of the legislative body. c) Staff Liaisons to City Commissions / Committees and Outside Agencies. Members serving as the City’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.
d) Operations and Service Levels. Criticisms of City operations and service levels may be made only to the City Manager and not to City employees or Department Heads, unless first cleared through the City Manager or expressed in general during a regular Council, board or commission meeting.

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e) Political Solicitation & Activities. Members will not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.). Members will not engage in political activities at City Hall or other City facilities. This provision is not intended to impair the free exercise of federal and state constitutional and statutory rights by City employees.

7.2 Interaction of Members.

7.2.1 Positions of Mayor and Chairperson.
a) Honorary Presiding Officer. The positions of Mayor and Mayor Pro Tempore on the City Council and the positions of chairperson and vice chairperson on City boards and commissions are generally considered honorary and ceremonial, but also serve an important procedural role as the presiding officer at meetings of their body.

Persons appointed to those positions by a majority of their council, board or commission serve at the pleasure of their appointing body. b) Maintain Order, Decorum & Procedure. The Mayor and chairperson are responsible for maintaining order and decorum of their body’s meetings and enforcing these policies where necessary. They are responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.
c) Ceremonial Head. The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.
d) Spokesperson. The Mayor is the official spokesperson for the City and has the primary responsibility for communications with the press and public on official City business, with the exception of a state of emergency. During a state of emergency, the Director of Emergency Services may serve as the primary contact for the public, other governing officials and the press. The Mayor will work on press releases and statements to the press with the City Manager and will report the majority position adopted by the Council, and not his or her personal opinion on matters.

7.2.2 At Public Meetings
a) Follow Rules of Order, Decorum and Procedure. Members should adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the City Council from time to time.

Abiding by these rules will maintain civility and the orderly conduct of business.

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b) Keep Conduct Professional. Members should conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly. c) Keep Comments On-Topic. Public meetings are to attend to and resolve City business. Members should avoid being overly repetitious and should endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates. d) Ask Questions in Advance. When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City employee responsible for the meeting so that meaningful information and responses can be shared at the meeting.

7.2.3 Relations with Fellow Members
a) Civility. Members should always practice civility. By doing so, Members help the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.
b) Different Points of View. Members should exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and recognize their right to express these views on matters of City business within the established rules of decorum and order of business.
c) Managing Conflict. Members should manage disagreement with civility and professionalism and not allow disagreement to turn into open conflict or hostility. Members should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City employees and/or members of the public.

7.2.4 Public Communication and Appearance
a) Personal versus City Positions. It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member should clearly set forth the City’s official position, and then may express their own position.

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(i) Expressing Dissent. Each Member has a right under the First Amendment to express their views and opinions, even if
contrary to the official position of the City. However, Members should express their dissenting views with tact and civility. b) Use of Official Titles. Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.
c) Response to Public Communication. Members are encouraged to respond promptly to letters, telephone calls, electronic communication, and other communications received from member of the Public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious or harassing communications.

8.0 Enforcement

8.1 Member Responsibility.

Upon assuming office each Member shall sign a statement affirming that they have received and reviewed these Protocols. Each Member is responsible for adhering to these Protocols as well as the laws that comprise the basic legal framework for local government.

8.2 Council Authority.

The City Council has authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.

8.2.1 Training and Education.

The City Council may sponsor or require periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).

8.2.2 Councilmembers.

Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 8.4.3, a majority of the Councilmembers may remove a Councilmember from all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.

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8.3 Violation of Oath of Office.

8.3.1 Oath of Office.

All Members take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.

8.4 Violation of Protocols.

8.4.1 Complaint.

Where any Board or Commission Member, Councilmember, City employee, or resident of the City believes that a Member has violated these Protocols or their Oath of Office, they may file a written complaint with the City Clerk who will then provide it to the City Manager and City Attorney. The complaint shall be considered confidential until the City Attorney has determined the appropriate next action.

8.4.2 Investigation.

Within thirty (30) days of receipt of a Complaint as provided in Section

7.4.1., the City Manager and City Attorney shall review the complaint. If, in the City Attorney’s determination, the complaint alleges a violation of law, the City Attorney shall determine appropriate next steps.

For example, a complaint alleging theft of public funds or bribery, or a complaint from a purported whistle-blower (pursuant to California Labor Code Section 1102.5) may be forwarded to the Office of the District Attorney. Complaints alleging other violations of the law may be forwarded to the City’s risk-management pool for a determination. The City Attorney shall have the authority to retain an outside investigator to investigate complaints from employees alleging violations of the Fair Employment and Housing Act.

All complaints, including complaints alleging violations of these protocols and any other City policy or procedure, at the appropriate point in the process as determined by the City Attorney shall be forwarded to the City Council for consideration in open session. The City Council may order an investigation.

8.4.3 Enforcement.

The City Council may use any of the following to respond to any and all violations of these protocols: (i) a warning (ii) a written reprimand; or (iii) censure. In addition, the City Council shall have the authority to remove

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Board or Commission Members from office as a remedy for violations. (CMC 2.12.020 for Planning Commissioners).

The City Council, Boards and Commissions shall use the following procedure to consider complaints forwarded by the City Attorney:
a) Receipt of Complaint. Upon receipt of the complaint, the Council will hold a public meeting at which it will determine whether the complaint should be dismissed for the reasons stated in section b)(i), below, or added to a future agenda for further discussion and determination. if the complaint is added to a future agenda, the subject Member shall have the opportunity to address the allegations in the complaint at the future meeting.
b) Determination. The Council shall make a determination on the allegations in the complaint based on the following:
(i) Dismissal. Where the Council determines that no violation occurred or that only a trivial violation occurred, or that the complaint does not have merit for any other reason, the Council may dismiss the complaint.
(ii) Reprimand. The Council may adopt a verbal or written statement reprimanding the subject Member for their conduct.

The subject Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record. (iii) Censure. Where the Council, based on the Report, any statement from the subject Member, and other evidence
accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of these Protocols, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the subject member by condemning their actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting them if they hold a position of mayor, mayor pro tempore, chairman or vice chairman, stating that the violations shall cease, and
demanding corrective actions. The subject Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.
c) Commissioner and Board Member Removal from Office.
(i) Planning Commissioner - Notwithstanding any of the
provisions in this Section 9.0, the City Council may remove a

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Planning Commissioner by following procedure in CMC
Section 2.12.020. Nothing in these Protocols affects or diminishes such power nor vests Planning Commissioners
with any additional rights, including, without limitation, rights of procedural due procession.
(ii) Other Commissioners and Board Members - Notwithstanding any of the provisions in this Section 9.0, the City Council may remove any commissioner or board member appointed by the City Council. Nothing in these Protocols affects or diminishes such power nor vests such commissioners or board members with any additional rights, including, without limitation.

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APPENDIX A – LEGAL FRAMEWORK & RESOURCES

1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitutions Article XI §§ 2, 5, 7, & 11.

General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.

Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.

Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.

Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.

Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. §18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq., Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
City of Capitola Documents
City’s Charter
City Municipal Code
City Council Rules of Order and Protocols
Reimbursement Policy
Social Media Policy
Handbook
Anti-Harassment and Ethics Training

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2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.ca.fppc
Conflict of Interest Info
Cal. Attorney General www.ag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Joint Powers Insurance Authority www.cjpia.gov
Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making
Institute for Local Self Government www.ilsg.org
Government Ethics

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APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS
[Please visit the Markkula Center for Applied
Ethics at the University of Santa Clara]
How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:

A. Recognize whether an ethical issue is involved.

1. Will the decision result in damage or injury to people?

2. Is there a clear good or bad result?

3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?

4. Ethical decisions are often not the easiest decision nor the most popular.

B. Get the facts.

1. Read the staff report and get questions answered by the City Manager in advance.

2. Are there alternatives that would lead to better or worse results?

3. What are the viewpoints of the stakeholders? Are some more important than others?

4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:

1. Produce the most good and do the least harm? (See the Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions. b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar situations.

2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)

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a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.

3. Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.

4. Best serve the community as a whole. (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good. c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.

5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be? b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between excellence and success for the City?
D. Make a decision and test it.

1. Which approach best suits the situation and arrives at the most ethical decision?

2. Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.

1. How can the decision be implemented to best reflect the intention and reasons for the decision?

2. What was the end result of the decision and what feedback has the City Official received?

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APPENDIX C – Receipt of Code of Conduct
I affirm that I have read and that I understand, accept and support the City of Capitola City Council and Commissioner Code of Conduct
____________________________________________________________________ Board, Commission, Committee Position
____________________________________________________________________ (Print Name)
____________________________________________________________________ Signature
____________________________________________________________________ Date

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Aug 08 2023
SUBJECT: Aha Projects!
RECOMMENDATION:

The City Council approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1 / year and authorize the City Manager to negotiate and sign the agreements.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Aha Projects! Affordable
Housing for Artists - Draft Lease
Agreement
BACKGROUND:

Aha Projects! is a non-profit organization that is the financial receiver for Mojaveland, which has been periodically operating a miniature golf facility and arts studio at 5157 Adobe Road for several years now. It was originally permitted as a Temporary Use Permit, with limitations as to its frequency and capacity. As its popularity has grown, it has become more and more evident that its current location is not suited for this type of activity. There is no readily available public access, there is no paved parking, no permanent public restrooms, and no electricity.

After some discussions with City Staff, it was suggested that Mojaveland be located on the same property as Theater 29. The benefits of this move would include: public access to Mojaveland activities, access to paved parking, access to electricity, and potential access for permanent restroom facilities. Additionally, it is entirely possible that there would be some crossover of participants of the miniature golf who would then see a show at Theater 29. The proprietor of Mojaveland, Anna Stump, has presented this concept to the Board of Theater 29 and has received approval for the concept.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to approve the lease or to modify the terms of the lease. Page 93 of 173 FISCAL IMPACT:

None. Mojaveland would be responsible for the maintenance of their facilities, as well as any impacts to the property.

Aha Projects! (Affordable Housing for Artists) Lease Agreement This Lease Agreement (this “Agreement”) is made effective as of August 8, 2023, by and between the CITY OF TWENTYNINE PALMS, a California municipal corporation /LESSOR and AHA PROJECTS! (AFFORDABLE HOUSING FOR ARTISTS), a California nonprofit public benefit corporation /LESSEE described and defined below:

1. BASIC PROVISIONS

1.1 LESSOR: City of Twentynine Palms, a California municipal corporation (“CITY”)

1.2 LESSEE: Aha Projects! (Affordable Housing for Artists) (“LESSEE”), a California nonprofit public benefit corporation a miniature golf course and art gallery

1.3 LEASE LOCATION: 73637 Sullivan Road, Twentynine Palms, CA 92277

1.4 LEASED PREMISES: The Parties agree that LESSEE shall have exclusive use of the outdoor space as shown on Exhibit “A” for primary use by LESSEE in providing outdoor recreation. LESSEE will be able to use the facilities 24 hours a day 7 days per week.

1.5 TERM: Commencement Date: August 8, 2023
Termination Date: June 30, 2028

1.6 PAYMENT: Beginning August 8, 2023, LESSEE shall pay to CITY/LESSOR $1.00 per year as rent. The LESSOR shall be responsible for payment for all utilities related to the LEASED PREMISES.

1.7 NOTICE: Notice for all communications pursuant to this agreement shall be given in writing to the respective Parties at the following addresses, e-mails or facsimile:

LESSOR’S ADDRESS: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Email: [email protected]
Phone: 760 367 6799
LESSEE’S ADDRESS: Aha Projects! (Affordable Housing for Artists) 2501 12th Avenue
Los Angeles, CA 90018
Email:[email protected]
Phone: XXX XXX XXXX

1.8 SCOPE OF SERVICES: Services shall be provided as outlined in the MOU dated August 8, 2023. LESSEE will conduct its business as a non-profit, charity. In general, Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to operate a miniature golf course and related art gallery. CITY/LESSOR agrees that

2 ultimate hours of operation will be determined by the Aha Projects! (Affordable Housing for Artists)/LESSEE based upon demand for programming as defined in Section 2. LEASE DEFINITION. Aha Projects! (Affordable Housing for Artists)/LESSEE may add or change services with CITY/LESSOR approval.

CITY/LESSOR reserves the right to refuse additions or changes to services if the proposed additions or changes negatively impact community access to the LEASED PREMISES.

2. LEASE DEFINITION

2.1 GRANT OF LEASE: CITY/LESSOR hereby grants to Aha Projects! (Affordable Housing for Artists)/LESSEE, an exclusive Lease to utilize the LEASED PREMISES for the purpose described in the SCOPE OF SERVICES for the TERM of this Agreement. The LEASED PREMISES shall be delivered and made available to Aha Projects! (Affordable Housing for Artists)/LESSEE on the Commencement Date of the original contract (August 8, 2023) through the end of the current contract (June 30, 2028).

2.2 CITY UTILIZATION: The Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to grant access to the CITY/LESSOR for the leased area at no cost each year, on dates and at times determined by the CITY/LESSOR, and Aha Projects! (Affordable Housing for Artists)/LESSEE. CITY/LESSOR and Theatre29 shall endeavor to provide at least 30 days’ prior written notice to Aha Projects! (Affordable Housing for Artists)/LESSEE of the dates and time for CITY’s/LESSOR’s use of the facility.

2.3 At a minimum, Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to offer the following programs:
miniature golf course and related art gallery/studio.

2.4 Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to designate a staff member to become a City Liaison for rentals and other community groups.

3. TERM & TERMINATION

3.1 Term. The Term of this Agreement is sixty (60) months. The Agreement will commence on the Commencement Date and expire on the Termination Date, as set forth in paragraph 1.5.

3.2 Option to Terminate. Either party shall have the option to terminate the Agreement at any time with 6 months advance written notice (“Termination Notice”), which Termination Notice shall be effective upon the date the party receives the Termination Notice. The Termination Notice shall include the termination date (“Termination Date”). Upon the Termination Date, Aha Projects! (Affordable Housing for Artists)/LESSEE shall surrender all of its right, title and interest in and to the LEASED PREMISES to CITY/LESSOR as though said Termination Date was the date set forth in the Agreement as the expiration of the term of the Agreement and will remove any personal property not then granted to the CITY/LESSOR.

3 4. EXTENSION OF AGREEMENT
This Agreement may be renewed or extended with mutual consideration and agreement of the CITY/LESSOR and Aha Projects! (Affordable Housing for Artists)/LESSEE for an additional one (1) year term pursuant to the following process.

4.1 Aha Projects! (Affordable Housing for Artists)/LESSEE may seek an extension of this Agreement by submitting on or before September 1, of the year before the lease is otherwise set for termination (2028), a letter of intent requesting extension.

4.2 Within 30 days of receipt of the request, CITY/LESSOR shall respond in writing to Aha Projects! (Affordable Housing for Artists)/LESSEE setting forth its decision.

4.3 In the event Aha Projects! (Affordable Housing for Artists)/LESSEE holds over beyond the Term herein provided with the express consent of the CITY/LESSOR, such holding over shall be from month-to-month. Such holding over shall not be construed as a renewal of this Lease.

5. OPERATING RESPONSIBILITIES

5.1 COMPLIANCE WITH LAWS: During the Term, Aha Projects! (Affordable Housing for Artists)/LESSEE shall comply, at its own cost and expense, with all applicable laws, ordinances, codes, rules, regulations, orders, and other lawful requirements of the governmental bodies having jurisdiction, which are applicable to, or by reason of, Aha Projects! (Affordable Housing for Artists)/LESSEE’s particular use of the FACILITIES.

5.2 SIGNS: Aha Projects! (Affordable Housing for Artists)/LESSEE shall not install permanent signs in the LEASED PREMISES or improvements thereon, unless prior written approval is obtained from CITY/LESSOR and only in compliance with all local regulations.

5.3 Non-Profit status must be active at all times during the term of the lease.

5.4 MAINTENANCE:

5.4.1 Aha Projects! (Affordable Housing for Artists)/LESSEE shall keep LEASED PREMISES free and clear of trash, litter, graffiti or other matter which is unsafe or unsightly.

5.4.2 Aha Projects! (Affordable Housing for Artists)/LESSEE shall provide CITY/LESSOR with a Maintenance Report monthly, detailing the maintenance work performed on the facility and dollar amount associated with the work performed. Aha Projects! (Affordable Housing for Artists)/LESSEE shall also provide CITY/LESSOR with maintenance plans/records for LEASED PREMISES as requested.

4 5.4.3 Aha Projects! (Affordable Housing for Artists)/LESSEE shall be the sole party responsible for all maintenance of the LEASED PREMISES, described in Paragraph 1.4, to include but not be limited to, daily and operational cleaning and maintenance.

5.4.4 CITY/LESSOR is responsible for the repair or replacement of capital items and improvements, but not items related to maintenance or operations or equipment owned by Aha Projects! (Affordable Housing for Artists)/LESSEE.

5.4.5 Aha Projects! (Affordable Housing for Artists)/LESSEE shall submit a request in writing to CITY/LESSOR for any improvements or repairs needed.

5.4.6 Aha Projects! (Affordable Housing for Artists)/LESSEE agrees that any permanent improvement, repair or replacement done within the LEASED PREMISES by Aha Projects! (Affordable Housing for Artists)/LESSEE upon termination of the Lease will be owned by the CITY/LESSOR.

5.4.7 CITY/LESSOR will be able to access and/or close the facilities for any needed repairs on any date mutually agreed to by the Aha Projects! (Affordable Housing for Artists)/LESSEE and CITY/LESSOR.

5.5 SAFETY: Aha Projects! (Affordable Housing for Artists)/LESSEE shall immediately notify CITY/LESSOR of any unsafe condition of the FACILITY, as well as any unsafe practices occurring thereon, whether under Aha Projects! (Affordable Housing for Artists)/LESSEE’s or a sub-lessee’s operation. Aha Projects! (Affordable Housing for Artists)/LESSEE shall cooperate fully with CITY/LESSOR in the investigation of any crime, injury or death occurring on the LEASED PREMISES, including a prompt report thereof to the City Manager or designee.

5.6 NUISANCES AND ANNOYANCES: Aha Projects! (Affordable Housing for Artists)/LESSEE shall not use or permit the use of the FACILITY for any purpose which would constitute a nuisance or unreasonable annoyance to adjacent properties, including, without limitation, live, recorded or broadcast entertainment or the use of loudspeakers or sound or light apparatus other than as may be required by law or necessary or advisable for safety purposes.

5.7 ADVERTISING AND PROMOTIONAL MATERIALS: Aha Projects! (Affordable Housing for Artists)/LESSEE may distribute or cause to be distributed any advertising, or promotional materials regarding its use of or operation on the FACILITY; copies of all advertising or promotional materials must be provided to the CITY/LESSOR prior to distribution.

6. LEASE PAYMENTS, TAXES AND FEES
Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to pay to CITY/LESSOR, without demand, deduction or setoff, the rent as set forth in Paragraph 1.6,.

5 7. LESSOR RESPONSIBLE FOR UTILITIES
CITY/LESSOR shall pay utility bills for telecommunications, cable television, water, gas, electric service and any other utilities that are related to the operation of the facility.

8. INSURANCE
During the term of this Agreement, Aha Projects! (Affordable Housing for Artists)/LESSEE shall, at its sole cost and expense, maintain the following insurance through companies rated no less than A: IX under Best's most recent rating guide:

8.1 LIABILITY INSURANCE: Commercial General Liability Insurance covering Aha Projects! (Affordable Housing for Artists)/LESSEE's operations, including the use of the FACILITIES, as set forth in this Agreement in an amount not less than $2 million per occurrence/$4 million general aggregate. CITY/LESSOR shall be named as an additional insured. In addition, Aha Projects! (Affordable Housing for Artists)/LESSEE shall provide CITY/LESSOR with an “Additional Insured Endorsement” signed by the company issuing the policy or an authorized representative who has the authority to bind the insurance company.

8.2 WORKERS COMPENSATION: Workers Compensation Insurance covering all employees of Aha Projects! (Affordable Housing for Artists)/LESSEE. Prior to the Commencement Date, Aha Projects! (Affordable Housing for Artists)/LESSEE shall provide CITY/LESSOR with a valid enforceable certificate of insurance confirming the purchase of said insurance. Aha Projects! (Affordable Housing for Artists)/LESSEE shall submit to CITY/LESSOR, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY/LESSOR, its officers, agents, employees, and volunteers.

8.3 AUTOMOBILE LIABILITY INSURANCE: Aha Projects! (Affordable Housing for Artists)/LESSEE shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Aha Projects! (Affordable Housing for Artists)/LESSEE arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

8.4 PROPERTY INSURANCE: CITY/LESSOR shall provide Aha Projects! (Affordable Housing for Artists)/LESSEE with a valid, enforceable Certificate of Insurance confirming property coverage of LEASED PREMISES.

8.5 DURATION OF COVERAGE: Aha Projects! (Affordable Housing for Artists)/LESSEE shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from in connection with the performance of the Work hereunder by Aha Projects! (Affordable Housing for Artists)/LESSEE, its agents, representatives, employees or subconsultants.

6 8.6 PRIMARY/NONCONTRIBUTING: Coverage provided by Aha Projects! (Affordable Housing for Artists)/LESSEE shall be primary and any insurance or self-insurance procured or maintained by CITY/LESSOR shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY/LESSOR before the CITY’S/LESSOR’S own insurance or self-insurance shall be called upon to protect it as a named insured.

8.7 ACCEPTABLE INSURERS: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder’s Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY/Lessor’s Risk Manager.

8.8 WAIVER OF SUBROGATION: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY/LESSOR, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Aha Projects! (Affordable Housing for Artists)/LESSEE or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Aha Projects! (Affordable Housing for Artists)/LESSEE hereby waives its own right of recovery against CITY/LESSOR, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

8.9 REQUIREMENTS NOT LIMITING: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Aha Projects! (Affordable Housing for Artists)/LESSEE maintains higher limits than the minimums shown above, CITY/LESSOR requires and shall be entitled to coverage for the higher limits maintained by Aha Projects! (Affordable Housing for Artists)/LESSEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY/LESSOR.

8.10 NOTICE OF CANCELLATION: Aha Projects! (Affordable Housing for Artists)/LESSEE shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in

7 coverage or limits of any insurance, Company shall forthwith obtain and submit proof of substitute insurance.

8.11 LESSOR’S RIGHT TO REVISE SPECIFICATIONS: CITY/LESSOR reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Aha Projects! (Affordable Housing for Artists)/LESSEE ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Aha Projects! (Affordable Housing for Artists)/LESSEE, CITY/LESSOR and Aha Projects! (Affordable Housing for Artists)/LESSEE may renegotiate LESSEE’s compensation.

8.12 TIMELY NOTICE OF CLAIMS: Aha Projects! (Affordable Housing for Artists)/LESSEE shall give CITY/LESSOR prompt and timely notice of claims made or suits instituted that arise out of or result from Aha Projects! (Affordable Housing for Artists)/LESSEE’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

9. INDEMNITY
Aha Projects! (Affordable Housing for Artists)/LESSEE hereby agrees to defend, indemnify and hold harmless CITY/LESSOR, its City Council, officers, agents, volunteers and employees from any liability for property damage or for personal injury, including death, which may arise from Aha Projects! (Affordable Housing for Artists)/LESSEE’s use or any sublessee’s use of LEASED PREMISES, except to the extent arising from CITY’s/LESSOR’s or its employees’ or agents’ sole negligence or willful misconduct. The parties agree that CITY/LESSOR, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the CITY/LESSOR with the fullest protection possible under the law. Aha Projects! (Affordable Housing for Artists)/LESSEE acknowledges that CITY/LESSOR would not enter into this Agreement in the absence of Aha Projects! (Affordable Housing for Artists)/LESSEE’s commitment to indemnify and protect CITY/LESSOR as set forth herein. Aha Projects! (Affordable Housing for Artists)/LESSEE fully assumes the risk of any and all loss, damage or theft of Aha Projects! (Affordable Housing for Artists)/LESSEE’s property located at the LEASED PREMISES that arise out of its own neglect, or misconduct. This Section shall survive the termination of or withdrawal from this Agreement.

10. DEFAULT AND REMEDIES

10.1 DEFAULT: The occurrence of any one or more of the following shall be deemed a “Default” by Aha Projects! (Affordable Housing for Artists)/LESSEE or CITY/LESSOR and a material breach of this Agreement:
(a) Nonpayment of Rent: Aha Projects! (Affordable Housing for Artists)/LESSEE’s failure to pay when due any Rent or to timely make

8 any other monetary payment (including, but not limited to utilities) imposed under the terms of this Agreement.
(b) Other Obligations: Either Party’s failure to perform any other obligation under this Agreement for five (5) days after written notice from the non-defaulting party; however, if more than five (5) days are reasonably required for cure, the defaulting Party shall not be in default hereunder if they shall promptly (and in any event within five (5) days after receipt of notice except in case of emergency) commence the cure of the default and diligently prosecute the same to completion, so long as cure is substantially completed within thirty (30) days after receipt of CITY/LESSOR notice.

10.2 NO DEFAULT: Closure of the LEASED PREMISES due to a federal, state, or local emergency order will not constitute a default under this Agreement. Aha Projects! (Affordable Housing for Artists)/LESSEE shall not be responsible for any payments for the duration of such closure.

10.3 REMEDIES: In the event of a Default, CITY/LESSOR and Aha Projects! (Affordable Housing for Artists)/LESSEE shall have the right to terminate this Agreement, and/or exercise any other remedies that CITY/LESSOR or Aha Projects! (Affordable Housing for Artists)/LESSEE may have under this Agreement, or at law or in equity, by reason of the Default.

11. SUBLEASES
Aha Projects! (Affordable Housing for Artists)/LESSEE shall not voluntarily or by operation of law assign, transfer, sublet, or otherwise transfer or encumber all or any part of Aha Projects! (Affordable Housing for Artists)/LESSEE's interest in the Agreement, except as expressly permitted by the CITY/LESSOR in writing.

12. NOTICES
All notices, demands, request, payments or other communications made in connection with this Agreement (including any service of process) shall be in writing and delivered, via personal delivery, certified mail, postage prepaid, or nationally recognized overnight courier such as Federal Express, or by e-mail and/or facsimile to the addresses and contact information set forth in Paragraph 1.7. A notice so delivered shall be deemed given on the first date indicated on the receipt of the carrier that delivery has been made or delivered (or was attempted to be made or delivered) to the address of the intended recipient. It is Aha Projects! (Affordable Housing for Artists)/LESSEE’s responsibility to notify CITY/LESSOR of any address changes. The foregoing method of service shall be exclusive, and Aha Projects! (Affordable Housing for Artists)/LESSEE waives, to the fullest extent permitted under law, the right to any other method of service required by any statute or law now or hereafter in force.

14. NO WARRANTY ON CONDITION OF LEASED PREMISES

9 Prior to signing this Agreement, Aha Projects! (Affordable Housing for Artists)/LESSEE shall fully inspect the LEASED PREMISES and ask any questions regarding its condition and use. By signing this Agreement, Aha Projects! (Affordable Housing for Artists)/LESSEE shall be deemed to have inspected the LEASED PREMISES and accepted the LEASED PREMISES “as is” with no representation or warranty by CITY/LESSOR as to the condition of the LEASED PREMISES or the suitability of the LEASED PREMISES for Aha Projects! (Affordable Housing for Artists)/LESSEE’s proposed use. As of the date of signature on this Agreement CITY/LESSOR is not aware of nor been informed of any dangerous conditions, defects or attractive nuisances in the LEASED PREMISES.

15. WAIVER OF RESPONSIBILITY
CITY/LESSOR shall not be liable for, and Aha Projects! (Affordable Housing for Artists)/LESSEE waives, all claims for loss or damage to Aha Projects! (Affordable Housing for Artists)/LESSEE’s business or damage or injury to person or property sustained by Aha Projects! (Affordable Housing for Artists)/LESSEE or any person claiming by, through or under Aha Projects! (Affordable Housing for Artists)/LESSEE, resulting from any accident or occurrence in, on or about the Lease Area or any other part of the LEASED PREMISES except for those claims that arise out of CITY’s/LESSOR’s sole negligence, gross negligence or willful misconduct. To the maximum extent permitted by law, Aha Projects! (Affordable Housing for Artists)/LESSEE agrees to use the LEASED PREMISES and to use such other portions of the Project as Aha Projects! (Affordable Housing for Artists)/LESSEE is herein given the right to use, at Aha Projects! (Affordable Housing for Artists)/LESSEE’s discretion. Aha Projects! (Affordable Housing for Artists)/ LESSEE fully assumes the risk of any and all loss, damage or theft of Aha Projects! (Affordable Housing for Artists)/LESSEE’s property located at the Project that arise out of its own neglect, or misconduct.

16. CASUALTY
In the event any portion of the LEASED PREMISES is damaged by fire or other casualty, this Agreement shall terminate at the option of CITY or LESSEE. All insurance proceeds shall be the exclusive property of CITY/ LESSOR.

17. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18. MISCELLANEOUS PROVISIONS
This Agreement shall be governed and construed in accordance with the laws of the State of California. This Agreement may be modified only in writing by CITY/LESSOR and Aha Projects! (Affordable Housing for Artists)/LESSEE. This Agreement is the only

10 Agreement between the parties hereto. All prior negotiations, representations and agreements between the parties are merged herein. This Agreement shall be governed by the laws of the State of California. The substantially prevailing party in any action arising out of this agreement in any action, at law or in equity, to enforce the terms of this agreement shall be entitled to the reimbursement of its costs, litigation expenses and reasonable attorneys’ fees from the losing party. If any provision in this Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Waiver by CITY/ LESSOR of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. Time is of the essence with this Agreement and with every term, covenant and condition hereof. This Agreement may be executed in counterparts.

CITY: City of Twentynine Palms
______________________
Frank J. Luckino
City Manager
Date: ________________
LESSEE: Aha Projects! (Affordable Housing for Artists)
Cheyanne Suter
Board President, Aha Projects! (Affordable Housing for Artists) Date:

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 08 2023
SUBJECT: Resolution Approving Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383).

RECOMMENDATION:

The City Council:

1. Adopt Resolution No. 23-___ approving the Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and

2. Authorize the City Manager to sign the Second Amendment to the Amended and Restated Agreement Between the City of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services.

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:
• 29p Adopted AB 1383
ordinance(17447371.1)
• 29 Palms Resolution adopting
second amendment to Burrtec
Franchise - SB 1383

IMPLEMENTATION
BACKGROUND:

In September 2016, Governor Jerry Brown signed into law SB 1383 to achieve a 75% reduction in the statewide disposal of organic waste from the 2014 level by 2025. Organic wastes are a subset of solid wastes that, generally speaking, decomposes, and includes food scraps, green waste, landscape and pruning waste, wood and lumber, paper products, manure, biosolids, digestate, and sludge. Organic waste is highly recyclable and can be incorporated into products such as recycled paper or cardboard, compost, mulch, and/or converted into energy.

To achieve this goal, SB 1383 and its implementing regulations required cities to implement certain actions by January 1, 2022. The required actions were as follows: Page 105 of 173

1. Amend City codes to incorporate the new organic waste recycling requirements imposed by State Law on all residents and businesses (the City adopted an Ordinance on January 25, 2022 which reference is included as Attachment A);

2. Provide organic waste recycling services to all residential, multi-family properties, and commercial businesses;

3. Develop an edible food recovery program;

4. Purchase organic/sustainable materials and recycled products in order to create market infrastructure for products made from recycled organic materials;

5. Amend existing franchise agreement with Burrtec contract to comply with SB 1383; and

6. Establish compliance, enforcement, and reporting programs.

Proposed Franchise Amendment for Compliance with SB 1383

The recommended action is to adopt the Resolution included as Attachment B, which would result in adoption of an amendment (the “Second Amendment”) to the City’s existing franchise agreement (the “Franchise Agreement”) with Burrtec Waste and Recycling Services, LLC (“Burrtec”) which incorporates new programs mandated by SB 1383 that the City is requiring Burrtec to incorporate into their services. (The Second Amendment is an Exhibit to Attachment B.) These include: route monitoring for contamination, new education and outreach responsibilities, tracking and reporting compliant facility usage, recycled organic waste item procurement, and detailed tracking of all activities to comply with the State’s new “at any time” inspection authority, all of which are mandates placed upon the City by SB 1383. The proposed Second Amendment places these State mandated obligations on Burrtec to perform on behalf of the City, to the extent the law permits. Importantly, the responsibilities proposed to be assigned to Burrtec by the Second Amendment include many obligations that are beyond the City’s ability to perform based on available staffing and resources.

SUMMARY
The proposed Second Amendment is necessary to add additional services required to enable the City meet its state-mandated obligations pursuant to SB 1383. SB 1383 requires all jurisdictions in California to divert organic waste from landfill disposal by implementing organic waste collection services, an edible food recovery program, new public education and outreach programs, recordkeeping and reporting, procurement of recyclable materials, and inspecting and enforcing the law as to noncompliant generators.

The program and associated rate increases are proposed to be in effect once necessary equipment is available, and the proposed Franchise Amendment puts an outside date on this of July 1, 2024. Rates associated with new services will commence for commercial customers when the services commence. Rates increases associated with residential customers will be phased in over four years to minimize their impact. The total residential rate increase is $7.34, but to minimize impact the increase for the first 3 years will be $2.10 and will be $1.04 in the 4th year.

Residential Services:

Burrtec does not currently provide an organic waste collection program for residents that includes the processing of food waste. The Second Amendment will include this service by requiring delivery 0f 35 gallon Carts for food waste collection to all residents. Residents will be required to place all food scraps into these new Carts, which will be delivered to an organic waste processing facility. The rate increase will cover the cost of the new containers, processing costs, and costs related to regulatory compliance such as monitoring contamination, enforcement, and reporting. The rate increase will also cover the costs of new collection vehicles which will be able to collect organics and mixed solid waste in a single pass, with the waste deposited in portions of the vehicle segregated for each waste type.

Commercial Businesses:

SB 1383 requires that all commercial properties have recycling programs and organic waste programs.

Businesses not subscribing for service now will automatically be enrolled during the SB 1383 implementation Page 106 of 173 process, and if they refuse will be subject to State mandated enforcement action. All such businesses are mandated to have recycling and organic waste recycling services unless they meet very strict waiver criteria (e.g., they generate less than 20-gallons of organic waste per week). Burrtec will assist the City in evaluating and processing waivers.

ANALYSIS
A. Changes to curbside service –
• Trash – No change proposed; will continue to be collected weekly. • Recycling – No change proposed for residents; commercial businesses and multi-family complexes must subscribe to an appropriate service level, or auto-enrollment will be implemented at a service level deemed appropriate by Burrtec.
• Organic Waste – This will be the biggest change with specialized containers provided to residents and businesses. All waste generators must subscribe to an appropriate service level, or autoenrollment will be implemented at a service level deemed appropriate by Burrtec. Note that exceptions exist for those who qualify as self-haulers under the City’s ordinance, or for those who meet the strict requirements for waivers.

B. Increase to Maximum Rates –
The additional services identified in this section will increase costs to provide solid waste collection services. For residents, there will be a standard 3-cart system which will include collection of organics (food waste), and processing of that waste at an appropriate facility. The cost increase, as noted above is $7.34 spread over 4 years ($2.10 for three years, and $1.04 in the 4th) to cover the costs for SB 1383 program implementation.

Additional related services and costs for extra containers can be referenced in Exhibit A of the Second Amendment, which identifies the maximum rates Burrtec may charge. (See Attachment B).

The increase to maximum rates for the commercial solid waste program is dependent upon the level of services each business receives, with each service level having a increase that averages approximately 7% to cover state mandated program compliance costs. In addition, business not currently receiving them, will incur increases due to mandated recycling and/or organic waste services. The maximum rates for these services, and the various levels of service available can be referenced in Exhibit A of the Second Amendment, which identifies the maximum rates Burrtec may charge. (See Attachment B).

C. Recycling and Organics/Green-waste carts –
Per SB 1383, collection containers are required to be consistent with state-mandated color and labeling requirements (black or gray for trash, blue for recycling, and green for organic waste) by 2036. The City’s containers do not currently align with the new standard. Once Burrtec has used all of their current inventory of carts and when new services and/or replacement carts are needed they will distribute carts that comply with the new State mandates.

D. Contamination and Compliance Monitoring Program –
SB 1383 requires that jurisdictions monitor contamination in residential carts through one of two methods.

Staff and Burrtec have mutually agreed that the most efficient method will be to inspect solid waste carts on a regular basis to screen for contamination (i.e., placing waste materials in the wrong cart). This task has been designated to Burrtec in the Second Amendment; and it will allocate such staff time as is reasonably necessary to ensure compliance with the City’s contamination monitoring obligations under SB 1383.

Burrtec will be authorized to assess a Contamination Fee of $15 per-occurrence to residents, and $75 to businesses, to offset the additional cost to process organic waste and recyclables with contamination. The proposal provides for a 12-month grace period after program implementation during which no contamination fees will be assessed to residents. Once in place, a customer may be charged a Contamination Fee when they receive a fourth violation in a rolling 6 month period. Repeated instances of contamination may result in the City initiating formal City Code Enforcement action with a Notice of Violation and assessment of additional penalties pursuant to the SB 1383 Ordinance the City was required to adopt. (Attachment A.) E. Procurement –
The City is obligated to purchase recycled content paper and procure a certain quantity (based on population) of recovered organic waste products such as compost, mulch electricity generated from biomass conversion, and renewable natural gas at levels prescribed by the State annually. Burrtec will assist the City in meeting a portion of its state-mandated procurement requirements and has agreed to work with the City towards entering an additional agreement by which to assist with the City’s procurement obligations in its role as a direct service provider
F. Edible Food Recovery Program Support –
Burrtec and the City will work together to address compliance by businesses that are Tier 1 and Tier 2 food generators, including by outreach and facilitating partnerships with third-party food recovery organizations for the purposes of meeting the City’s edible food recovery program requirements. This will include record keeping.

G. Public Outreach and Education –
SB 1383 mandates public outreach for organic waste recycling that includes information on how to recycle organics as well as the environmental impacts of organic waste. The proposed Second Amendment includes a fairly detailed implementation, education and outreach plan that Burrtec will be responsible to implement. (See Exhibit E to Second Amendment.)
ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to approve the Resolution or Second Amendment and provide direction to Staff on alternatives for implementing SB 1383. However, by doing so will add significant delay in the implementation of the State mandate and put the City at risk for non-compliance requiring a corrective action plan, along with penalties and fines by CalRecylcle and their enforcement division, which can be as high as $10,000/day.

FISCAL IMPACT:

There is potential to incur some start-up costs associated with the implementation of SB 1383 as it relates to outreach, monitoring, and consultant services. Many of these initial costs will be covered by cost reimbursements provided to the City by Burrtec per the Franchise Agreement.

CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. 296

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TWENTYNINE PALMS AMENDING IN ITS ENTIRETY TITLE 10,
CHAPTER 10.04 OF THE TWENTYNINE PALMS MUNICIPAL

CODE PERTAINING TO THE REGULATION OF SOLID WASTE

INCLUDING ORGANIC WASTE
WHEREAS, SB 1383 and the related regulations contained in 14 California Code of Regulations (CCR), Div. 7, Ch. 12 require all California cities to provide a program for the diversion of organic waste from landfills, and
WHEREAS, SB 1383 and the related regulations contained in 14 CCR, Div. 7, Ch. 12 further require all California cities to adopt an ordinance to enforce violations of its program for the diversion of organic waste from landfills; and
WHEREAS, Title 10, Chapter 10.04 of the City of Twentynine Palms Municipal Code addresses the City’s rules and regulations pertaining to solid waste, and needs to be updated to include the requirements of SB 1383 and 14 CCR, Div. 7, Ch. 12, and WHEREAS, City staff have analyzed and determined thatthe revisions to Title 10, Chapter

10.04 ofthe Municipal Code are not considered a “project” pursuant to CEQA.

NOW, THEREFORE, the City Council ofthe City of Twentynine Palms Ordains as follows:

SECTION 1. The foregoing Recitals are incorporated herein and made a part hereof.

SECTION 2. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment nor will they have the potential of creating a significant effect on the environment.

SECTION 3. Title 10, Chapter 10.04 of the Twentynine Palms Municipal Code is hereby amended to read in its entirety as set forth in the attached Exhibit A.

SECTION 4. City staff is hereby authorized and directed to file a Notice of Exemption with respect to the adoption ofthis Ordinance.

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.

SECTION 6: The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken.

SECTION 7: The City Clerk shall certify to the passage of this Ordinance and cause the same to be published as required by law, and the Ordinance shall take effect thirty (30) days after adoption.

SECTION 8: Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.

PASSED, APPROVED and ADOPTED by the City Council of the City of Twentynine Palms at a regular meeting on this 25 day of January, 2022.

ATTEST:

Cindy Villescas CMC, City Clerk
I hereby certify that the foregoing is a true copy of Ordinance No. 296, introduced on the 14 of December, 2021 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 25 day of January, 2022, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER: KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: BILDERAIN
ABSTAIN: COUNCILMEMBER: NONE
Cindy Villescas CMC, City Clerk

EXHIBIT A
Chapter 10.04 - Solid Waste Disposal and Organic Waste Diversion

10.04.010 Definitions.

The words and phrases contained in this Chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code ofRegulations (as either may be amended from time to time) in which case such meaning shall apply, except that the following words shall, for the purpose ofthis Chapter, be defined as follows:
(a) ”AB 939" means that State legislation commonly known as the California Integrated Waste Management Act (Stats 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000, et seq.
(b) “Bins" means a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards. (c) “Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.
(d) “City" means the City of Twentynine Palms.
(e) "City Manager" means the City Manager ofthe City or his duly-authorized representative or designee.
(f) "Collect" or "Collection" or "Collecting" means to take physical possession of, transport, and remove solid waste from a premises.
(g) "Commercial premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use ofthe property. Notwithstanding any provision to the contrary herein, for purposes ofthis chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

(h) "Container" means any and all types ofsolid waste receptacles, including carts, bins, and rolloff boxes.
(i) "Franchisee" means a person, persons, firm or corporation that has been issued a franchise by City to provide solid waste handling services within the City (j) "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or recodifications ofsuch statutes, or identified and listed as hazardous waste by the U.S.

Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. (j) "MCAGCC" means the Marine Corps Air Ground Combat Center located in and adjacent to City, and any lands it may annex or incorporate. (k) "Multi-family dwelling" means either (i) any building or lot containing five (5) or more dwelling units, or (ii) any building or lot containing two (2) or more dwelling units which franchisee determines (and the City Manager agrees) must receive solid waste handling services through the use ofshared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts or customer-provided containers. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager whose decision shall be final.
(1) “Organic waste” shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982.
(m) "Premises" means any land, building and/or structure within the City limits where solid waste is generated or accumulated.
(n) "Person" means any individual, firm, corporation, association, group or other entity (o) "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form ofraw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.
(p) "Recyclable material" means that solid waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or

metal.
(q) "Residential premises" shall mean all premises upon which dwelling units exist.

Notwithstanding any provision to the contrary herein, for purposes ofthis chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.
(r) "Rolloff box" means containers often (10) cubic yards or larger, including compactors.
(s)"Self-hauler" means any person or entity that, pursuant to Section 10.04.070 ofthis Chapter, provides for the collection, transportation and disposal ofsolid waste generated by his/her/its own premises.
(t) "Single-family dwelling" means a building or lot containing one dwelling unit, and includes buildings and lots with more than one dwelling unit where such dwelling units are determined by the City to be reasonably able to receive individualized solid waste handling service by an automated process utilizing carts. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager.
(u) "Solid waste" means and includes all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "nonhazardous solid waste" set forth in the California Code ofRegulations, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.
(v) "Special wastes" mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.
(w) "Yard waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

10.04.020 Authority to grant franchises; franchisee obligations to comply with State law.

(a) The City Council may by resolution or ordinance grant one or more franchises for solid waste handling services related to solid waste generated within the City. (b) Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all State laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any State law or regulation to its customers, including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic material from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.

10.04.030 Mandatory requirement to subscribe to collection service or register for self-hauling.
(a) Arrangements for removal ofsolid waste mandatory. Except as otherwise provided in this Chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste handling services with a franchisee for said premises, or (ii) obtain and maintain registration as a self-hauler as set forth in this Chapter in connection with said premises.
(b) Exception: vacant premises. The above requirement to provide for solid waste handling services shall not apply in connection with any residential premises at which all dwelling units are vacant and not generating or accumulating solid waste for thirty (30) days or more, provided this exception shall only apply during the period of vacancy. In addition, the above requirement to subscribe for collection services shall not apply to or commercial premises that are vacant and not generating or accumulating solid waste for thirty (30) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself or herself of the exception provided herein shall bear the burden of providing l'easonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the premises was vacant for the period in question.

10.04.040 Containers.
(a) Every owner, occupant or person in possession, charge or control of any premises within the City shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by a franchisee, or (ii) approved by the City Manager for self-hauling purposes pursuant to this Chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereoffor the collection, accumulation or storage ofsolid waste.

(b) Containers provided by a franchisee shall comply with all applicable State laws and regulations.
(c) No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve (12) hours after collection (d) All newly constructed buildings and facilities at commercial premises and all newly constructed multifamily dwellings shall include trash container enclosures, which enclosures shall consist of a concrete floors and walls ofmasonry block, stucco, wood, metal, chain-link fencing modified with opaque slats, closable doors or other methods designed to screen such enclosure and prevent the scattering of debris by natural forces such as wind or animals.
(e) Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity ofthe container, then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be responsible for the cleanup of any solid waste spilled, dumped or scattered as a result of a container overflow.
(f) It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contraiy, the sharing of containers shall be permitted under the following conditions:

1. The owner, property manager or person in charge or control of a premises upon which a multi-family dwelling exists may arrange for containers for shared use by the occupants, tenants or persons in possession ofthe dwelling units on such premises.

2. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste handling services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type ofsolid waste generated by each commercial premises; and (ii) the number of containers and frequency ofsolid waste collection needed to protect the public health, welfare and safety.
(g) It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage ofsolid waste, or to convert or alter such containers for other uses, or to intentionally damage such containers.

(h) All containers used for the collection ofsolid waste at single-family dwellings shall be stored out ofpublic view in a side or rear yard or an enclosed garage except on collection day. Ifthe physical design ofthe dwelling does not allow for obscuring containers from public view because ofthe type offencing or lack thereof, or lack of an appropriate enclosed area, containers shall be stored in an area adjacent to the dwelling at the point farthest from the closest street or roadway or in an enclosure adjacent to the dwelling.

10.04.050 Frequency of collection.
(a) Residential premises. With the exception of vacant premises meeting the provisions of Section 10.04.030(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises.
(b) Commercial Premises. With the exception of vacant premises meeting the provisions of Section 10.04.030(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises; excepting, however, commercial premises upon which food preparation establishments exist shall remove or cause to be removed all solid waste generated, stored, collected or accumulated thereon not less than twice per week.
(c) Modifications to collection frequency. The City Manager may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. City may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule (as determined by the City Manager) and/or that additional or larger containers shall be utilized (as determined by the City Manager); and, similarly, the City Manager may allow for less frequent collection of solid waste due to unique circumstances should he determine such action will not be detrimental to public health, safety and welfare.

10.04.060 Unlawful and prohibited acts: public nuisance.

(a) It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.
(b) The keeping ofsolid waste in containers other than those prescribed by this Chapter, or the keeping upon premises ofsolid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.
(c) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste programs offered to him, her or it by the franchisee. (d) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste programs offered to him, her or it by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type ofwaste in question.
(e) It is unlawful, and a public nuisance, for any person who is registered as a selfhauler with City to fail to comply with all requirements of such registration, including those related to the handling of organic waste.
(f) It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, provided, however, the City Manager or his designee is authorized to provide waivers to the requirement to participate in some or all ofsuch obligations where permitted by law.
(g) It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.
(h) It is unlawful for any person other than a franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, or otherwise provide solid waste handling services within the City. This prohibition shall not, however, apply to:

1. Registered self-haulers as defined in this Chapter;

2. The owner, tenant or occupant ofresidential or commercial premises who has subscribed for and is receiving solid waste handling services with a franchisee, when such owner, tenant or occupant is hauling materials generated at his or her own

premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a franchisee, to haul solid waste from one’s own premises;

3. The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part ofthe services provided to its customers rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations ofCity and all State laws and regulations relating to the collection and handling ofsuch materials;

4. The collection, transportation and disposal of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part ofthe gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations ofCity and all State laws and regulations relating to the collection and handling ofsuch materials

5. Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the “generator”) provided, however, to the extent permitted by law, ifthe generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms ofthe consideration the generator is required to pay) shall not be considered a sale or donation.
(i) It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval ofthe owner, occupant or person in possession, charge or control ofsuch premises.
(j) It is unlawful for any person to place solid waste adjacent to a street or public rightof-way for collection by a franchisee without having first subscribed for solid waste handling services with such franchisee.
(k) It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

10.04.070. Use of containers for solid waste generated during construction and demolition.

Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling service with the use of containers from a franchisee, be registered to self-haul such solid waste in the manner set forth herein, or make arrangements pursuant to Section

10.04.060(h)(3). In addition to constituting a violation ofthis Chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging ofthe project by the City and a requirement that all work cease until compliance with this Section.

10.04.080 Self-haulers.
(a) Self-haulers who obtain a permit from City, and are operating in accordance with this Chapter are only permitted to collect, transport and dispose ofsolid waste generated by and upon the self-haulers own premises. Notwithstanding any other provision ofthis Chapter, self-haulers shall not share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.
(b) Registration. All self-haulers must apply for and receive a permit to operate as a self-hauler from the City and shall comply with the following:

1. Each self-hauler shall obtain a permit from the City Manager, and such permit shall be renewed on an annual basis.

2. Each permit application, whether upon initial application or renewal, shall include the following: (i) a list of all bins, carts, rolloff boxes and other containers to be used by the self-hauler, (ii) a list of all transport and disposal equipment to be used by the selfhauler, (iii) a written explanation ofwhere all solid waste will be delivered for disposal and diversion; (iv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent ofsolid waste collected will be diverted from disposal in compliance with AB 939;(v) a written plan explaining to the reasonable satisfaction ofthe City Manager how compliance with the requirement to divert organic waste, in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 will be achieved, and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs including such information as may be deemed necessary or reasonable to ensure compliance with all laws and regulations related to solid waste collection, handling, diversion and disposal.

3. Permit renewal applications shall additionally include (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) records reasonably satisfactory to the City manager demonstrating the manner in which organic waste was diverted from landfills in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 and (iii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager.

4. The City Manager shall approve the application, and issue a self-hauler permit, ifthe application meets the requirements ofthis section, and ifthe equipment, containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty-percent diversion requirement and otherwise complied with all laws related to disposal, recycling and diversion ofsolid waste, including without limitation the diversion of organic waste.
(c) Containers. Each self-hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self-hauler must conform to industry standards for solid waste disposal, comply with all laws and regulations, and must be approved by the City Manager in writing prior to issuance of a self-hauler permit. In addition, any containers utilized by a self-hauler shall comply with the following requirements:

1. All containers shall be maintained in good repair, and any question as to the meaning ofthis standard shall be resolved by the City Manager;

2. All containers shall be maintained in a sealed, watertight condition;

3. Self-haulers shall remove any graffiti that appears on containers within twenty-four hours after becoming aware ofit.
(d) Collection and transport equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a self-hauler must be approved by the City Manager in writing prior to issuance of a self-hauler permit. (e) Non-commercial venture. It is the intent ofthis Chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self-haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A selfhauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self- hauler utilize an independent contractor or any other person or entity for solid waste handling services other than a franchisee.

(f) Other recycling obligations. Self-haulers shall recycle, or divert from disposal, all recyclable materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by State law or regulation.
(g) Collection frequency. Self-haulers shall remove solid waste from their premises at least once per week. However, upon application to the City Manager to obtain (or renew) a self-hauler permit, the City Manager may determine a different frequency for solid waste collection, transport and disposal from the self-hauler's premises. This determination shall be based upon the nature ofthe premises, the type ofsolid waste generated by the premises, and the collection capacity ofthe self-hauler as demonstrated by information in the application.
(h) Hazardous and special wastes. Unless lawfully and currently licensed under all applicable State, federal and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes. (i) Revocation. The City Manager may revoke a self-hauler permit ifthe permittee (i) fails to divert at least fifty percent of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3, (iii) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager, or (iv) fails to comply with the provisions ofthis Chapter or its permit. The City Manager shall notify any permittee in writing ofthe decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days ofthe date ofsuch notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in this Code.

10.04.090 Removal of unauthorized containers.

In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection ofsolid waste in violation of Section 10.040.60(h) (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.
(a) The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature ofthe violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense ofthe owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that

the container be removed, and, further, shall indicate that any appeal ofthe order for removal must occur within twenty-four hours ofthe posting ofthe notice. The posting of a notice to remove shall constitute constructive notice to the owner and user ofthe requirement to remove the unauthorized container, and a copy ofthe notice shall be provided to owner ofthe unauthorized container once said owner’s identity is ascertained by City, and if not provided sooner, a copy ofthe notice shall be provided at such time as the owner ofthe unauthorized container seeks to retrieve any such container removed hereunder.
(b) Ifwithin twenty-four hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Manager may direct the removal and storage ofthe unauthorized container. In addition, ifthe contents ofthe container are either comprised of a substantial amount of putrescible solid waste, or determined by the City Manager to create a threat to health and safety if not disposed ofimmediately, the City Manager may direct that the contents ofthe container be disposed of. The owner ofthe unauthorized container shall be responsible to reimburse the City for the actual cost ofremoval, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery ofsuch amounts.
(c) Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five business days following its retrieval from City, the owner ofthe unauthorized container may request a hearing to appeal the City’s determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. Ifthe appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.
(d) Ifthe identity ofthe owner of an unauthorized container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy ofthe notice to be mailed to the owner along with a request that the owner claim the stored property. Ifthe unauthorized container is not claimed within ninety-five days after mailing ofthe notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the foregoing procedure related to abandonment will apply.

10.040.100 Violations: penalties.

(a) This chapter may be enforced in any manner set forth in this code, or as otherwise provided by law.
(b) Any person who violates any provision ofthis chapter shall be guilty of a separate offense for each and every day, or any portion thereof, ofwhich any violation of any provision ofthis chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion ofthe City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:

1. Penalty for misdemeanor violation. Any person convicted of a misdemeanor under any provision ofthis chapter shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment.

2. Penalty for infraction violation. Any person convicted of an infraction under any provision ofthis chapter shall be punished by:
(A) A fine not exceeding one hundred dollars for a first violation; (B) A fine not exceeding two hundred dollars for a second violation of the same provision within one year; and
(C) A fine not exceeding five hundred dollars for a third violation and for any additional violation ofthe same provision within one year. (c) Violations related to State mandated Organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any ofthe provisions hereofwhich address such obligations, shall be subject to the provisions of the City’s municipal code related to administrative citations, modified as follows:

1. Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days ofsuch notice.

2. Absent compliance, the following administrative fines shall apply:
(A) for a first violation - $50
(B) for a second violation - $100
(C) for a third or subsequent violation - $250
(d) Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation ofthe provisions ofthis chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

(e)Attorney fees. In addition to any civil and criminal penalties as provided by the provisions ofthis chapter or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses oflitigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions ofthis chapter.

10.04.110 General Clean-Up Requirements.
(a) Clean-Up Prior to Collection. Prior to collection and removal ofsolid wastes from a premises, the owner, tenant, occupant, person or entity in control ofthe premise, whether commercial or residential, shall be solely responsible for the clean-up of all solid waste generated upon the premises that becomes dumped, spilled or otherwise scattered as a result of any event, including, but not limited to, human or animal, wind, or other natural interferences with bins, carts, rolloff boxes or other containers placed for collection.
(b) Clean-Up During/After Collection. A contractor shall be solely responsible for any solid waste spilled, dumped or otherwise scattered during or after collection of solid wastes from a premises. Self-haulers shall be solely responsible for the clean-up of any solid waste spillages during the course of collection, transportation and disposal ofsuch waste.

10.04.120 MCAGCC: Exemption.

Notwithstanding the foregoing sections ofthis Chapter, and pursuant to the preannexation agreement which was a condition ofthe Local Agency Formation Commission’s approval ofthe City’s annexation, the City's rules and regulations regarding solid waste collection do not apply to the area ofthe Federal military installation currently known as the United States Marine Corps Air Ground Combat Center (hereinafter referred to as "MCAGCC") that is located within the City's territorial boundaries, further:
(1) MCAGCC and its authorized officials, shall be entitled to use MCAGCC personnel and equipment or the services of any solid waste enterprise to provide solid waste handling services to the area of MCAGCC that is located within the City's territorial boundaries.
(2) The area of MCAGCC that is located within the City's territorial boundaries shall not be subject to the City's jurisdiction in connection with any franchise solid waste handling agreement between the City and any third party. (3) Any franchise solid waste handling agreement between the City and any third party shall not apply to the area of MCAGCC that is located within the City's territorial boundaries unless MCAGCC's authorized officials specifically agree and consent to the application ofsuch agreement.

RESOLUTION NO. 23 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, APPROVING THE SECOND AMENDMENT TO AMENDED AND

RESTATED AGREEMENT BETWEEN CITY OF TWENTYNINE PALMS AND BURRTEC WASTE AND RECYCLING SERVICES, LLC. FOR SOLID WASTE HANDLING SERVICES.

WHEREAS, The City of Twentynine Palms (“City”) and Burrtec Waste And Recycling Services, LLC., (“Contractor”) have entered that certain agreement entitled Amended and Restated Agreement Between City Of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services effective as of January 1, 2017 (the “Agreement”), which Agreement has been amended by a First Amendment effective as of July 24, 2019 (the “First Amendment.”); and
WHEREAS, Contractor is an affiliate of Burrtec Waste Group, Inc. (“Guarantor”), and Guarantor has entered into a written Guarantee Agreement (the “Guaranty”) with City related to Contractor’s performance pursuant to the terms of the Agreement, and is willing to extend the provisions of the Guarantee to the Agreement as amended by the First Amendment and the proposed Second Amendment; and
WHEREAS, Section 29.7 of the Agreement requires that if the Applicable Laws including the Regulations (as those terms are defined therein) are amended so as to preclude Contractor from carrying out its obligations the Agreement is to be amended to enable Contractor to comply with all Applicable Laws and the Regulations in the performance of its obligations; and
WHEREAS, Since adoption of the Agreement and the First Amendment, Senate Bill (SB) 1383 has become effective, as well as its implementing regulations which, generally speaking, create an obligation upon the City and Contractor to adopt programs to reduce methane emissions including by imposing requirements for the diversion of organic waste from landfills; and
WHEREAS, SB 1383 and its implementing regulations contain numerous detailed requirements applicable to the performance of the Agreement which conflict with the provisions thereof making it necessary to amend the Agreement pursuant to the requirements of Section 29.7.;and
WHEREAS, The parties now desire to enter the amendment to the Agreement attached hereto as Exhibit A (the “Second Amendment”) for the purpose of setting forth their agreements and understandings with respect to amendments to the Agreement to address the requirements of SB 1383, while leaving all other aspects of the Agreement unchanged; and
WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proposed Second Amendment to the Agreement with Contractor pursuant to a resolution; and

WHEREAS, the provision of solid waste handling services is an activity supported in part through a public agency contract and therefore may be considered a "project" under the California Environmental Quality Act ("CEQA") (Pub. Res. Code §§ 21000 et seq.) (14 Cal. Code Regs. § 15378(a)(2)); and
WHEREAS, it can be seen with certainty that there is no possibility that the proposed Second Amendment could have a significant effect on the environment in that the Amendment to the Agreement is merely the continuation of an existing service in the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Twentynine Palms as follows:

SECTION 1. Each of the above recitals is true and correct and is adopted by the City Council.

SECTION 2. The City Council finds that the approval of the Second Amendment to the Agreement is exempt from CEQA under the “common-sense” exemption set forth in CEQA Guidelines section 15061(b)(3).

SECTION 3. The City Council hereby agrees to enter into the Second Amendment to the Agreement, subject to the terms set forth in this Resolution and the Second Amendment to the Agreement, which is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4. The City Council hereby authorizes the City Manager to execute the Second Amendment on behalf of the City.

PASSED, APPROVED, AND ADOPTED this 8
th day of August 2023.

MacArthur Wright, Mayor
ATTEST:

Cindy Villescas, CMC, City Clerk

I, do hereby certify that the foregoing Resolution No. 23 - __ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 8 th day of August 2023, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_________________________
Cindy Villescas, CMC, City Clerk

EXHIBIT A

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SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN

CITY OF TWENTYNINE PALMS AND BURRTEC WASTE AND RECYCLING SERVICES, LLC. FOR SOLID WASTE HANDLING SERVICES
This Second Amendment (the “Second Amendment”) to the Amended and Restated Agreement Between the City of Twentynine Palms (hereinafter “City”) and Burrtec Waste and Recycling Services, LLC. (hereinafter “Contractor”), for Solid Waste Handling Services is made and entered so as to be effective as of August 8, 2023.

RECITALS
A. City and Contractor have entered that certain agreement entitled Amended and Restated Agreement Between City Of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services effective as of January 1, 2017 (the “Agreement”).

B. Contractor is an affiliate of Burrtec Waste Group, Inc. (“Guarantor”), and Guarantor has entered into a written Guarantee Agreement (the “Guaranty”) with City related to Contractor’s performance pursuant to the terms of the Agreement.

C. City and Contractor amended the Agreement through a First Amendment effective as of July 24, 2019 (the “First Amendment”).

D. Section 29.7 of the Agreement requires that if the Applicable Laws including the Regulations (as those terms are defined therein) are amended so as to preclude Contractor from carrying out its obligations the Agreement is to be amended to enable Contractor to comply with all Applicable Laws and the Regulations in the performance of its obligations.

E. Since adoption of the Agreement and the First Amendment, Senate Bill (SB) 1383 has become effective, as well as its implementing regulations which, generally speaking, create an obligation upon the City and Contractor to adopt programs to reduce methane emissions including by imposing requirements for the diversion of organic waste from landfills.

F. SB 1383 and its implementing regulations contain numerous detailed requirements applicable to the performance of the Agreement which conflict with the provisions thereof making it necessary to amend the Agreement pursuant to the requirements of Section 29.7.

G. The parties now desire to enter this Second Amendment for the purpose of setting forth their agreements and understandings with respect to amendments to the Agreement, as amended by the First Amendment, to address the requirements of SB 1383, while leaving all other aspects of the Agreement, as amended by the First Amendments unchanged.

H. Guarantor has reviewed this Second Amendment and remains willing to apply the Guaranty to Contractor’s performance under the Agreement as amended by the First, and this Second Amendment, and accordingly has executed the Acknowledgment and Consent set forth below reflecting the application of the Guaranty it has provided to Contractor’s performance hereof.

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COVENANTS
SECTION 1. Incorporation of Recitals and Operative Date of Second Amendment. The forgoing Recitals as incorporated herein as if they were fully restated. As noted in the Recitals, the purpose for this Second Amendment is to enable the Parties to comply with newly adopted Applicable Laws, and specifically SB 1383. There have been a combination of impacts upon the supply chain caused by the COVID 19 pandemic, and the fact all local agencies in the State of California, and the Solid Waste Enterprises providing Solid Waste Handling Services to them, are attempting to come into compliance with SB 1383 at the same time; and, accordingly, while Contractor has ordered specialized “split trucks” in which it can Collect and keep separated multiple waste streams, such vehicles are not available to it for operational purposes as of the date this Second Amendment shall become effective. Thus, the parties have agreed that while this Second Amendment is binding and effective as of August 8, 2023, the Agreement, as Amended by the First Amendment, shall continue to apply to the Parties rights and obligations until such time as the equipment necessary to implement the provisions of this Second Amendment are available. Once a date when necessary equipment will be available is known, Contractor and the City Manager shall agree upon a date which shall be the Operative Date upon which the parties rights and obligations shall be governed by the Agreement, as amended by both the First Amendment and this Second Amendment; provided such date shall occur on or before July 1, 2024 unless the City Manager agrees to extend such date in writing, which shall only occur if he determines (i) Contractor has exercised reasonable diligence, and (ii) the Operative Date nevertheless still needs to be extended as a result of factors that are beyond Contractors’ control.

It is anticipated that the Operative Date for services at Commercial Premises may occur earlier than the Operative Date related to services at Residential Premises, and may be as early as January 1, 2024.

SECTION 2. Definitions.
(a) The following definitions shall apply to the Agreement as amended by this Second Amendment, and shall supersede any defined term in the Agreement or the First Amendment not consistent herewith.
(i) “Approved Facility/ies'' shall mean facilities designated in Exhibit D. (ii) "Applicable Laws" shall mean all federal, state, county, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over an aspect of the Agreement that are in force on the Effective Date, and as may be enacted, issued or amended thereafter, including without limitation City's Municipal Code (to the extent future amendments do no materially impair the rights of Contractor hereunder), AB 939, AB 341, AB 1594, and AB 1826, SB 1383, and 14 CCR, Division 7, Chapter 12.
(iii.) “Food Waste” shall mean a subset of Organic Waste comprised of (i) any type of food (including without limitation fruits, vegetables, meat, poultry, seafood, bones, rice, beans, pasta, bread, dairy products), (ii) food spoiled paper (including without limitation napkins, paper towels , and paper plates), and (iii) tea bags, coffee grounds, and coffee filters.

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(iv.) “Operative Date” shall mean the date upon which Contractor shall commence providing Solid Waste Handling Services as set forth in the Agreement as amended by this Second Amendment, as more fully set forth herein.
(v.) “Organics Recycling Waiver” or “Waiver” shall mean a waiver granted to a Customer by City pursuant to SB 1383 and it’s implementing regulations. (vi.) “Organic Waste Processing Facility” shall mean a facility which processes Organic Waste in a manner that complies with all Applicable Laws. (vii.) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically includes the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in November 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. (viii.) “Yard Waste” shall mean all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions. (b) The following terms used herein shall have the meaning defined in 14 CCR Section 18982:
(i) Commercial Edible Food Generator;
(ii) Edible Food;
(iii) Food Recovery;
(iv) Food Recovery Organization;
(v) Food Recovery Service;
(vi) Large Event;
(vii) Large Venue;
(viii) Organic Waste;
(ix) Tier One Commercial Edible Food Generator;
(x) Tier Two Commercial Edible Food Generator
(c) Sections 2.28, 2.31 and 2.41 of the Agreement, respectively defining Food Waste, Green Material and Organic Material are deleted and superseded by the provisions hereof.

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(d) The term Green Material used in Sections 2.20 and 3.3(G) of the Agreement is replaced by the term Organic Waste as defined herein.
(e) Section 2.19 of the Agreement defining Commercial Premises is amended to read as follows:
“Commercial Premises” shall mean Premises upon which business activity is conducted, including but not limited to retail sales, wholesale operations, manufacturing, assembling, storage, industrial operations, and services, including, but not limited to, professional services, hospitality services, and restaurant and food services, but excluding Single Family Dwellings upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, in the Municipal Code, or otherwise, for purposes of this Agreement and to the extent permitted by Applicable Law, Premises upon which Multi-Family Dwellings, assisted living facilities, community care facilities (and other similar types of facilities), hotels, and motels exist shall be deemed to be Commercial Premises. (f) Section 2.38 of the Agreement defining Multi-Family Dwelling is amended to read as follows:
“Multi-Family Dwelling” shall mean any building or lot containing more than one Dwelling Unit at which Contractor determines (and City agrees) the Dwelling Units must receive Solid Waste Handling Services in part through the use of shared Solid Waste Bins, since they are not reasonably able to store Carts or otherwise receive individualized Solid Waste Handling Service exclusively through the use of the automated Collection system only utilizing Carts contemplated by this Agreement for Single Family Dwellings. Multi-Family Dwelling includes, without limitation, Premises containing condominiums, residential apartments, and mobile home parks. Any ambiguity as to whether a Customer’s Premises qualifies for purposes of this Agreement as a Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager whose decision shall be final.
(g) Section 2.51 of the Agreement defining Single Family Dwelling is amended to read as follows:
“Single Family Dwelling” shall mean a building or lot containing one Dwelling Unit, and for purposes of this Agreement includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City to be reasonably able to receive individualized Solid Waste Collection service by an automated process only utilizing Carts as contemplated herein.

SECTION 3. Amendment to Section 3.1 of the Agreement. Section 3.1 of the Agreement entitled “Scope of Franchise” is hereby amended to read as follows:

Except as hereinafter expressly set forth, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive contract, right, and privilege to Collect, transport, and dispose of all Solid Waste generated or accumulated within the Franchise Area. The exclusive franchise granted by this Agreement includes the right for Contractor to conduct business on City’s rights-of-way as more fully described herein in order to

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carry out its obligations as set forth in this Agreement, including by: allowing the placement and/or storage of its Containers in rights-of-way; allowing Collection Vehicles to drive at a pace, and repeatedly stop in, rights-of-way in a manner which disrupts traffic to the degree reasonably necessary to carry out its obligations hereunder, and which actions would otherwise be prohibited and a violation of laws applicable to the general public; and, Collecting, delivering and otherwise servicing Containers within rights of way and disrupting traffic as may be reasonably necessary to do so. The franchise hereby granted includes the right to encroach on City’s rights-of-way for the forgoing purposes, without the need for an encroachment permit being issued to Contractor or its Customers (as would be required of the general public to use City’s rights-of-way in a similar manner) in connection with the services Contractor provides hereunder; provided however, Contractor’s rights to use the City’s rights-of-way may be limited by the City Manager as necessary for the protection of health, safety and public welfare. Notwithstanding the franchise rights granted herein to impede traffic as may be necessary to perform services hereunder, Contractor shall take reasonable steps to schedule Collection of Containers in a manner that endeavors to minimize the impact of its business activities on the flow of traffic SECTION 4. Amendment to Section 3.3 of the Agreement
Section 3.3 of the Agreement is hereby amended to add Edible Food recovered for human consumption as an additional item which is exempt from the Agreement’s exclusivity provisions.

SECTION 5. Amendment to Section 6 of the Agreement. The text of Section 6 of the Agreement is amended in its entirety to read as follows:

The term of this Agreement (the “Term”) shall be for the period of time commencing on the Effective Date, and ending at midnight on June 30, 2039, unless this Agreement is terminated sooner pursuant to Section 18 hereof, or otherwise.

SECTION 6. Amendment to Sections 8.2.1 of the Agreement. The text of Section

8.2.1 of the Agreement is amended in its entirety to read as follows:

8.2.1 Single Family Dwellings – Automated Collection
Except for those Customers that City determines may receive Manual Service, and those Customers that choose to receive Bins for service, Contractor shall provide each Customer at a Single Family Dwelling with one (1) ninety-five (95) gallon Cart designated for the Collection of that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste (a Refuse Cart) at rates that do not exceed the maximum rates set forth in the attached Exhibit A. Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one (1) or more additional Refuse Carts and Contractor may impose additional monthly charges to Customers on a per Refuse Cart basis at rates that do not exceed the maximum rates set forth in the attached Exhibit A.

SECTION 7. Amendment to Section 8.2.3 of the Agreement. The text of Section

8.2.3 of the Agreement is amended in its entirety to read as follows:

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8.2.3 Single Family Dwellings – Manual Collection.

In cases where City determines that Solid Waste Handling Services utilizing Carts is not feasible at Single Family Dwellings, Contractor shall provide Solid Waste Handling Services by manual means (i.e., manually lifting Containers and dumping their contents into a Collection Vehicle) (“Manual Service”). Customers receiving Manual Service shall be entitled to place out:
(i) three (3) standard size trash cans (not exceeding a capacity of 64 gallons) or up to six (6) standard sized plastic garbage bags each week for Collection, (ii) two Containers (standard trash size) designated for the Collection of Recyclable Materials, and (iii) one Container (standard trash size) designated for the Collection of Organic Waste. Contractor shall not be required to provide Refuse Carts, Recycling Carts or Organic Waste Carts to Customers receiving Manual Service, and such Customers shall provide their own Containers; provided, however, such Containers shall substantially comply with the Applicable Laws and be subject to the reasonable approval of Contractor and the City Manager. Contractor shall maintain a record of all Customers receiving Manual Service, and shall Collect all Solid Waste placed in such Customer’s Containers for Collection. Unless excused in writing by the City Manager, all obligations of Contractor hereunder applicable to Customers at Single Family Dwellings shall apply to Customers receiving Manual Service, excepting those related to automated Collection of Containers, and Contractor’s obligation to provide Carts noted above. Contractor may charge Customers receiving Manual Service rates that do not exceed the maximum rates set forth in Exhibit A.

SECTION 8. Amendment to Section 8.2.4 of the Agreement. The text of Section

8.2.4 of the Agreement is amended in its entirety to read as follows:

8.2.4 Single Family Dwellings – Bin Collection.

Contractor may not supply Customers at Single Family Dwellings with Bins in place of Refuse Carts, or otherwise use Bins for Solid Waste Handling Services at such Customer’s premises; excepting, however, that Bins may be used for Solid Waste Collection when requested by Customers receiving service at Single Family Dwellings when the lot upon which service is provided exceeds one (1) acre in size, or is zoned Rural Living (RL). In each such situation, Bins may only be utilized by Contractor if an enclosed storage area exists, or they are otherwise kept on the premises in such a manner as to not be visible from the public right of way. Any Customer at a Single Family Dwelling receiving refuse Collection service with Bins, shall also be provided a Recycling Cart and an Organic Waste Cart, in the same manner as any other Customer at a Single Family Dwelling; and, all obligations of Contractor hereunder applicable to Customers at Single Family Dwellings shall apply to such Customers, except that: (i) Contractor may charge such Customers rates for such service that do not exceed the maximum rates set forth in Exhibit A associated with Customers using Bins for Collection at Commercial Premises; and (ii) Contractor may charge such Customers rates for Collection of Organic Waste Carts and Recycling Carts that do not exceed the maximum rate for “Two Cart Recycling Service” set forth in Exhibit A.

SECTION 9. Amendment to Section 8.2.5 of the Agreement. Section 8.2.5 of the Agreement is amended in its entirety to read as follows:

8.2.5 Recycling and Organic Waste Programs for Single Family Dwellings Using Carts.

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8.2.5.1 Single Family Dwelling Recycling Program

8.2.5.1.1 Contractor shall implement a program for Customers at Single Family Dwellings (the “Residential Recycling Program”) whereby, except as otherwise provided herein, each Customer at a Single Family Dwelling shall be provided with a ninety-five (95) gallon Cart designated for the Collection of Recyclable Materials (a “Recycling Cart”). Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one (1) or more additional Recycling Carts at rates that do not exceed the maximum rates set forth on Exhibit A.

8.2.5.1.2 In connection with the Residential Recycling Program, Contractor shall Collect Recyclable Material placed in Recycling Carts for Collection from each Customer at a Single Family Dwelling on the same day as such Customers’ Refuse Cart is Collected. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Carts: aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 – 7; plastic bags, shrink wrap, plastic toys and tools, and other plastic materials (if readily identifiable as being Recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Pak© and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. The forgoing materials list may be adjusted if approved by the City Manager in order to comply with the Applicable Laws or as may be necessary to address market conditions.

8.2.5.2 Single Family Dwelling Organic Waste Program

8.2.5.2.1 Contractor shall provide a program for the Collection and processing of Organic Waste from all Customers at Single Family Dwellings that complies with the requirements of SB 1383 (the “Residential Organic Waste Recycling Program”). City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Chapter 10.04 of the Municipal Code which requires persons generating Solid Waste, including Organic Waste, at Single Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Residential Organics Recycling Program. Towards this end, Contractor shall provide all such Customers with a thirty-five (35) gallon Cart for Collection of commingled Organic Waste (an “Organic Waste Cart”). Upon request from any Customer at a Single-Family Dwelling, Contractor shall provide such Customer with one or more additional Organic Waste Carts at rates that do not exceed the maximum rates set forth in Exhibit A. Customers shall also have an option to increase the size of the organics cart from 35 gallon to 65 gallon at rates that do not exceed the maximum rates set forth in exhibit A. Contractor shall Collect Organic Waste placed in Organic Waste Carts for Collection from each Customer on the same day as such Customers’ Refuse Cart (or Bin if applicable) is Collected, using an automated Collection process. Customers shall be directed to place Organic Waste Carts in the same location for Collection as Refuse Carts. Contractor shall provide a modified version of the Residential Organs Recycling Program for Customers receiving Manual Collection, which program shall be subject to the approval of the City Manager. As part of the Residential Organic Waste Recycling Program, Contractor shall provide a modified Collection process for Customers receiving Manual Service, subject to the City Manager’s

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reasonable approval, that is substantially equivalent to the forgoing and complies with the Applicable Laws.

8.2.5.2.2 Contractor shall provide so called “kitchen pails” to all Customers at Single Family Dwellings who request them for the purpose of gathering food scraps and transporting them from within Customers’ homes to their Organic Cart, at no cost. Contractor shall provide an additional “kitchen pails” to any such Customers who requests one at rates that do not exceed the maximum rates set forth in Exhibit A. Kitchen pails shall be of a standard design reasonably approved in advance by City.

8.2.5.2.3 If the Approved Facility for delivery of Organic Waste Collected as part of the Residential Organic Waste Recycling Program does not accept plastics or compostable plastics, Contractor may, as part of its Residential Organic Waste Recycling Program, prohibit Customers from placing plastic bags, including plastic compostable bags, in Organic Waste Carts.

If the Approved Facility to which materials Collected as part of the Residential Organic Waste Recycling Program is delivered accepts plastics or compostable plastics, Contractor may allow Customers to place plastic bags that both comply with all Applicable Laws and meet such criteria as deemed acceptable to the Approved Facility, in Organic Waste Carts; provided, however, Contractor shall be responsible to ensure its Residential Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic or compostable plastic bags, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.

8.2.5.2.4 Contractor shall be responsible to ensure that all Organic Waste it Collects is delivered to an Organic Waste Processing Facility, which is permitted so as to be obligated to process Organic Waste in a manner that complies with SB 1383, using methods that are approved by CalRecycle.8.2.5.2.5 The maximum rates set forth in Exhibit A have been determined based on the Parties’ negotiations which were intended to address Contractor’s costs related to implementing a Residential Organic Waste Recycling Program that is compliant with SB 1383. These maximum rates are predicated on Contractor’s delivery of Organic Waste for processing to the Approved Facility(ies) identified in the accompanying Exhibit D. Contractor may not utilize facilities other than the Approved Facility(ies) for processing of Organic Waste without the written consent of the City Manager, and any such consent shall be conditioned upon renegotiation of the maximum rates to ensure they reflect any increase or decrease in costs incurred by Contractor associated with use of a different Organic Waste Processing Facility.

SECTION 10. Amendment to Sections 8.2.6; 8.2.7; 8.2.8 of the Agreement.

Sections 8.2.6, 8.2.7, and 8.2.8 of the Agreement are amended in their entirety to read “Reserved”; and the obligations formerly set forth in those Sections are incorporated into Section 8.3 of the Agreement as revised by this Second Amendment.

SECTION 11. Amendment to Section 8.3 of the Agreement. Section 8.3 of the Agreement is amended in its entirety to read as follows:

8.3 Commercial Solid Waste Handling Services.

8.3.1 Commercial Containers for Refuse.

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Contractor shall provide Commercial Customers with Containers meeting the minimum standards set forth in Exhibit B for Collection of that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste which shall either be Rolloff Boxes, Bins or ninety-five (95) gallon Refuse Carts.

Contractor shall supply a number of Containers and Collect them with a sufficient frequency that ensures public nuisance conditions do not exist. Any dispute regarding the proper number of Containers and the frequency of their Collection shall be resolved by the City Manager. Contractor may charge Commercial Customers rates for Collection of such Containers that do not exceed the maximum rates set forth in the attached Exhibit A. Upon a Customer’s request, Contractor shall provide an extra pick-up/dump at rates that do not exceed the maximum rates set forth in the attached Exhibit A.

8.3.2 Location for Collection and Replacement of Bins.

Containers shall be Collected by Contractor from the location upon each Customer’s property designated for their storage, and replaced to that location with gates and/or doors secured, as applicable, after Collection is completed, unless different arrangements are agreed upon by the Customer and Contractor.

8.3.3 Collection Requirements for Commercial Customers.

Contractor shall only be required to Collect Solid Waste which has been placed, kept, or accumulated in Containers, and is only required to do so with respect to those Containers that are placed at their designated pick-up locations pre-approved by City and Contractor prior to the Contractor’s normal weekly Collection time. If a Customer habitually leaves Solid Waste next to or outside of a Container, Contractor may, after obtaining City’s prior written consent either: (i) require such Customer to acquire one (1) or more additional Containers, (ii) require such Customer to add an additional day or days of service, or (iii) charge such Customer an additional charge, in accordance with Section 8.7 below (Special Services).

8.3.4 Commercial Recycling Program
Contractor shall provide a commercial recycling program (the "Commercial Recycling Program") to all Commercial Customers that at a minimum meets the standards required under the Applicable Laws, including specifically AB 341, SB 1383 and associated regulations, and such program shall be consistent with any ordinances adopted by the City to implement the Applicable Laws not inconsistent with the terms and provisions of this Agreement. City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Chapter 10.04 of the Municipal Code which requires persons generating Solid Waste, including Recyclable Material, at Commercial Premises, including Multi Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Commercial Recycling Program. Towards that end, Contractor shall deliver each applicable Customer at least one (1) Cart (with a capacity of 95 gallons) or Bin (with a capacity of either 2, 3, 4 or 6 cubic yards) for the Collection of Recyclable Materials.

Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws (such as AB 341, SB 1383 and associated regulations), taking into account each Customers’ actual

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needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision. Contractor shall assist the City in identifying Customers subject to this provision that are not in compliance with their obligations under the Applicable Laws. Contractor shall produce, keep current, and provide public information specifically outlining its Commercial Recycling Program, which shall specifically include the annual publication and distribution of a brochure describing this service to all applicable Customers in City. Contractor may charge Customers for the services under the Commercial Recycling Program rates that do not exceed the maximum rates set forth in Exhibit A.

8.3.5 Commercial Organics Program.

8.3.5.1 Contractor shall provide a program for the Collection, processing, and diversion from disposal of Organic Waste to all Commercial Customers consistent with the terms hereof (the “Commercial Organic Waste Recycling Program.”) City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Chapter 10.04 of the Municipal Code, which requires persons generating Solid Waste, including Organic Waste, at Commercial Premises, including Multi Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Commercial Organics Recycling Program. In connection with this obligation, Contractor shall deliver at least one (1) Container for the Collection of Organic Waste to each applicable Customer, excepting such Customers for whom City issues an Organics Recycling Waiver. Such Containers shall be either Carts (with a capacity of either 35 or 65 gallons), or Rolloff Boxes Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws, including specifically SB 1383, AB 1826, and all associated regulations, taking into account each Customer’s actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision. Contractor shall be responsible for ensuring that the Commercial Organic Waste Recycling Program it provides meets the requirements of all Applicable Laws, including AB 1826, SB 1383, and all applicable regulations. Contractor shall make available information related to its Commercial Organic Waste Recycling Program and shall promote said Program through its website, mailers, brochures, billing inserts, email content, social media, and online announcements, all as more fully set forth herein.

8.3.5.2 If the Approved Facility for delivery of Organic Waste Collected as part of the Commercial Organic Waste Recycling Program does not accept plastics or compostable plastics, Contractor may, as part of its Commercial Organic Waste Recycling Program, prohibit Customers from placing plastic bags, including plastic compostable bags, in Containers used for Collection of Organic Waste. If the Approved Facility to which materials Collected as part of the Commercial Organic Waste Recycling Program is delivered accepts plastics or compostable plastics, Contractor may allow Customers to place plastic bags that both comply with all Applicable Laws and meet such criteria as deemed acceptable to the Approved Facility, in Containers used for

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Collection of Organic Waste; provided, however, Contractor shall be responsible to ensure its Commercial Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic or compostable plastic bags, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.

8.3.5.3 Contractor shall deliver all Organic Waste it Collects to an Organic Waste Processing Facility, which is permitted so as to be obligated to process Organic Waste in a manner that complies with all Applicable Laws, including AB 1826, SB 1383 and all associated regulations, using methods that are approved by CalRecycle.

8.3.5.4 Contractor shall offer the Commercial Organic Waste Recycling Program at rates based on Container size and service frequency that do not exceed the maximum rates set forth in the attached Exhibit A.

8.3.5.5 On behalf of City, Contractor shall regularly identify opportunities for, barriers to, and incentives for Organic Waste recycling, and shall engage in Customer education and outreach related to Organic Waste recycling, all in a manner that ensures City is in compliance with its related obligations pursuant to the Applicable Laws. The method(s) by which Contractor contacts Customers for these purposes, unless otherwise specified, may be by any reasonable means Contractor desires (which may include direct mail, email, telephone calls, site visits and/or such other methods as Contractor reasonably deems appropriate), provided that such methods result in compliance with all obligations of the Applicable Laws, and any related requirements of CalRecycle.

8.3.5.6 Contractor shall identify Commercial Premises that create large amounts of Organic Waste, including specifically hotels, business parks, Multi-family Dwelling Customers, Large Venues, Large Events and Tier 1 and Tier 2 Commercial Edible Food Generators. Once identified, Contractor shall engage in education and outreach efforts, including specifically by providing access to employee training materials, in order to encourage such Customers to utilize the Commercial Organic Waste Recycling Program. Contractor shall specifically advise such Customers if they are not in compliance with the Applicable Laws. If necessary for compliance with the Applicable Laws, or if requested by CalRecycle, Contractor shall conduct visual waste audits of Commercial Premises to evaluate their Organic Waste Collection requirements and service level needs. Contractor shall annually contact Customers on behalf of City in a manner that complies with the Applicable Laws, including at Premises that do not participate in Contractor’s Commercial Organic Waste Recycling Program, utilize an in-house program, provide Edible Foods to Food Recovery Organizations or Food Recovery Services and/or otherwise recycle or divert Organic Waste. If requested by Customers, Contractor shall inspect their premises as part of such annual contact, and provide training to employees, in a manner reasonably approved by City, regarding the requirements of the Applicable Laws. Contractor shall provide copies to City of waste assessments performed each quarter and submit copies of all waste assessments as part of the annual report to the City in accordance with Section 23 of the Agreement as amended by this Second Amendment. In the event a Customer refuses to participate in Contractor’s Commercial Organic Waste Recycling Program, and does not report to Contractor that it achieves compliance with its obligations under the Applicable Laws through other methods, Contractor shall provide City with Customer’s name, address, contact information and such other information available to Contractor as may be requested by City or CalRecycle, in a format approved by City.

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8.3.5.7 Contractor, with such support from City as may be reasonably necessary, shall perform at least the following outreach as part of its Commercial Organic Waste Recycling Program to all applicable Customers:

8.3.5.7.1 Initial Direct Mailing Outreach to be performed by Contractor Contractor shall prepare a multi-lingual (at a minimum in English and Spanish, and such other languages as may be reasonably requested by City) letter regarding the requirements of AB 1826, SB 1383, AB 341 and all related regulations for City approval. Upon receipt of City approval, the letter shall be printed using the City’s electronic letterhead and mailed or delivered by Contractor to all Commercial Premises Customers, informing such Customers of the availability of the Commercial provided Organic Waste Recycling Program and the requirements for compliance with AB 1826, SB 1383, and all related regulations. The letter shall note that subscription to Contractor’s Organic Waste recycling services is mandatory under State law for Customers that do not receive an Organic Recycling Waiver from City or otherwise comply with their obligations as generators of Organic Waste as set forth in the Applicable Laws. This letter shall be distributed to Customers in a manner that complies with the Implementation, Outreach and Education Plan set forth in Exhibit E.

8.3.5.7.2 Initial Direct Mailing of Out of Compliance Outreach to be performed by Contractor
In the timeframe set forth in the Implementation, Outreach and Education Plan attached as Exhibit E, Contractor shall prepare a letter for City approval and mail or deliver it to all Customers who are not in compliance with their obligations related to under the Applicable Laws, including those related to SB 1383, AB 1826 and AB 341. The letter shall explain the requirements of the Applicable Laws, detail the Customer’s specific reasons for non-compliance, and explain the annual reporting requirements to CalRecycle. The letter is to be printed using the City’s electronic letterhead. Contractor shall concurrently provide City with a list of all Customers in noncompliance with their obligations under the Applicable Laws, (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in any program offered by Contractor to achieve compliance with the Applicable Laws, in order that such information may be utilized for enforcement purposes and included in reports to CalRecycle.

8.3.6 Commercial Bulky Item Service.

Contractor shall provide unlimited Bulky Item Collection services to Commercial Customers on an on-call basis. Rates for such services shall not exceed the maximum rates set forth on Exhibit A. Bulky Item Collection service calls shall be responded to within a reasonable time but not longer than seven (7) days from the date of the Customer’s call for service. Contractor shall produce, keep current, and provide public information specifically outlining the Bulky Item pick-up service.

SECTION 12. Amendment to Section 8.4(E) of the Agreement. Section 8.4(E) of the Agreement is amended in its entirety to read as follows: