Agenda — Twentynine Palms City Council, November 14, 2023

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, November 14, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, November 14, 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 - Ms. Karalee Hargrove.

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. Introduction of Park and Recreation'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

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

3. Approval of Minutes of the City Council Meeting Held on October 24, 2023.

City Council - Regular Meeting with Closed Session - 24 Oct 2023 - Minutes - Pdf 5 - 10

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4. Approval of Warrant Register Totaling $1,114,623.91
Approval of Warrant Register Totaling $1,114,623.91 - Pdf 11 - 15

5. Split Rock Ave Bridge Design Contract Amendments
RECOMMENDATION: The City Council approve Amendment Nos. 2 and 3 with Dokken Engineering, not to exceed a combined total of $86,000, and authorize the Interim City Manager to execute all documents.

Split Rock Ave Bridge Design Contract Amendments - Pdf
17 - 25

6. Public Utilities -Wastewater Services - Second Reading RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance, adding Chapter 15.10 Wastewater Services to the Municipal Code.

Public Utilities -Wastewater Services - Second Reading - Pdf 27 - 44

7. Award a Construction Services Contract to Courtmaster Sports, Inc.

RECOMMENDATION: The City Council approve and award a construction services contract to Courtmaster Sports, Inc. for repair and resurfacing of the basketball courts within Luckie Park utilizing 2023/2024 CDBG program funds.

Award a Construction Services Contract to Courtmaster Sports, Inc. - Pdf 45 - 66

8. Fire Department Emergency Response Report - October 2023.

Fire Department Emergency Response Report - October 2023. - Pdf 67 - 68

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARINGS

9. DCA23-000002 - Nonconforming Buildings and Uses.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for Chapter 19.142 Nonconforming Buildings and Uses
DCA23-000002 - Nonconforming Buildings and Uses. - Pdf
69 - 85

10. DCA23-000007 - Vacation Home Rentals.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for Chapter 19.41 Vacation Home Rentals.

DCA23-000007 - Vacation Home Rentals. - Pdf
87 - 107

11. DCA23-000012 - Western Joshua Trees.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for Western Joshua Trees.

DCA23-000012 - Western Joshua Trees. - Pdf
109 - 119

12. DCA23-000015 - DTSP Land Use Tables.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment for the Downtown Specific Plan land use tables.

DCA23-000015 - DTSP Land Use Tables. - Pdf
121 - 135

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DISCUSSION AND POTENTIAL ACTION ITEMS

13. City Clerk Compensation.

RECOMMENDATION: The City Council approve increases to the City Clerk’s Compensation.

City Clerk Compensation. - Pdf
137 - 138

14. Public Arts Advisory Appointment.

RECOMMENDATION: The City Council appoint Paul Razo as a standing member of the Public Arts Advisory Committee.

Public Arts Advisory Appointment. - Pdf
139 - 141

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

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

3. Discussion of forming a Youth Advisory Commission.

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

5. Assess and examine pedestrian and street safety around the schools.

6. Discussion on the peacock issue and creating an Ordinance to consider them wild animals and prohibiting them from being fed.

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

CITY MANAGER UPDATE

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

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., November 9, 2023.

Cindy Villescas CMC, City Clerk Time/Date

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
October 24, 2023

CLOSED SESSION AGENDA
5:15 P.M.

CALL TO ORDER - Mayor Wright called the Closed Session to order at 5:15 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 5:16 p.m.

CLOSED SESSION
Closed Session Pursuant to Government Code §54957 - Public Employees Performance Evaluation, City Clerk.

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Wright called the meeting to order at 6:01 p.m.

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

Invocation - Mayor Wright provided the Invocation.

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

Closed Session Announcements - Mayor Wright announced that the evaluation of the City Clerk was very positive.

Changes to the Agenda - City Manager Luckino announced that Sheriff Dycus, San Bernardino County Sheriff's Department will give an update with the Sheriff's Department.

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
Sheriff Dycus gave a presentation on what is happening in the Morongo Basin. He provided statistics in our area.

1. Presentation to the Twentynine Palms High School Volleyball Team for their Participation in the Cash for Trash and Recycling Program.

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

Page 1 of 6 ends

City Council - Regular Meeting with Closed Session
October 24, 2023

2. Presentation by PAAC.

Ms. Anna Stump and Ms. Kate Short gave an update on the PAAC.

3. Proclamation Recognizing October 2023 as National Breast Cancer Awareness Month.

Mayor Wright read the Proclamation in its entirety. He then presented the Proclamation to Ms. Alice Lawson.

4. Presentation to Outgoing City Manager Frank Luckino.

Mayor Wright presented a plaque to Outgoing City Manager Frank Luckino. City Manager Luckino thanked the City Council and Staff for all everyone has done for him. He commented that this has truly been a nice experience.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he had the honor of participating in the Pioneer Days Parade.

Councilmember Mintz commented that he also participated in the Pioneer Days Parade, the Pet Parade, the Ribbon Cutting Ceremony for the High School Stadium, the MDAQMD meeting and he had a few meetings with constituents.

Councilmember Klink expressed his gratitude to City Manager Luckino, he mentioned that he participated in the parade, he attended the pet parade, the Wildcat Football Stadium Ribbon Cutting Ceremony, and the Mountain/Desert Measure I meeting.

Mayor Pro Tem Bilderain mentioned that he attended most of the Pioneer Days festivities, he made it to the High School football game at half time, so he missed the Ribbon Cutting Ceremony at the new High School football field, he congratulated all the Staff for all the hard work for Pioneer Days, and he thanked City Manager Luckino for everything.

Mayor Wright commented that he was in the parade, he participated in the Sunrise Service, the Ribbon Cutting Ceremony at the new High School football field. He mentioned that he had the opportunity to meet with a Councilmember from Finland who was passing through. He thanked City Manager Luckino and welcomed Interim City Manager Bowden.

CONSENT CALENDAR

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

6. Approval of Minutes of the City Council Meeting Held on August 22, 2023, September 12, 2023, September 26, 2023, October 10, 2023, October 11, 2023, and October 16, 2023.

7. Approval of Project Phoenix Warrant Register Totaling $57,153.59.

8. Approval of Warrant Register Totaling $2,045,562.99.

9. Legislative Report - October 2023.

10. Fire Department Emergency Response Report - September 2023.

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City Council - Regular Meeting with Closed Session
October 24, 2023

11. Treasurer's Report - FY 2023-24 Quarter 1.

RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 1st Quarter of Fiscal Year 2023-24.

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

RECOMMENDATION: The City Council adopt Resolution No. 23-26, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.

13. Updating the Authorized Signers on the City's Bank Accounts.

RECOMMENDATION: The City Council adopt Resolution No. 23-27, designating authorized signers on the City Bank Accounts.

14. Animal Shelter Design Contract.

RECOMMENDATION: The City Council approve a contract not to exceed $500,000.00 with Miller Architecture Corporation for design services and allow the City Manager or Interim City Manager to execute all contract documents.

City Manager Luckino asked that item #14 be removed from the Consent Calendar for discussion.

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

The above motion was carried by the following:

ROLL CALL VOTE:

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

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

14. Animal Shelter Design Contract.

Information Services Director Eli Marshall (Director Marshall) presented the Staff Report.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to approve a contract not to exceed $500,000 with Miller Architecture Corporation for design services and allow the City Manager or Interim City Manager to execute all contract documents.

The above motion was carried by the following:

ROLL CALL VOTE:

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

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City Council - Regular Meeting with Closed Session
October 24, 2023

PUBLIC HEARINGS

15. GPA - Equity and Social Justice Element.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Resolution, adding the Equity and Social Justice Element to the General Plan.

Community Development Director (Director Gardner) presented the Staff Report. He then passed the floor to Mr. John Criste, Terra Nova Planning and Research, who provided more information on the Equity and Social Justice Element to the General Plan.

Mayor Wright opened the Public Hearing.

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

ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Bilderain, to find the project exempt from CEQA and adopt Resolution No. 23-26, adding the Equity and Social Justice Element to the General Plan.

The above motion was carried by the following:

ROLL CALL VOTE:

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

16. Public Utilities - Wastewater Services.

RECOMMENDATION: The City Council introduce the Ordinance, conduct the Public Hearing, consider public comment and find the project exempt from CEQA pursuant to Section 15061(b)(3).

Director Gardner presented the Staff Report.

Mayor Wright opened the Public Hearing.

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

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to introduce Ordinance No. 312 and find the project exempt from CEQA pursuant to Section 15061 (b)(3).

The above motion was carried by the following:

ROLL CALL VOTE:

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

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City Council - Regular Meeting with Closed Session
October 24, 2023

DISCUSSION AND POTENTIAL ACTION ITEMS

17. Wastewater Project.

RECOMMENDATION: The City Council provide policy direction on the Wastewater Project.

City Manager Luckino presented the Staff Report.

Joseph Carder, Twentynine Palms, commented that the State provides sewer septic grants to cities that could help the City with the cost. He also let the City Council know that he appreciates the Council for looking at the possibility of moving the Treatment Plant.

Karalee Hargrove, Twentynine Palms, commented that the Wastewater Subcommittee agreed to move the Treatment Plant and it was moved a bit. She suggested a government loophole of some sort so that the City doesn't lose the $50 million dollars being given to the City by the State.

After a brief discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Scott, to task Staff to save $1 million dollars of grant money to do a USGS study and another $1 million to conduct another study to find out what the cost would be to move the plant and how many hookups we can have for the plant.

The above motion was carried by the following:

ROLL CALL VOTE:

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

18. City Manager Recruitment.

RECOMMENDATION: The City Council discuss the City Manager recruitment process as appropriate and provide direction to Staff.

City Manager Luckino presented the Staff Report.

Susan Peplow, Joshua Tree, sent a letter to be read into the record.

After a brief discussion, a motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain, to have Human Resources recruit internally and if we aren't successful that way, we can proceed with recruiting through a recruitment firm.

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 Banner throughout the City.

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

3. Discussion of forming a Youth Advisory Commission.

Page 5 of 6 ends

City Council - Regular Meeting with Closed Session
October 24, 2023

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

6. Assess and Examine Pedestrian and Street Safety around the schools.

Councilmember Klink asked that a discussion on peacocks and creating an Ordinance to consider them wild animals and should not be fed. Councilmember Mintz seconded the item.

PUBLIC COMMENTS
Karalee Hargrove, Twentynine Palms, thanked the City Council for the City Hall tour provided to the Plus Program students, she commented that the USGS Study is a five-year study, and the City could be good stewards of the State and give the $50 million to Yucca Valley so that the money isn't lost. She complimented the Pioneer Days events and she agreed with the decision made on hiring a new City Manager. She mentioned that she has some issues with the homeless by 7-11 and drug use. She is asking the City Council to possibly look at drug usage in our City. She thanked City Manager Luckino for being so inclusive to our special needs community.

LeeAnn Clarke, Twentynine Palms, thanked the City for the 87th Annual Pioneer Days and for including the Ministerial Association in the events. She thanked City Manager Luckino for all he has done for the organizations she has been involved in. She thanked Larry Bowden for stepping up to the plate and taking on this responsibility.

Andrew Fulbright, Twentynine Palms, complimented City Manager Luckino for all he has done for the City. He commented that he did not have the opportunity to listen to Sheriff Dycus' presentation, but he wanted to let him know what an exemplary job his deputies are doing for us.

CITY MANAGER UPDATE
City Manager Luckino had no updates. He thanked the City Council for allowing him to be their City Manager.

ADJOURNMENT - Mayor Wright adjourned the meeting in memory of Burt Frasher and Josephine Bizzarro at 8:15 p.m.

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

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STAFF REPORT
TO: City Council
FROM: Senior Finance Technician
FOR MEETING: Nov 14 2023
SUBJECT: Approval of Warrant Register Totaling $1,114,623.91 ATTACHMENTS:
• Warrant Register 111423

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Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 11-14-23
Check / Payment
0017354 10/11/2023 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0017355 10/11/2023 [2680] AIS 500.00
0017356 10/11/2023 [1014] ARROWHEAD CREDIT UNION 21,209.27 0017357 10/11/2023 [1017] AUTOZONE (0842) 26.81
0017358 10/11/2023 [3727] BREAKPOINT POOL AND SPA 900.00 0017359 10/11/2023 [3598] CANON SOLUTIONS AMERICA 86.48 0017360 10/11/2023 [3658] CAROLLO ENGINEERS, INC 3,567.75 0017361 10/11/2023 [3568] CV STRATEGIES 2,750.00
0017362 10/11/2023 [3568] CV STRATEGIES 3,200.00
0017363 10/11/2023 [1102] FORENSIC DTS INC 668.69
0017364 10/11/2023 [1106] FRONTIER 77.79
0017365 10/11/2023 [1106] FRONTIER 265.88
0017366 10/11/2023 [1106] FRONTIER 6.55
0017367 10/11/2023 [1107] FULTON DISTRIBUTING 1,813.38
0017368 10/11/2023 [1109] GALLS LLC 116.24
0017369 10/11/2023 [1112] GLOBAL ENVIRONMENTAL PROD INC 5,414.73 0017370 10/11/2023 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0017371 10/11/2023 [1134] INTERVET INC 807.32
0017372 10/11/2023 [3748] JAIME SCHMIDT 1,000.00
0017373 10/11/2023 [3749] JENICA R. SILVAS 136.00
0017374 10/11/2023 [3715] KNC CONSTRUCTION, INC 8,133.64 0017375 10/11/2023 [1157] MCCS 600.00
0017376 10/11/2023 [1167] MORONGO UNIFIED SCHOOL DISTRICT 3,139.64 0017377 10/11/2023 [0001] ONE TIME VENDOR - 29 PROSPECT BASEBALL 500.00 0017378 10/11/2023 [0001] ONE TIME VENDOR - MELISSA RANEY 77.36 0017379 10/11/2023 [2582] OREILLY 596.97
0017380 10/11/2023 [0328] JACQUELINE PALMER 85.00
0017381 10/11/2023 [2686] QUEST DIAGNOSTICS 37.80
0017382 10/11/2023 [2499] RACKSPACE US, INC 1,298.90
0017383 10/11/2023 [1213] SAN BERNARDINO CO SHERIFFS DEPT 443,627.00 0017384 10/11/2023 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0017385 10/11/2023 [1230] SCE 15,372.89
0017386 10/11/2023 [3700] SIMPLEVIEW 1,950.01
0017387 10/11/2023 [1227] SONSRAY MACHINERY 1,544.21
0017388 10/11/2023 [1231] SPARKLETTS 630.74
0017389 10/11/2023 [1249] SPECTRUM 142.32
0017390 10/11/2023 [3734] STACEY LYNN SOLIE 2,439.79
0017391 10/11/2023 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 20,083.88 0017392 10/11/2023 [3580] TRIPEPI, SMITH AND ASSOCIATES INC. 610.00 0017393 10/11/2023 [1255] TURF STAR INCORPORATED 903.35 0017394 10/11/2023 [1259] TWENTYNINE PALMS WATER DISTRICT 5,330.09 0017395 10/11/2023 [1133] VISUAL EDGE IT, INC 173.25
0017396 10/11/2023 [1277] WATERLINE TECHNOLOGIES INC 2,569.84 Run: 11/08/2023 at 11:53 AM Page: 1

Page 12 of 141 ends

0017397 10/11/2023 [2283] WHEELING PARK COMMISSION 2,247.33 0017398 10/11/2023 [1284] WONDER ELECTRIC COMPANY (0052) 545.93 0017399 10/18/2023 [2463] 4 SPORTS N' MORE (8671) 2,046.91 0017400 10/18/2023 [1001] LORI (8411) ABDELNOUR 1,475.00 0017401 10/18/2023 [3754] ABYGAIL BIGOS 100.00
0017402 10/18/2023 [1005] AFLAC 648.86
0017403 10/18/2023 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0017404 10/18/2023 [1018] AVALON URGENT CARE INC 100.00 0017405 10/18/2023 [3755] BRIANNA DANDURAND 100.00
0017406 10/18/2023 [3570] ELAINE BRON 100.00
0017407 10/18/2023 [3735] CAROLINE PARTAMIAN 224.80
0017408 10/18/2023 [3658] CAROLLO ENGINEERS, INC 3,598.00 0017409 10/18/2023 [1052] CHARLES ABBOTT ASSOCIATES INC 56,643.08 0017410 10/18/2023 [3752] CLAIRE M GROW 200.00
0017411 10/18/2023 [1836] COLDWELL BANKER ROADRUNNER REALTY/JOSHUA 1,750.00 0017412 10/18/2023 [1073] ZACKERY COX 475.00
0017413 10/18/2023 [3568] CV STRATEGIES 9,106.25
0017414 10/18/2023 [1079] DATA TICKET INC 325.00
0017415 10/18/2023 [2194] DIVISION OF THE STATE ARCHITECT 108.00 0017416 10/18/2023 [3577] FRIENDS OF JOSHUA TREE 500.00 0017417 10/18/2023 [1106] FRONTIER 45.14
0017418 10/18/2023 [3586] TORIN GRIMES 204.00
0017419 10/18/2023 [1128] HUB INTERNATIONAL INSURANCE SVC 1,561.50 0017420 10/18/2023 [2615] IE GENERAL ENGINEERING INC (8767) 298,651.43 0017421 10/18/2023 [3751] JESSICA LYNN BURKE 255.00
0017422 10/18/2023 [3753] KEVIN KING LESHO 275.00
0017423 10/18/2023 [3569] MCCUE MECHANICAL 425.00
0017424 10/18/2023 [0539] NADIA MORENO 204.00
0017425 10/18/2023 [3750] NEW DEAL HOSPITALITY 5,000.00 0017426 10/18/2023 [1184] OFFICE DEPOT CREDIT PLAN 745.00 0017427 10/18/2023 [0001] ONE TIME VENDOR - WHAT THE PHO NOODLE HOUSE 102.35 0017428 10/18/2023 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,259.28 0017429 10/18/2023 [1209] ROGERS ANDERSON MALADY AND SCOTT (2807) 14,000.00 0017430 10/18/2023 [1212] RUTAN AND TUCKER 29,178.79
0017431 10/18/2023 [1218] SBC TAX COLLECTOR 291.95
0017432 10/18/2023 [1230] SCE 5,250.90
0017433 10/18/2023 [3700] SIMPLEVIEW 1,950.01
0017434 10/18/2023 [1249] SPECTRUM 129.99
0017435 10/18/2023 [1249] SPECTRUM 159.98
0017436 10/18/2023 [1178] T-MOBILE 117.22
0017437 10/18/2023 [1267] UTILITY COST MANAGEMENT LLC 1,523.64 0017438 10/18/2023 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017439 10/18/2023 [3610] RYAN M WADDELL 150.00
0017440 10/18/2023 [2394] WILLDAN 7,250.00
0017441 10/19/2023 [3524] MICHAEL HEIL 1,000.00
0017442 10/25/2023 [1053] CINTAS CORPORATION (8315) 506.45 0017443 10/25/2023 [3448] CIRA 6,097.17
0017444 10/25/2023 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0017445 10/25/2023 [3568] CV STRATEGIES 1,962.50
0017446 10/25/2023 [1106] FRONTIER 109.65
0017447 10/25/2023 [1107] FULTON DISTRIBUTING 388.98
Run: 11/08/2023 at 11:53 AM Page: 2

Page 13 of 141 ends

0017448 10/25/2023 [1122] GOLD MOUNTAIN CA NEWS MEDIA 2,379.75 0017449 10/25/2023 [2183] JOE A GONSALVES & SON 3,000.00 0017450 10/25/2023 [3757] KATE LEE SHORT 1,175.28
0017451 10/25/2023 [2507] MERRELL JOHNSON 2,702.00
0017452 10/25/2023 [3588] METLIFE SMALL BUSINESS CENTER 4,646.89 0017453 10/25/2023 [1175] AARON NEVEU 501.00
0017454 10/25/2023 [1182] NV5 INC (8793) 38,385.77
0017455 10/25/2023 [0001] ONE TIME VENDOR - GROUND ZERO 101.95 0017456 10/25/2023 [1216] SAN BERNARDINO CO FIRE DEPARTMENT 5,785.41 0017457 10/25/2023 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0017458 10/25/2023 [1230] SCE 953.56
0017459 10/25/2023 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,222.86 0017460 10/25/2023 [1249] SPECTRUM 12.53
0017461 10/25/2023 [1249] SPECTRUM 119.99
0017462 10/25/2023 [1249] SPECTRUM 1,179.00
0017463 10/25/2023 [1254] TROPHY EXPRESS 90.57
0017464 10/25/2023 [1141] US ROOTER (1187) 400.00
0017465 10/25/2023 [1270] VALLEY INDEPENDENT PRINTING 93.53 0017466 10/25/2023 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 390.00 0017467 10/25/2023 [1274] VSP 691.98
0017468 10/25/2023 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0017469 10/25/2023 [0452] CHRISTINA BENTON 163.75
0017470 11/01/2023 [2680] AIS 133.99
0017471 11/01/2023 [3121] AMERICAN EXPRESS 2,731.74
0017472 11/01/2023 [2209] ARAMARK UNIFORMS (8539) 140.02 0017473 11/01/2023 [3709] CA STATE DISBURSEMENT UNIT 85.00 0017474 11/01/2023 [1053] CINTAS CORPORATION (8315) 138.83 0017475 11/01/2023 [1081] STEPHEN F DAVIS 400.00
0017476 11/01/2023 [3759] EMMA CAMILA MAGRANE - CAMILA MAGRANE 120.00 0017477 11/01/2023 [1106] FRONTIER 51.42
0017478 11/01/2023 [1110] GAMETIME 309.21
0017479 11/01/2023 [3136] JONS FLAGS & POLES INC 1,539.75 0017480 11/01/2023 [3660] KIMBERLY K. JOHNSON 1,415.00
0017481 11/01/2023 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0017482 11/01/2023 [1168] MOST DEPENDABLE FOUNTAINS INC 384.20 0017483 11/01/2023 [0001] ONE TIME VENDOR - AMBER GONZALEZ 53.00 0017484 11/01/2023 [3756] PETER O'LEARY 1,000.00
0017485 11/01/2023 [3761] QUICK N EASY APPLIANCE SVC INC 824.00 0017486 11/01/2023 [2396] SAN BERNARDINO COUNTY-CSA 233.77 0017487 11/01/2023 [1230] SCE 9,591.75
0017488 11/01/2023 [1646] SCHROEDER PLUMBING (3164) 635.00 0017489 11/01/2023 [1249] SPECTRUM 119.99
0017490 11/01/2023 [1249] SPECTRUM 149.98
0017491 11/01/2023 [1249] SPECTRUM 189.99
0017492 11/01/2023 [1243] THE GAS COMPANY 515.13
0017493 11/01/2023 [1259] TWENTYNINE PALMS WATER DISTRICT 3,862.15 0017494 11/01/2023 [1141] US ROOTER (1187) 325.00
0017495 11/01/2023 [3758] VADIM ALTSCHULER 250.00
0017496 11/01/2023 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017497 11/01/2023 [1273] VERIZON WIRELESS 308.54
Run: 11/08/2023 at 11:53 AM Page: 3

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0017498 11/01/2023 [3760] WORLD INSURANCE ASSOCIATES LLC 820.00 Approved by: Date:

Total Checks: 1,114,623.91
Run: 11/08/2023 at 11:53 AM Page: 4

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STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 14 2023
SUBJECT: Split Rock Ave Bridge Design Contract Amendments RECOMMENDATION:

The City Council approve Amendment Nos. 2 and 3 with Dokken Engineering, not to exceed a combined total of $86,000, and authorize the Interim City Manager to execute all documents.

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:
• 2177_Amendment No2
Request_2023-1027
• 2177_Amendment No3
Request_2023-1027
BACKGROUND:

The purpose of this report is to request the City Council's approval for Amendment Nos. 2 and 3 to the City’s Agreement with Dokken Engineering for engineering, environmental, and construction support services for the Split Rock Avenue Bridge project. This amendment is requested to address the costs and time associated with restarting the project after being on-hold while waiting for Caltrans and changes to the design that was requested by Caltrans.

Amendment #2 is needed to accommodate for the added project management and administration needs as well as engineering services that resulted from changes to the design requested by Caltrans. The changes requested by Caltrans in response to the 65% submittal require considerable time and resources that were not anticipated in the original agreement.

Amendment #3 is requested to address the costs and time associated with Caltrans requiring the Split Rock Bridge project to change design standards. All elements of the design of this project were based on the 2018 Caltrans Standard Specifications, Standard Special Provisions, Standard Bid Items, Notice to Bidders, Bid Book, and Standard Plans.

On November 7, 2022, Caltrans issued a memorandum requiring all projects administered by local agencies receiving their E-76 CON (funding for construction) after May 1, 2023 to update their projects to the 2022 Caltrans Standards. City staff and Dokken agreed that updating the project to the 2023 Caltrans Standards would be in the best interest of the City, and more efficient and less costly by doing the update once by bypassing the 2022

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Standards and updating to the 2023 Standards. This change takes sizeable time and effort, with the scope and budget proposal shown on the attached scope of work letters from Dokken for both amendments.

Work tasks details for these two amendments are included in the attached Amendment letters provided by Dokken Engineering.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to approve the amendments.

FISCAL IMPACT:

The cost for Amendment #2 is $66,225 and the cost for Amendment #3 is $19,775. Both of these bridge related expenses qualify for reimbursement at 88.53%, from the Highway Bridge Program Funds. The City is required to match at 11.47% of the costs, which is $9,864.20. The project's funding for the City's match comes from Measure I pass through funds and Measure I Major Local Highway Program Funds, administered by SBCTA.

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DOKKEN ENGINEERING
Transportation Solutions from Concept to Construction
October 27, 2023
Richard Pedersen, PE
City Engineer
6136 Adobe Road
Twentynine Palms, CA 92277
RE: Split Rock Avenue Bridge
Federal Aid Project Number: NBIL (533), STIP 209-5000-3189 Amendment No. 2 Request: Budget Adjustment and Time Extension Dear Mr. Pedersen,
The purpose of this letter is to request Amendment No. 2 to the City’s Agreement with Dokken Engineering for engineering, environmental, and construction support services for the Split Rock Avenue Bridge project. This amendment is requested to address the costs and time associated with restarting the project after being on-hold while waiting for Caltrans and changes to the design that was requested by Caltrans.

This amendment is needed to accommodate for the added project management and administration needs as well as engineering services that resulted from changes to the design requested by Caltrans.

The changes requested by Caltrans in response to the 65% submittal require considerable time and resources that were not anticipated in the original Agreement.

Following is a description of the services necessary to complete the project. This assumes a time extension through January 2024, with RFA Construction being submitted in December 2023. The outline is consistent with the contract task numbering. Information is provided only for amended tasks.

CONTRACT TASK BUDGET
TASK 1 – PROJECT MANAGEMENT $29,500
The original Project Management budget of $47,502 was anticipated to carry the project from October 2015 through August 2017, per the original consultant agreement.

Unfortunately, due to circumstances outside of Dokken’s control, there have been several instances of project delay that have caused the schedule to increase in duration.

This amendment request is for a time extension through January 2024, which is an increase in Project Management duration of forty (40) months. The budget adjustment includes resources necessary for additional meetings, coordination, administering the contract, grant funding development, and general project management.

The budget adjustment accounts for the extra effort required to manage and administer the design and environmental process for this project.

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Split Rock Avenue Bridge Project – Federal Aid Project Number: NBIL (533) Amendment No. 2 Request: Budget Adjustment and Time Extension 2 CONTRACT TASK BUDGET
TASK 12.A – 95% BRIDGE DESIGN $ 25,000
After the 65% PS&E submittal to Caltrans, they requested significant modifications to the bridge structure. Caltrans requested that the sidewalk and shoulder widths be narrowed, which required redesign of the bridge structure. Caltrans also requested that the bridge profile be lowered to reduce the freeboard at the bridge soffit. Finally, Caltrans required that bridge abutment extend below the depth of scour, which results in a complete redesign of the bridge abutment foundations.

This budget adjustment will allow for the previously unanticipated changes to be included with the 95% PS&E submittal.

TASK 12.B – 95% ROADWAY DESIGN $ 8,225
After the 65% PS&E submittal to Caltrans, they requested significant modifications to the roadway profile and a reduction in overall roadway width. The modifications to the Split Rock Avenue profile required changes to the design of the intersections at both Bagley Avenue and Buena Vista Drive. Additionally, the changes that Caltrans required for the bridge abutment foundations will require additional design efforts to ensure there are no impacts to the existing water line along Split Rock Avenue.

This budget adjustment will allow for the previously unanticipated changes to be included with the 95% PS&E submittal.

TASK 12.C – 95% QUANTITIES AND ESTIMATE $ 3,500
After the 65% PS&E submittal to Caltrans, they requested significant modifications to the roadway profile and a reduction in overall roadway width. The modifications to the Split Rock Avenue profile required changes to the design of the intersections at both Bagley Avenue and Buena Vista Drive. Additionally, the changes that Caltrans required for the bridge abutment foundations will require additional design efforts to ensure there are no impacts to the existing water line along Split Rock Avenue.

This budget adjustment will allow for the previously unanticipated changes to be included with the 95% quantities and cost estimate.

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Split Rock Avenue Bridge Project – Federal Aid Project Number: NBIL (533) Amendment No. 2 Request: Budget Adjustment and Time Extension 3 SUMMARY:

Following is a summary of the current and proposed agreement amounts:

Original Contract Amount $ 478,775.00
Amendment No. 1 $ 24,482.28
Requested Amendment No. 2 $ 66,225.00
TOTAL PROPOSED CONTRACT AMOUNT: $ 589,482.28
In addition to the requested budget changes, Dokken also requests that the contract duration be extended through January 2024 to coincide with completing the design phase of the project. Bidding and construction support services are also excluded from this amendment request, and a future amendment would be required to add schedule and budget for these services, if so desired by the City.

Upon the City’s agreement to this request, Dokken will submit Form 10-H, complete a revised Exhibit 6-D, and an HBP Survey indicating the changes in scope and cost of the consultant agreement and the project as a whole.

We appreciate your consideration of this matter and thank you again for the opportunity to work with the City on this challenging project. Please contact me if you have any questions or indicate your concurrence in the space provided.

Sincerely,
DOKKEN ENGINEERING APPROVED BY:
______________________ _________
Dan Nutter, PE, Esq. CITY MANAGER DATE
Project Manager

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Dear Mr. Pedersen,
The purpose of this letter is to request Amendment No. 3 to the City’s Agreement with Dokken Engineering for engineering, environmental, and construction support services for the Split Rock Avenue Bridge project. This amendment is requested to address the costs and time associated with Caltrans requiring the Split Rock Bridge project to change design standards. All elements of the design of this project were based on the 2018 Caltrans Standard Specifications, Standard Special Provisions, Standard Bid Items, Notice to Bidders, Bid Book, and Standard Plans.

On November 7, 2022, Caltrans issued a memorandum requiring all projects administered by local agencies receiving their E-76 CON after May 1, 2023 to update their projects to the 2022 Caltrans Standards. The City and Dokken agreed that updating the project to the 2023 Caltrans Standards would be in the best interest of the City, bypassing the 2022 Standards. This change takes sizeable time and effort, with the scope and budget proposal shown below.

This amendment is needed to accommodate for the added project management and administration needs as well as engineering services that resulted from updating the project from 2018 Caltrans Standards to 2023 Caltrans Standards.

CONTRACT TASK BUDGET
TASK 1 – PROJECT MANAGEMENT $1,500
After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards.

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Split Rock Avenue Bridge Project – Federal Aid Project Number: NBIL (533) Amendment No. 3 Request: Budget Adjustment and Time Extension 2 CONTRACT TASK BUDGET
Unfortunately, due to circumstances outside of Dokken’s control, there has been scope changes to the project that have caused the level of project management to increase. The budget adjustment includes resources necessary for additional meetings, coordination, administering the contract, grant funding development, and general project management.

The budget adjustment accounts for the extra effort required to manage and administer the design meetings and changes for this amendment scope.

TASK 13.A – FINAL BRIDGE DESIGN $ 5,250
After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards.

This budget adjustment will allow for the previously unanticipated changes of updating the project from 2018 Caltrans Standards to 2023 Caltrans Standards to be included with a rubsmitted Final PS&E submittal.

TASK 13.B – FINAL ROADWAY DESIGN $ 3,725
After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards.

TASK 12.C – FINAL QUANTITIES AND ESTIMATE $ 1,500
After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards.

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Split Rock Avenue Bridge Project – Federal Aid Project Number: NBIL (533) Amendment No. 3 Request: Budget Adjustment and Time Extension 3 CONTRACT TASK BUDGET
TASK 13.D – FINAL SPECIFICATIONS
After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards.

TASK 13.E – REQUEST FOR AUTHORIZATION PACKAGE MATERIALS $ 1,225 After Dokken and the City submitted the Final PS&E Package (including a Caltransapproved PS&E Certification), Caltrans required that the project upgrade from the 2018 Caltrans Standards to the 2023 Caltrans Standards. These changes require Dokken to reevaluate the project design, estimate, and specifications to make any necessary changes based on the updated standards. The PS&E Certification had to be updated and resubmitted with these changes.

This budget adjustment will allow for the PS&E Certification to be resubmitted based on the unanticipated changes of updating the project from 2018 Caltrans Standards to 2023 Caltrans Standards.

SUMMARY:

Following is a summary of the current and proposed agreement amounts:

Original Contract Amount $ 478,775.00
Amendment No. 1 $ 24,482.28
Amendment No. 2 (Submitted 10/27/2023) $ 66,225.00
Requested Amendment No. 3 $ 19,775.00
TOTAL PROPOSED CONTRACT AMOUNT: $ 589,257.28
In addition to the requested budget changes, Dokken also requests that the contract duration be extended through January 2024 to coincide with completing the design phase of the project. Bidding and construction support services are also excluded from this amendment request, and a future amendment would be required to add schedule and budget for these services, if so desired by the City.

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Split Rock Avenue Bridge Project – Federal Aid Project Number: NBIL (533) Amendment No. 3 Request: Budget Adjustment and Time Extension 4 Upon the City’s agreement to this request, Dokken will submit Form 10-H, complete a revised Exhibit 6-D, and an HBP Survey indicating the changes in scope and cost of the consultant agreement and the project as a whole.

Sincerely,
DOKKEN ENGINEERING APPROVED BY:
______________________ _________
Dan Nutter, PE, Esq. CITY MANAGER DATE
Project Manager

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Nov 14 2023
SUBJECT: Public Utilities -Wastewater Services - Second Reading RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance, adding Chapter 15.10 Wastewater Services to the Municipal Code.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Wastewater Services
• Chapter 15.10 Wastewater
Services draft
BACKGROUND:

At the meeting of October 24, 2023, the City Council held a Public Hearing on an amendment to the Municipal Code, adding Chapter 15.10 Wastewater Services establishing regulations for the connection to the public sewer system when available.

To comply with Federal and State law, the City is enacting regulations that will require the mandatory connection of a proposed project within the vicinity of an operational wastewater treatment system. In the near future, the City will have a wastewater treatment system located in the downtown area of the City. The City is also proposing the development of a larger system, as shown on the attached map.

The installation of on-site septic systems will not be permitted when proposed development is within 200 linear feet of a existing public sewer system.

The proposed regulations include, but are not limited to, establishment of when a connection to public sewer is required, when an on-site treatment system would be permitted, wastewater discharge regulations, sewer connection approval and design, construction of sewers and sewer laterals.

ENVIRONMENTAL:

Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), the proposed municipal code text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is Page 27 of 141 covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

The City Council could choose to:

1. Request additional information from Staff and postpone the Hearing to a date certain.

2. Make modifications to the draft code and adopt with recommended changes.

3. Deny the proposed amendment to the Municipal Code.

FISCAL IMPACT:

None

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CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING AN AMENDMENT TO THE CITY OF TWENTYNINE PALMS MUNICIPAL CODE, ADDING CHAPTER 15.10,
WASTEWATER SERVICES.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms has an operational wastewater treatment facility in the downtown area; and
WHEREAS, the City is proposing the installation of a larger wastewater treatment system; and
WHEREAS, the City has proposed an amendment to the Municipal Code for regulations regarding connections to the proposed wastewater treatment system; and WHEREAS, connection to an operational sewer system is mandatory when within the specified vicinity; and
WHEREAS, on October 09, 2023, the Municipal Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on October 24, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Municipal Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on October 24, 2023, at which time the Council introduced Ordinance No. ___, adding Chapter 15.10 Wastewater Services to the Municipal Code, and
WHEREAS, on October 24, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

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Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:

Section 1. Based upon the review of the proposed amendment to the Municipal Code, Chapter 15.10 Wastewater Services, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.

Section 4. The City Council of the City of Twentynine Palms amends the Municipal Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.

Section 6. Introduction Date. Ordinance No. ___ was introduced by Council action on the 24th day of October 2023.

Section 7. Effective Date. Ordinance No. ___ becomes effective thirty (30) days after the second reading by City Council.

Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.

PASSED, APPROVED, AND ADOPTED this 14
th day of November 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk

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APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 24 th
day of October 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 14
th day of November 2023, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

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TITLE 15 - UTILITIES
CHAPTER 15.10 - WASTEWATER SERVICES

15.10.010 - Purpose
This Chapter is intended to comply with applicable Federal and State of California Laws and Regulations, to permit the City to meet applicable standards of treatment plant effluent quality, to provide for the regulation of wastewater discharges, establishing quantity and quality of limitations on all wastewater discharges which may adversely affect the City's sewerage systems, processes, or effluent quality. It is the intent of such regulation to improve the quality of wastewater being discharged, collected, and transported by the City. It is the City's policy to discourage any increase in the quantity (mass emission) of waste constituents being discharged where such increase could be detrimental to the sewage system.

This Chapter also provides for regulation of the fees and charges, connections, other miscellaneous permits, and the establishment of penalties for violation of the provisions hereof. The provisions of this Chapter shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the City, and all City public or private sewerage disposal systems.

15.10.020 - Definitions
Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be performed pursuant to City guidelines and may be amended from time to time. Other terms not herein defined are defined as being the same as set forth in the latest adopted edition of the International Conference of Building Officials Uniform Building Code and the International Associate of Plumbing and Mechanical Officials Uniform Plumbing Code.

The terms hereinafter set forth unless otherwise specified shall have the following meanings:
(a) Agency means an administrative division or group.
(b) Applicant means any person applying for wastewater service. (c) Biochemical oxygen demand or B.O.D. means the quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in terms of mass per volume (mg/l). (d) Building sewer means that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and continuing to the point of its connection with the sewer mainline.
(e) Buy-in fee means a fee required of all sewer connections identified as being outside of an established sewer assessment district.
(f) City means the City of Twentynine Palms.
(g) City Manager means the City Manager of the City of Twentynine Palms and includes the duly designated representative of the City Manager.
(h) Code means the City Municipal Code.
(i) Commercial means any discharger not covered by the residential description. This shall include, in part, apartments, trailer parks, schools, stores and businesses and others not covered by the residential description.

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(j) Connection fee means a fee imposed by the City for connecting directly to a City public sewer. (k) Contractor means any person who performs the work of installing or connecting mains, submains, laterals, or building sewers to the public sewer. (l) Cost means the cost of labor, material, transportation, supervision, engineering, and all other necessary overhead expenses.
(m) County means the County of San Bernardino.
(n) Critical wastewater discharger means any collection system non-residential discharger that generates either a significant amount of flow and/or constituents of the flow that require pretreatment to meet the requirements of the State and Federal Clean Water Acts. (o) Customer means any person supplied or entitled to be supplied with wastewater service by the City.
(p) Developer means any person who shall construct or develop any property which may require wastewater service from the City.
(q) Development means parcels of land on which one or more dwelling units, commercial or industrial buildings, or other improvements are built.
(r) Development impact fee means a fee to incrementally pay for future construction of public sewer in the City.
(s) Discharger means any person that discharges or causes a discharge of wastewater directly or indirectly to a public or private sewer.
(t) Domestic wastewater means liquid wastes: A) from the non-commercial preparation, cooking and handling of food; or B) containing human excrement and similar matter and from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions. (u) Effluent means wastewater discharged flows from the City for treatment. (v) Fats, oils, and grease (FOG) means any vegetable or animal product that is used in or is a byproduct of the cooking of food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. (w) Fee schedule means the schedule of fees, rates, and charges established by the City or other agency related to wastewater services, including but not limited to sewer user charges, consumption charges, connection fees, development impact fees, buy-in or capacity fees, plan checking fees, and inspection fees.
(x) Food Service Establishment means any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided. (y) Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food. (z) Industrial pre-treatment permit means a permit issued by the City for industrial wastewater discharges.
(aa) Main means gravity and pressurized (force-main) sewer collection and transmission pipelines located in streets, highways, alleys, easements or rights-of-way which are used for collection and transmission of wastewater.
(bb) Manhole means a hole, usually with a cover, through which a person may enter a sewer or confined space.
(cc) Mass emission rate means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. (dd) May means that the related conduct or procedure is permissive and not mandatory.

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(ee) Milligrams per liter or mg/l means the number of milligrams of a substance in one liter of water or other liquid.
(ff) Owner means the person or persons whose name(s) are recorded on the deed for a given property, and/or person in legal possession of the property, or an executor, administrator, guardian, or trustee of the owner.
(gg) Onsite wastewater treatment system(s) (OWTS) means individual treatment and disposal systems, community collection, treatment and disposal systems, and alternative collection, treatment and disposal systems that use subsurface disposal. OWTS do not include “gray water” systems pursuant to Health and Safety Code Section 17922.12 (hh) Permit means any written authorization required pursuant to this Chapter or any other regulation of the City.
(ii) Person means any individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a district and any political subdivision, governmental agency and mandatory thereof. (jj) Plumbing fixture unit (PFU) means the plumbing fixtures as identified in the California Plumbing Code, latest edition.
(kk) Pollutant means any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the City or by a regulatory body of competent jurisdiction. (ll) Pretreatment means the treatment that the City may require prior to permitting discharge of sewerage into any City sewerage facility.
(mm) Public agency means the City or other public body duly organized under the laws of the State of California.
(nn) Public sewer means a sewer owned and operated by the City or other local governmental agency, and as to which the City possesses direct or indirect regulatory powers. (oo) Regulatory agency means the State Department of Health Services, a California Regional Water Quality Control Board of competent jurisdiction, the State Water Quality Control Board, the County Environmental Health Services Department and the City Building and Safety Official. (pp) Sewage means wastewater.
(qq) Sewer (sewage) facilities or wastewater facilities means any facilities used in the conveyance, pumping, disposal and treatment of wastewater.
(rr) Sewer lateral means the pipe that connects a structure to the publicly-owned main sewer line. (ss) Shall means that the related conduct or procedure is mandatory and not permissive. (tt) Standard methods means procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation. (uu) Storm water means rain water, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water.
(vv) Street means any public highway, road, street, drive, avenue, alleyway, court, easement or right-of-way.
(ww) User means any person who discharges, causes, or permits a discharge directly or indirectly to a City sewer.
(xx) Waste means sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.

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(yy) Wastewater means waste and water, whether treated or untreated, discharged into or permitted to enter a City sewer, or private system.
(zz) Wastewater constituents and characteristics means the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.

15.10.030 - Standards for quality and testing
A. It shall be unlawful for any person to place, deposit, or permit to be deposited or placed, in any unsanitary manner on public or private property within the boundaries of the City any human or animal excrement, garbage, or objectionable waste.

B. It shall be unlawful to discharge to any manhole or system outlet within the City except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.

C. Except as hereinafter provided, it is unlawful to construct any septic tank, seepage pit, leach line, or other facility intended or used for the disposal of wastewater within any existing City sewered area.

15.10.040 - Connection to public sewer required
A. All new residential, commercial, industrial and institutional projects are required to connect to the public sewer if the property is located within 200 ft. of a public sewer, when measured from property line to existing sewer location.

B. Existing buildings and facilities connected to private sewage disposal systems and located within 200 ft. of a public sewer, when measured from property line to existing sewer location, are required to connect to the public sewer when:

1. There is a failure, either biological or structural, of the private sewage disposal system.

2. Additions, alterations, or modifications adding plumbing fixtures to the building or facilities that would exceed the capacity of the private sewage disposal system.

C. The City may require connection to the public sewer when information is available that private sewage disposal is causing or may cause deterioration of the quality of the groundwater in all or any portion of the City.

15.10.050 - Maintenance of sewer laterals
The owner of any property connecting to the local sewer collection system shall be required to maintain the sewer lateral from their building or structure to the sewer main at their own expense. The City's responsibility shall be limited to maintenance of main sewers and manholes. The City does not maintain privately owned sewer laterals.

15.10.060 - Onsite wastewater treatment system (OWTS)
A. When connection to the public sewer is not required, an OWTS may be installed in conformance with the State Water Resources Control Board Onsite Wastewater Treatment System Policy and the City of Twentynine Palms requirements. The provisions of the State Water Resources Control Board Onsite Wastewater Treatment System Policy, as amended, are incorporated herein by reference with the same force and effect as if the provisions therein were specifically and fully set out herein.

1. Permits for construction and sizing requirements shall be established by the State Water Resources Control Board OWTS Policy and the City using requirements from the California Plumbing Code/Building Code.

2. The Owner of OWTS shall be responsible for the cost and processing of all necessary approvals and permits with the State Water Resources Control Board.

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3. Private OWTS shall be operated and maintained in a sanitary manner at all times, in accordance with State Water Resources Control Board requirements, and at no expense to the City. The property owner is responsible for all maintenance and expenses of their OWTS.

B. If a biological failure of a private OWTS occurs after a public sewer has become available to the property served by such system, the property shall be immediately connected to the public sewer. A biological failure is defined as collapse or saturation of the leach field, seepage pit or cesspool, or biological failure of the tank itself, or any combination of such conditions. The property owner is responsible for obtaining and paying for all permits associated with the sewer connection in advance of such connection.

Prior to connection to the public sewer the following shall be completed and inspected by the City's Building and Safety Department:

1. Concrete and/or steel tanks and seepage pit(s) shall be pumped of all liquids and solids and the pump ticket shall be provided to the City.

2. The bottom of all tanks shall be broken and inspected by the City.

3. The lids for the tanks and seepage pit(s) shall be removed.

4. All tanks and seepage pit(s) shall be filled with material approved by the City.

5. When a building or structure is proposed to be placed within the required setbacks of a private sewage disposal system, as defined in the California Plumbing Code, the septic tank and/or seepage pit shall be removed entirely.

15.10.070 - Wastewater discharge regulations
A. The wastewater discharged to the public sewer shall meet applicable regulations prescribed and adopted by the City. Said regulations are adopted by reference and made a part of this Chapter.

B. No person shall discharge wastewater directly or indirectly into sewage facilities owned or operated by the City which cause or are capable of causing either alone or by interaction with other substances, the following:

1. A fire or explosion;

2. Obstruction of flow in the sewer system or damage to the sewage facilities;

3. Interference with effective maintenance or operation of the sewage system;

4. Air pollution by the release of toxic or malodorous gases or gas-producing substances;

5. Interference with the wastewater treatment process;

6. Unsuitability of the City's effluent or any other product of the treatment process;

7. Discoloration or any other condition of the quality of the City's treatment works effluent to such an extent that receiving water quality requirements established by regulatory agencies cannot be met; or

8. Conditions at or near sewage facilities which violate any statute or any regulation or ordinance of any public agency or State or Federal regulatory body of competent jurisdiction.

C. Discharging of storm water into the sanitary sewer system or sewage into any storm water system is unlawful.

D. Permission to discharge any substance except domestic sewage into the sanitary wastewater system of the City will be considered in accordance with the conditions of each case and shall be subject to City rules, regulations and requirements. Approval or permission may require the owner to provide, at the owner's expense, such preliminary treatment as may be necessary to reduce objectionable characteristics and constituents in wastewater as may be appropriate to satisfy the requirements specified in the regulations of the City. Plans, specifications, and other information relating to proposed preliminary treatment facilities shall be submitted to the City for approval of the

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City Engineer and Public Works Manager. Construction of such facilities shall not commence until said required facilities are provided for proper treatment of any waters or wastes and they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

E. For critical wastewater dischargers, as defined in Section 15.01.020, the City may require installation of special flow monitoring components, including weir plates and sampling manholes, which shall become property of the City. Depending on the type of discharger, the City may require monitoring and sampling test information/results on a periodic basis, and/or may conduct its own sampling. Any sampling manhole shall be accessible and safely located and shall be constructed in accordance with plans approved by the Public Works Manager. The special flow monitoring components shall be installed at the owner's expense and shall be maintained by owner at all times so as to be safe and accessible.

F. No statement contained in this Division shall be construed as preventing special agreement or arrangement between the City and any person whereby any industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by discharger.

G. Connection of swimming pools and swimming pool equipment to sanitary sewers shall not be permitted and the discharge of swimming pool effluent to a City sewerage facility is prohibited.

H. Grease, oil, and/or sand trap interceptors shall be required, at the owner's expense, in all facilities which discharge liquid wastes containing grease, flammable wastes, sand and/or other wastes containing harmful ingredients in accordance with the Uniform Plumbing Code. All interceptors shall be to type, and capacity approved by the Building Official and shall be installed and located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials, capable of withstanding abrupt and extreme changes in temperature.

Required interceptors and traps shall be of substantial construction, watertight, and equipped with easily removable covers, and shall be effectively trapped and vented. All grease, oil, and sand interceptors shall be maintained at the owner's expense, in continuously efficient operation at all times. All construction shall conform with City standards. The facilities required to use the aforementioned interceptors are, but are not limited to, food service establishments, gas stations, car washes, automotive mechanics, and paint shops, and shall be permitted in accordance with Section

15.01.160.

15.10.080 - Sewer connection approval and design
A. Authorization to construct or install sewers or make connection to the City sewer system must be obtained from the City in advance. Application for such authorization shall be made at the office of the City. All construction shall comply with the City's development standards and details, and City's Wastewater Master Plan.

B. Sewer line extensions may be made within the City in those instances when service is required but no wastewater facilities currently exist or are available and adequate capacity exists to allow such connection. In this instance, the total construction cost plus all fees and charges as may be applicable must be borne solely by the applicant. The length of said sewer extension will vary, but as a general rule the sewer shall be installed to the furthest property line of the property to be served.

C. Wastewater facilities may be required to be oversized and/or construction extended beyond that required to serve the applicant but is needed to comply with the City's master plan. Per such situation, consideration may be given to reimburse excess costs as determined by the City in accordance with Section 15.01.110.

D. Plans, profiles and specifications shall be prepared by a civil engineer licensed by the State of California, at the expense of the applicant and such plans shall be subject to approval by the City.

E. The owner, developer, or contractor shall pay all necessary plan check and inspection fees in advance of construction. The City shall also charge the applicant all related administrative and engineering fees incurred by the City.

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F. The applicant shall call for his/her own bids and let his/her own contracts. The applicant shall not, however, award any such contracts until after receiving written approval of the plans and specifications from the City.

G. The owner of a property and/or business unit where additional plumbing fixtures were installed but did not obtain a sewer permit shall be responsible for obtaining a permit and paying the current permit fees due at the time the violation was discovered along with any subsequent and delinquent sewer use charges.

15.10.090 - Construction of sewers
A. Any person proposing to construct and/or install sewers within the City for connection to the City's wastewater system shall be appropriately licensed by the State of California to perform said work. All contractors, before performing such work, shall first file with the City a policy or certificate of insurance with an endorsement naming the City as additional insured with coverages as determine by the City.

All policies to remain in effect for the entire duration of any work performed.

1. Workman's Compensation Insurance as required by applicable State of California law for all employees to be engaged in construction or installation of the projects.

2. The contractor shall be duly licensed by the State of California with a Class "A" General Engineering Contractor or Class "C42" Sanitary Sewer Contractor.

3. Contractor shall obtain a City of Twentynine Palms business license and City encroachment permit.

4. Contractor shall provide a valid Cal OSHA annual excavation permit.

5. Prior to the City's issuance of a permit, the contractor shall provide evidence of all required certificates of insurance and performance bonds as established by the City.

6. No excavation for sewers shall be made in any street within the City until an excavation permit has been obtained from the City's Engineering Department. Any and all permits required by local agencies shall be obtained by the owner or contractor and any fees therefore shall be paid by the owner or contractor.

B. Responsibility for defects.

1. All persons performing work which is governed by the provisions of this Chapter shall be held strictly responsible for any and all acts and omissions of agents, subcontractors, and employees in connection with said work. Said persons, upon being notified in writing by the City of any defects arising from construction or of any violation of the provision of this Chapter, shall take immediate steps to correct such defect or violation.

2. In the event any construction, when inspected by the City, is found to be in violation of the provision of this Chapter, the contractor shall take such steps as may be necessary to place the construction in compliance herewith.

C. In all buildings in which the plumbing system is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building sewer shall be lifted by artificial means (pump station) and discharged to the public sewer at the expense of the owner.

15.10.100 - Construction of lateral sewers
A. Application for lateral sewers and the required clean-out to be constructed shall be made at the office of the City by the property owner or his agent.

B. Whenever possible, lateral sewers and the clean-outs will be terminated at the property line at a location chosen by the owner or his/her agent. If this cannot be accomplished, the City shall establish the termination point of the lateral sewer.

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C. Lateral sewers (minimum four inch size for single-family residential, minimum six inch required for multi-family, commercial), must be constructed to serve each building in a development. A clean-out shall be installed on each lateral at the property line to accommodate testing and future cleaning operations. The cost of the lateral connection, including clean-out, shall be borne by developer or property owner. Building sewer laterals shall not be connected to City sewers until permits for connection have been issued by the City.

D. All excavations for a lateral sewer installation shall be adequately guarded with barricades and/or lights to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the City and any other person having jurisdiction at the sole expense of the person responsible for such installation.

15.10.110 - Reimbursement and Payback Agreements
A. Oversized Sewers. The City may reimburse a developer for installing oversized sewers which upon completion, contain excess capacity above those required for the developer's project or subdivision, provided the City has sufficient funds available in the City's budget or by mutually agreed contract.

City standards require a minimum of eight-inch sewers, of which no reimbursement for excess capacity will be considered by the City.

B. Sewer Extensions. The City may enter into a Payback Agreement for those persons who install sewer lines that may serve other properties other than their own. Under such agreements, the City may agree to refund up to 95% of the sewer cost (excepting therefrom the cost of that portion of the sewer having a direct benefit to the applicant's/developer's project) to be collected from property owners or developers of properties adjacent to and which connect to said sewer line extension for a period of time up to but not exceeding ten years from the effective date of the agreement.

C. The developer may apply for reimbursement and/or Payback Agreement by complying with the following:

1. Approved sewer plans are to be submitted to the City along with detailed sewer requirements of the project and documentation of excess capacity eligible for reimbursement or properties eligible for future connection in advance of construction; and

2. Entering into an agreement with the City setting forth the maximum amount of reimbursement or Payback, or an amount equal to an equitable percentage of the total cost necessarily incurred in constructing the main sewer, and also setting forth the terms and conditions under which reimbursement and/or Payback will be paid; and

3. Each and every reimbursement agreement and/or Payback Agreement entered into pursuant to this Chapter, and each reimbursement and/or Payback schedule established therefore shall expire and be of no further force or effect ten years from the date of approval of such agreement by the City.

15.10.120 - Liability clause
A. All developers, contractors, plumbers, and other person or organization installing, constructing, maintaining, repairing or otherwise working on private sewer or disposal systems or on or in conjunction with the City's system shall indemnify and hold harmless, the City, its officers, employees, and agents, and hold and save harmless from and defend against any and all actions or causes of action, claims, demands, liabilities, losses, damage or expense of whatever kind or nature, except as otherwise provided for in this Chapter, including attorney's fees, which the City, its officers, employees, or agents may at any time sustain or incur by reason of or as a consequence of, or arising out of or from the actions, or failure to act, of said indemnifying party.

B. The City does not, by acceptance of any sewer facilities, accept or assume any liabilities in behalf of any third party unless specifically so accepted or assumed in writing by the City.

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15.10.130 - Rates, fees and charges
A. The City has established fees that will increase from time to time and are approved by resolution and these charges may include the following:

1. Inspection fees;

2. Plan checking fees;

3. Local and regional connection fees;

4. User fees;

5. Mass emission fees (if required);

6. Buy-in or capacity fees (if required);

7. Development impact fees (if required);

8. Annexation fees, upon application;

9. Other fees deemed appropriate by the City.

B. The sewer lateral inspection fee, to include the sewer clean-out, shall be set forth in the sewer permit application form and will provide for initial inspection and processing of permit. An additional fee shall be charged for each re-inspection.

C. The sewer line construction inspection shall be determined upon review of the project improvement plans.

D. The City's plan checking fee, in accordance with a fee schedule approved by Council, will apply under one or more of the following conditions:

1. Any person or persons desiring plan checking by the City.

2. Any new sewer system that will be deeded to the City for operation and maintenance.

3. Any new sewer system that will be constructed within existing or new road easements or utility easements, or both.

4. Plan checking fees shall be paid to the City prior to checking of the plans by the City.

E. City connection charges will be required for all new connections to the City's sewer system.

Connection charges are also applicable to certain existing developed properties or facilities whereby the use of the sewer has been increased by additions to previously developed properties whereby the fixture unit load has exceeded the original fixture count.

A connection fee per plumbing fixture unit (P.F.U.) has been established per City ordinances or resolutions as amended and by per fixture unit using the assigned factors as adopted and in effect when the connection fee is to be paid. This portion of the connection fee will be collected to meet future treatment and conveyance capacity needs.

F. Sewer user fees will be established by the City Council and measured on the basis of each unit designed for single-family, multiple-family, or mobile home dwelling use, and each commercial shop or office with individual restroom facilities. Sewer user fees for commercial and industrial connections to the sewer system with public and/or centralized sewer use facilities will be assessed on the basis of plumbing fixture unit count. Sewer user fees for schools will be assessed on the basis of student enrollment and staff count. Said sewer user fees defray the treatment plant operation and maintenance expenses and sewer system maintenance and operation expense. This fee shall be the monthly rate set by the action of the City Council. The sewer user charge will be payable to the City on a schedule as determined by the City.

G. Buy-in or capacity fees are required of all sewer connections outside of an established Sewer Assessment District. These fees apply to new construction as well as to tenant improvements,

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additions, etc. These fees are for properties that have not previously paid or contributed in off-site improvements (for example, fees levied by a sewer assessment district).

H. Development impact fees (DIF) are required in those areas located outside an established sewer assessment district, but within the boundaries of previously master planned for sewer areas. This fee shall apply where a new home is being constructed in a previously master planned sewer area where the property is currently served by a septic system. These fees are intended to fund future trunk sewer extensions of the City's sewer collection system.

I. Administration and overhead (application) fees will be set periodically by the City Council. The amount will be calculated on the basis of a sum per lineal foot of total pipeline and lateral length for the project. Said sum will be based substantially on the City's cost and expenses.

J. Unless otherwise provided, payment of fees and charges described in this section shall be due before a final inspection can be performed by the City, excepting that:

1. Development impact fees are due at sewer permit issuance.

2. Commercial tenant improvements or additions of any kind that propose an increase to the plumbing fixtures shall pay all fees at sewer permit issuance.

3. Any existing building, previously served by a septic system, requiring connection to the City sewer shall pay all required fees at sewer connection permit issuance.

4. For fees associated with sewer extensions, the City may set fees at each stage namely, initial planning, detailed design and construction and associated inspection fees before work can begin. The fee at each stage shall be paid in full to the City prior to work being performed.

K. For reimbursement of eligible sewer costs as provided in Section 15.01.110 of this Chapter, the City may establish a reimbursement schedule which sets forth connection charges for future users, all or part of which is to be reimbursed to the initial developer or property owner. Such reimbursement method may take into consideration inflation and interest charges.

L. The City Council will review fees and charges periodically and amend them as appropriate.

15.10.140 – Assessment Districts
A. In specific areas of the City, where the majority of property owners desire sewer service, or in those instances wherein the health and welfare of the community is felt to be jeopardized by deteriorating or failing septic systems, the City Council may consider a Sewer Assessment District.

Upon receipt of the Engineering and Bond Counsel data required by law for said improvement project, the City will review the design, engineering, construction, and administrative costs to determine the cost/benefit ratio of the project. If found to be satisfactory, the Council may elect to proceed with the required Assessment District proceedings according to all applicable laws governing such Assessment District formation.

15.10.150 - Inspections and monitoring
A. City officials bearing proper credentials and identification shall be permitted to enter all properties which are required to maintain industrial pretreatment facilities for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the City's sewerage facilities in accordance with the provisions of this section.

B. City officials are authorized to obtain information from users concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. All information and data on a user shall be available to the public and government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods which are validly classifiable as trade secrets.

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C. While performing the necessary work on private properties referred to in this section, City employees and representatives shall observe all safety rules applicable to the premises established by the user.

D. City officials bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspections, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement.

15.10.160 - Fats, oils, and grease (FOG)
A. The City is required to reduce or eliminate the adverse effects of fats, oils, and grease (FOG) on the wastewater collection system and thereby protect public health and the environment by minimizing public exposure to unsanitary conditions. The City shall regulate the direct and indirect discharge of fats, oil, and grease into the city's wastewater collection system in compliance with all applicable laws.

B. Permit Required. Any food service establishment (FSE) discharging into the public sewer shall obtain a permit from the city which shall be referred to as a FOG discharge permit (hereafter, permit).

The permit may include conditions to pre-treat wastewater prior to discharge, restrict peak flow of discharges, prohibit certain wastewater components, restrict discharges to specific hours of the day, pay additional fees to defray city costs caused by the discharge, or other conditions necessary to meet the purpose and intent of this chapter. No person shall discharge wastewater in excess of the quantity and quality limitations set by the permit.

C. Permit Application. Persons seeking a permit shall complete and file with the city an application in the form prescribed by the city and submit the applicable fees as adopted by city council resolution.

The applicant shall submit the following information:

1. Name, address, and phone number of applicant

2. Name, address, and phone number of property owner

3. Volume of wastewater to be discharged

4. Time of daily food preparation operations

5. Description of food preparation, type and number of meals served, cleanup procedures, dining room capacity, size of kitchen, and number of employees

6. Other information required by the city
The City shall review the application within five business days and may require additional information and an on-site inspection of the waste discharge system. Once the city has determined that the application is complete, it shall issue a conditional permit or deny the permit application, stating the reason(s) for the denial. Denial of a permit shall be without prejudice.

D. Term of Permit. A permit issued under this chapter shall be valid for one year. The terms and conditions of the permit may be subject to modification by the city should the conditions of the permit change, if any change in city, state, or federal law necessitates a change, or if it is found that the purpose and intent of the permit are not being met.

E. Transfer. Permits are issued for a specific use and operation. Any change occurring to the use or operation shall require a new or revised permit.

F. Revocation of Permit. The city may revoke the permit for any business found to be in violation of this section or if any of the following occur:

1. Failure to comply with the conditions of the permit

2. Failure to install required pre-treatment devices

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3. Failure to comply with reporting or pre-treatment requirements

4. Knowingly provides false discharge information, either on the permit, or in required reports

5. Refusal by permittee to allow an inspection during regular business hours or after hours if an emergency condition exists

6. Interferes with an inspection or the sampling of discharge

7. Causes or contributes to a sewer blockage or overflow within the public sewer or fails to address the conditions leading to one or more overflow event(s) from a private system in a twenty-fourmonth period G. Fees. Fees for permits and other services necessary to enforce this section shall be established by resolution of the city council.

H. Maintenance Reports. The permittee shall maintain records on the premises, of all grease interceptor cleaning, maintenance of the grease interceptor, and service manifests for removal of the waste. The permittee shall make all maintenance reports available to the city during inspections during regular business hours. City representatives may enter the premises at any time to respond to an emergency related to sewer spill due to grease collection.

15.10.170 - Enforcement
The City Manager and other designated City officials shall have the primary responsibility for the enforcement of this Chapter. The City may, at its option, elect to enforce the provisions of this Chapter under any of the methods of enforcement available to it, including criminal prosecution, abatement of nuisances, civil remedies, or any other legal or equitable appropriate means. The City may elect to enforce the Chapter provisions by more than one method concurrently.

15.10.180 - Penalties.

Any person who willfully commits any of the acts prohibited by this Chapter or violates any other prohibition in this Chapter is guilty of a violation of this Chapter, punishable in accordance with Chapter

1.04 of the City of Twentynine Palms Municipal Code.

Violations of this Chapter shall be considered a public nuisance and are subject to the provisions established in Chapter 1.04 of the City of Twentynine Palms Municipal Code.

15.10.190 - Notice of adoption
The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Chapter and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Government Code § 36933.

15.10.200 - Effective date
This Chapter shall become effective 30 days after the date of its adoption.

15.10.210 - Severability
If any provision of this Chapter, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Chapter are declared to be severable.

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STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Nov 14 2023
SUBJECT: Award a Construction Services Contract to Courtmaster Sports, Inc.

RECOMMENDATION:

The City Council approve and award a construction services contract to Courtmaster Sports, Inc. for repair and resurfacing of the basketball courts within Luckie Park utilizing 2023/2024 CDBG program funds.

ORDER OF PROCEDURE:

Request Staff Report (Recreation Division Manager
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call The Question
ATTACHMENTS:
• RFP Court Resurfacing
Project-1
• RFP Submission
• ATP-RFP to Award TPAL
Luckie Pk 0285 Signed
• Luckie Park bid 10.2.23-1
BACKGROUND:

At the February 15, 2023 City Council meeting, the City Council approved the 2023/24 CDBG (Community Development Block Grant) funding prioritization for repair and resurface of the existing basketball courts within Luckie Park.

Requests for proposals for this project were advertised on bidnet.com, 29palms.org, and emailed to professional companies within the field.

The RFP's (requests for proposals) were publicized on September 18, 2023. The acceptance of proposals began on October 2,2023 and the proposal acceptance deadline was set for October 23, 2023.

One proposal was submitted by Courtmaster Sports, Inc. in the amount of $74,500.00 to repair and resurface the three (3) courts within Luckie Park.

If the construction services contract is awarded by the City Council, the County of San Bernardino will provide the City with two documents signed by the Board of Supervisors. Attachment A- project request to initiate activity form AND Attachment B-project activity description form. These forms must be received prior to the City signing a contract to begin construction services. Page 45 of 141 ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council may choose not to accept the single RFP that was submitted and re-advertise, delaying the project start and completion date.

FISCAL IMPACT:

The City has been allocated $160,078.00 for the CDBG 2023/24 program year. The City will be reimbursed for project expenditures.

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REQUEST FOR PROPOSAL

TO PROVIDE

CONSTRUCTION SERVICES
FOR

COURT RESURFACING PROJECT

FOR THE

CITY OF TWENTYNINE PALMS
Parks & Recreation Department
6136 Adobe Rd
Twentynine Palms, CA 92277
www.ci.twentynine-palms.ca.us
Telephone: (760) 367-6799

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REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

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I. INVITATION
The City of Twentynine Palms (City) is requesting proposals from qualified contractors (Contractor) to provide resurfacing and striping services at three basketball courts located at Luckie Park. Delivery of the materials and sitework will be the responsibility of the Contractor.

Interested contractors are welcome to visit the site prior to submitting a proposal. There will not be a formal job walk.

II. SCOPE OF SERVICES
The general scope of services set forth in this Request for Proposal (RFP) represents an outline of the services which the City anticipates the selected Contractor to perform and is presented for the primary purpose of allowing the City to compare qualifications.

While it is believed that the project requirements set forth in this RFP are in a logical sequence and include all elements essential for a comprehensive project evaluation, improvement plan and services, Contractors are advised to include any subject or procedure they believe may have been overlooked. They may also note any required items they believe have been overlooked. They may also note required items they believe to be excessive or extraneous. The cost of such items to be added or deleted should be separately noted in the proposal.

Similarly, any additional costs that must be expended to make the project complete shall be identified and listed separately in the Proposal. The contract will be awarded based on Contractor qualifications determined to be the most advantageous to the City. The City of Twentynine Palms reserves the right to accept, reject, and evaluate all Proposals, and to change the scope of this RFP. All submissions become the property of the City. The City will not be liable for nor pay any costs incurred by the Contractor in preparation of a response to this RFP or any other costs involved including travel.

General -All work shall conform to the project plans, and as directed by the Recreation Division Manager. The work described in this RFP shall consist of furnishing all materials, labor, tools, equipment, including nets, posts, hardware and incidentals necessary to make repairs and conversions to the courts indicated. Work shall be in compliance with the specifications stated in Exhibit A.

The selected contractor will be responsible for the following:

Location #1 – Recreation Office (74362 Joe Davis Drive) Repair, patch, resurface and restripe one concrete Basketball Court measuring 50’X 96’.

Location #2 – (Corner of Joe Davis & Utah Trail) West Court #1; Removal of two metal frame basketball posts, repair, patch, resurface, convert and re-stripe one full size 60’ X 120’ concrete basketball court into; (one) full size tennis court and (four) pickle ball courts. The completed area shall comply with USA Pickleball and Tennis standards.

Location #3 - (Corner of Joe Davis & Utah Trail) East Court #2; Repair, patch, resurface and re-stripe one concrete Basketball Court measuring 60’ X 120’.

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REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

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The selected Contractor shall be responsible for all removals, hauling of debris, and installation of the new equipment per the manufacturer's specifications. Once complete, the site will be left clean of any and all debris and accessible with a smooth surface all around.

III. RFP PROCESS AND KEY DATES
Proposals will be reviewed by the City’s selection committee. The review of submittals will be based on, but shall not be limited to, the following minimum criteria:
i. Each proposal will be reviewed for completeness, responsiveness, and adequacy of documentation.
ii. The firm’s understanding of the scope of services and approach to providing service or services.
iii. The qualifications and relevant experience of the management firm, and their experience with similar projects.

KEY DATES: (Schedule is subject to change)
Deadline for Request for Clarification/Information 10/4/2023 Deadline for submittal 10/23/2023
Recommendation to City Council & Award 11/14/2023
IV. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein.

Any material departure constituting sufficient cause for rejection of the Proposal shall be at the City’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the Contractor. All submittals received shall become the property of the City of Twentynine Palms and will not be returned. Faxed or emailed submittals will not be accepted.

Contractors shall provide five (5) physical copies or an electronic (PDF) copy via email of their proposal by the submittal deadline. Electronic copies can be emailed to [email protected]. Hard copy proposals shall be delivered no later than the submittal deadline to:

City of Twentynine Palms
Parks and Recreation Department
6136 Adobe Rd
Twentynine Palms, CA 92277

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REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 4 of 10 ends

If the Contractor is in doubt as to the meaning of any part of this RFP or finds discrepancies or omissions, the Contractor shall submit to the City a written request for information or clarification prior to 10/04/2023, at 1:00 PM. All questions regarding this RFP must be submitted in writing to the attention of Kary Minatrea, either in hard copy or via email at:
[email protected]. No information will be provided in person or over the phone.

Contractors are prohibited from contacting members of the City Council or staff regarding this submittal. Failure to adhere to this provision shall be cause for disqualification from this process.

It is the Contractor's responsibility alone to ensure that the Proposal is received by the City prior to the hour and date noted in this RFP. Any submittals received after that hour and date shall be returned unopened.

V. FORMAT
Unnecessarily elaborate or glossy Proposals are neither expected nor desired. The emphasis of the Proposal should be on responding to the requirements set forth in this RFP.

To facilitate the review and evaluation of the Proposals, the prospective contractor shall organize their submission using the following outline format:

1. Experience
The Contractor shall include in its Proposal, at a minimum, the following information presented in a clear and concise format, to demonstrate their competence and professional qualifications for the satisfactory performance of the services outlined in the “Scope of Services” [Section II] of this RFP.
• A list of recent projects which the Contractor has performed of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.
• A brief description of the Project Team including the Contractor's principals, project manager, employees, agents, and subcontractors which the Contractor anticipates assigning to this Project. This list shall include a summary of the qualifications, licenses, and experience of each individual. Also include resumes for each key team member. The City will retain under its Agreement with the selected Contractor the right of approval of all persons performing under the Agreement.

2. Proposed Improvements and Materials
Provide the proposed equipment and surface treatments. Provide copies of any material specifications and warranty information.

3. Scope and Services
Describe in detail the firm’s understanding of the work required, including refinements of the description and tasks outlined herein which you think are appropriate. Describe how your personnel, equipment, and services will be utilized, and estimate their time involvement in various activities.

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REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 5 of 10 ends

3. Time Schedule
Provide a detailed time schedule for all project activities including fabrication and delivery.

4. Information and Services to be Provided by the City of Twentynine Palms Prepare and submit a detailed listing of all information and services to be provided by the City. If the City personnel are expected to participate in any portion of the field or office data collection, the Proposal shall contain an estimate of the number of man-hours of City personnel time that will be required to complete the task(s).

5. Compensation
The Proposal should include the estimated cost for the entire project.

6. Certificate of Insurance
Insurance coverage with a minimum aggregate coverage of $1,000,000 for Professional Errors and Omissions and General Liability will be required. A statement certifying the required insurance coverage shall be provided.

7. References
Provide references with emphasis on the completion of projects similar in scope.

VI. EVALUATION CRITERIA
Proposers will be evaluated for selection based on those most qualified to meet the requirements of this RFP. Major criteria to be considered in the evaluation of submissions may include, but shall not be limited to, the items referred to above and those set forth below.

Selection Process
• Proposed design and construction methods.
• Background and experience of the Contractor in providing similar services or materials elsewhere, including experience working with municipalities. • Responsiveness and compliance with RFP guidelines.
• Timeframe of services and delivery of materials.
• Overall project cost.

The city shall select the lowest-responsible contractor (determined solely on submitted proposal) without further evaluation. The City may also investigate qualifications of all Contractors to whom the award is contemplated and may request clarification of Proposals directly from one or more Contractors.

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REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

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Upon completion of the review period, the City shall notify the Contractor whose Proposal will be considered for further evaluation and negotiation. Selected Contractors so notified may be required to make presentations. If negotiations are not successful in reaching a Contract, the City may enter negotiations with another firm who submitted a Proposal.

VII. ADDITIONAL INFORMATION

1. Contract for Construction
The selected Contractor will be required to execute a City of Twentynine Palms Contract for Construction. A sample Agreement showing the typical requirements and content is attached for your information.

2. Business License
Prior to entering into a Contract, the selected Contractor must have a current City of Twentynine Palms Business License.

3. Protest Procedures
Any protest relating to the form or content of the RFP or Contract Documents must be submitted in writing to the City Clerk’s Office at least ten (10) business days before the original date set for the RFP opening. Any candidate who submits a Proposal without making a protest shall be deemed to have waived any objection to the form or content of the RFP or Contract Documents not previously stated in writing.

Candidates may file a protest with the City Clerk’s Office. The protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the selection of a contractor;
B. Clearly identify the specific alleged irregularity or other basis for the protest; C. Specify, in detail, the factual and legal grounds for the protest; and D. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not meet all requirements, the City may reject it without further review.

If the protest is timely and complies with all the above requirements, the City Clerk’s Office, or other designated City staff member, shall review the protest, any response from the challenged Contractor, and all other relevant information. The City will provide a written response to the protestor.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the award protest, including filing a Government Code Claim or legal proceedings.

Page 52 of 141 ends

REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 7 of 10 ends

Exhibit A
Specifications
Tennis/Basketball/Pickleball court color resurfacing.

PART ONE- GENERAL

1.01 SUMMARY
A. This work includes surface preparation and the acrylic color system applications for existing tennis court, basketball court, pickleball court, or similar athletic or play surface.

1.02 QUALITY ASSURANCE
A. Installing firm: Installer must regularly engage in construction and color acrylic surfacing. Documented experience in acrylic color system applications must be provided.

Minimum of 10 projects similar in complexity in the last 3 years.

B. Surfacing shall conform to the guidelines of the ASBA, (American Sports Builders Association), and USAPA (U.S. A. Pickleball Association) respectively.

1.03 SUBMITTALS
A. Provide manufacturer specifications for all products, color chart and installation instructions.

1.04 MATERIAL HANDLING AND STORAGE
A. Store materials in accordance with manufactures specifications and MSDS.

B. All surfacing material shall be non-flammable.

C. NO MATERIAL STORED ON SITE during the duration of the project unless fully secured with fencing.

1.05 GUARANTEE
A. Provide guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion unless otherwise stated.

PART TWO- PRODUCTS

2.01 MANUFACTURERS
A. U.S. Tennis Court Construction Company Lockport, IL 60441/ Elite Sport Coating System.

B. Approved equal product.

2.02 MATERIAL

Page 53 of 141 ends

REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 8 of 10 ends

A. Patching Mix (Elite Patch Binder)-for use in patching cracks, holes, depressions, “birdbaths” and other surface imperfections.

B. Acrylic Patch Crack Filler (Elite Acrylic Patch Crack Filler)-for use in filling cracks C. Acrylic Resurfacer (Elite Acrylic Resurfacer)- Mixed with approved silica sand and applied as a filler coat on new or existing asphalt surfaces and for pre-coating rough areas.

D. Acrylic Color Playing Surface (Elite Color Concentrate) mix with approved silica sand and applied over acrylic resurfacer or textured acrylic color.

E. Textured Line Paint (Elite Textured Line Paint)-for use as line or graphic marking on play surface.

PART THREE- EXECUTION

3.01 WEATHER LIMITATIONS
A. Do not install when rain is imminent or extremely high humidity prevents drying.

B. Do not install if surface is wet or damp.

C. Do not apply unless surface and air temperatures are 50°F and rising.

D. Do not apply if surface temperature is more than 140°F.

3.02 PREPARATION FOR ACRYLIC COLOR SYSTEM.

A. Surface shall be thoroughly cleaned of all dirt, debris, and vegetation using floor scrapers, wire brooms, and mechanical blowers.

B. Surface areas with embedded dirt, or algae growth shall be pressure washed. Entire surface washing may be required. Surfaces shall be power washed using a deck power washing unit or Hydo-Jet-Blaster, wand washing will not be accepted. Surface, fencing, and athletic equipment shall be thoroughly rinsed following surface washing.

C. Cracks with vegetation shall be treated with herbicide. Cracks shall be routed with a mechanical crack router. All loose material and old or foreign crack filler shall be completely removed.

3.03 CRACK FILLING
A. Cracks shall be filled from bottom to top with acrylic patch crack filler. Special care shall be taken to assure all void space is filled. Multiple applications will be required to level crack filler with adjacent surface.

B. Sand and pre-coat as needed to assure repairs are not visible following acrylic surface applications.

C. Strictly follow manufactures mixture guidelines and moisture limitations.

3.04 COURT DEPRESSIONS “BIRDBATHS”

Page 54 of 141 ends

REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 9 of 10 ends

A. Testing: Surface shall be flooded with water by rain or manually with clean water.

Surface shall be allowed to drain for 45-60 minutes in sunlight at 70°F. Remaining depressions holding enough water to cover a five cent piece (American Nickel) shall be marked.

B. Apply acrylic patch binder mix to depressions and strike off with a straight edge.

Before the product begins to dry, feather edges using a trowel, putty knife, or similar method.

C. Repeat testing and acrylic patch binder applications as needed to eliminate or reduce depressions to within tolerance.

D. Sand and pre-coat as needed to assure repairs are not visible following acrylic surface applications.

E. Strictly follow manufactures mixture guidelines and weather limitations.

3.04 ACRYLIC FILLER COAT(S) (RESURFACER)
A. One (1) coat of properly textured acrylic resurfacer shall be applied to entire surface.

Special care shall be taken to keep a wet edge and remain consistent.

B. When surface is completely dry, surface shall be inspected for, ridges, bumps, and debris. Any inconsistencies shall be corrected prior to color coat applications.

C. New asphalt, asphalt patches, surfaces with cavities due to asphalt impurities, and surfaces with extensive patching or reflective crack repair systems, will require a second (2nd) application of textured acrylic resurfacer.

D. Strictly follow manufactures mixture guidelines and weather limitations.

3.05 ACRYLIC COLOR PLAYING SURFACE
A. Complete a thorough inspection, remove any bumps or ridges in resurfacer coats, and clean surface of all loose dirt, leaves, or other debris.

B. If the surface is to receive multiple colors, apply chalk lines to distinguish the court area from the perimeter area. Follow USTA & USAPA guidelines for court dimensions.

C. Colors and their placement shall be determined by the owner. Colors and the placement of the colors shall be verified by the owner prior color applications.

D. Textured acrylic color surface shall be applied in two (2) applications with a 50 durometer rubber squeegee. No application should be made until the previous application is thoroughly dry.

E. Strictly follow manufactures guidelines and weather limitations.

3.06 LINE PAINTING
A. Lines shall be carefully laid out in accordance with the ASBA or USAPA guidelines.

Page 55 of 141 ends

REQUEST FOR PROPOSAL: COURT RESURFACING PROJECT

Page 10 of 10 ends

B. Masking tape shall be applied and rolled to result in a two inch (2”) wide width unless otherwise stated.

C. Masked lines shall be primed with acrylic line primer to seal the void between the textured surface and masking tape edge.

D. One (1) coat of textured white line paint shall be applied by brush or roller. NO SPRAY APPLICATIONS PERMITTED.

3.07 PROTECTION
A. Erect temporary barriers to protect coatings during drying and curing.

B. Lock gates to prevent use until acceptance by the owner.

3.08 CLEAN UP
A. Site shall be cleared of all construction debris, all waste shall be disposed of offsite in accordance with local, state and federal regulations.

B. Remove all barriers and locks.

ATTACHMENTS:

The project will be subject to Federal and State Prevailing Wage Requirements.

1. Notice to Bidders Section 3 Clause (Required for contracts containing CDBG funding)

2. Attachment D- Construction Contract Labor Compliance Provisions

Page 56 of 141 ends

2024-01 - Court ResurfacingProject
Notice
Basic Information
Reference Number
Issuing Organization
Owner Organization
0000330365
City of Twentynine Palms
Project Type RFP - Request for Proposal (Formal)
ProiectNumber 2024—01
Title Court Resurfacing Project
Source ID PU.AG.USA.2499006.C14938376
Piggyback Solicitation No
Details
Location San Bernardino County, California
Description The City of Twenfynine Palms (City)is requesting proposals from qualified contractors (Contractor) to provide resurfacing and striping services at three basketball courts located at Luckie Park. Deliveryof the materials and sitework willbe the responsibility of the Contractor. Interested contractors are welcome to visitthe site prior to submitting a proposal. There willnot be a formal job walk.

Dates
Publication 09/18/2023 07:05 AMPDT
Question Acceptance Deadline
Questions are submitted online
Bid Intent
Closing Date
Contact Information
Kary Minatrea
760-367-7562 ext. 1027
[email protected]
Bid Submission Process
Bid Submission Type
Additional Bidding Instructions
10/04/2023 01:00 PM PDT
No
Not Available
10/23/2023 04:00 PM PDT
Physical BidSubmission
Contractors shall provide five (5) physical copies or an electronic (PDF) copy via email of their proposal by the submittal deadline. Electronic copies can be emailed to [email protected]. Hard copy proposals shall be delivered no later than the submittal deadline to:City of Twentynine Palms Parks and Recreation Department
6136 Adobe Rd
Twentynine Palms.CA 92277lf the Contractor is in doubt as to the meaning of any part of this RFP or finds discrepancies or omissions, the Contractor shall submit to the City a written request for informationor clarification prior to 10/04/2023, at 1:00 PM. Allquestions regarding this RFP must be submitted in writing to the attention of Kary Minatrea, either in hard copy or via email at: [email protected]. No information willbe provided in person or over the phone. Contractors are prohibited from contacting members of the City Council or staff regarding this submittal. Failure to adhere to this provision shall be cause for disqualification from this process. It is the Contractor's responsibility alone to ensure that the Proposal is received by the City prior to the hour and date noted in this RFP. Any submittals received after that hour and date shall be returned unopened.
09/19/2023 03:12 PM PDT Page 1 of 5 Page 57 of 141
2024-01 - Court Resurfacing Project
Documents
Additional Pricing Information
Bidders are advised that federal funds are being used for this project and that as a result, certain requirements are to be imposed. depending upon the source of the federal funds. Sources may include Community Development BlockGrant (CDBG) funds, Neighborhood Stabilization Program (NSP) funds and/or HOME investment Partnerships Program (HOME) funds. The utilizationof these federal funds on a project willrequire the payment of federal prevailing wages under the Davis-Bacon and Related Acts ("DBRA") (40 USC §3142, 40 USC§§ 276a-276a-7, 29 CFR Part 5), which willbe enforced when the contract amount for the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower tier Subcontractor(s) comply with DBRA.Also, Federal Labor Standards Provisions (HUD-4010) apply and are attached.

Documents
Document Size Uploaded Date Language
RFP Court Resurfacing Project.pdf [pdf] 511 Kb 09/15/2023 10:30 AMPDT English Notice to Bidders.pdf [pdf] 943 Kb 09/15/2023 10:30 AMPDT English Construction Contract Labor Compliance Provisions (Attachment D) 4 Mb 09/15/2023 10:30 AM PDT English Rev. 7.2023.pdf [pdf] CA20230026 Mod #9.pdf [pdf] 1 Mb 09/15/2023 10:31 AMPDT English 09/19/2023 03:12 PM PDT Page 2 of 5 Page 58 of 141
2024-01 - Court Resurfacing Project
Categories
Selected Categories
NIGP Categories (2)
91 2
91265
91235
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCEANDREPAIR SERVICES) Maintenance and Repair, Tennis/Sport Court
Maintenance and Repair, Tennis/Sport Court
Construction, Tennis/Sports Court
Construction, Tennis/Sports Court
This copy ol the NIGP Code is the property of the National Institute of Governmental Purchasing, lnc. (NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc. (the authorized sub-licensor of NlGP), and is protected under the copyright laws of the United States. it may not be copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January 2016
09/19/2023 03:12 PM PDT Page 3 of 5 Page 59 of 141
2024-01 — Coun ResurfacingProject
Courtesy Email
Sent using email addresses
[gabrielz3@}ahoo.com;gio@iegenera|.com;[email protected];[email protected];ky| [email protected];[email protected]
09/19/2023 03:12 PM PDT Page 4 of 5 Page 60 of 141
2024-01 - Court Resurfacing Project
Plan Holders List
Plan Holders List
Organization Name MainContact Download Date City Province/State AlliedSolutions Jason Collier 09/19/2023 09:12 AMPDT Carmel lndiana Construction Journal Construction Journal 09/18/2023 09:23 PM PDT Stuart Florida AllAmerican Asphalt Edward Carlson 09/18/2023 02:40 PM PDT Corona California TRUELINE JANET BANGS 09/18/2023 02:11 PM PDT Riverside California CONSTRUCTION&

SURFACING
DT Stellar General Jonathon Sedeno 09/18/2023 01:09 PM PDT wlnchester California Engineering North America Tim Loncarich 09/18/2023 08:04 AMPDT Grand Junction Colorado Procurement Council, Inc.

PBC
Jergensen Construction Todd Jergensen 09/18/2023 07:55 AM PDT Oak Hills California Inc
09/19/2023 03:12 PM PDT Page 5 of 5 Page 61 of 141
7:
560 East Hospllallly Lane Suite 200. San Bernardmo CA 9241541052 1 Phone 909 5 0 1
0600 Fax 501 909 0646
wmv.5scnumy.
gov Diane Rundles
SAN BERNARDINO Assi Executive Of?cer
stan
t C_C)U1\TTY
ation (fonlnlunity I{evitali
Carrie Hmon Community Director.

3. Housing Develop ment Marcus Dillard Homeless Ch of Services ve
f November 8. 2023
Kary Minatrea, Recreation Division Manager
City of Twentynine Palms
Parks & Recreation Department
61 36 Adobe Road
Twentynine Palms, CA 92277
RE: APPROVAL TO PROCEED TO AVVARD
Dear Ms. Minatrea:

The Department of Community Development and Housing (CDH) received your dated November 7, 2023, to award a Construction Services Contract for Twentynine Renovations to Luckie Park — Including Basketball Courts; CDH Project Number: T PA
L—
23—1 -03F/0285.

The project locations are all at Luckie Park in Twentynine Palms, CA:

Location #1 — Near Recreation Office (74362 Joe Davis Drive).

Location #2 — (Corner of Joe Davis & Utah Trail) VVest Court.

Location #3 < (Corner of Joe Davis & Utah Trail) East Court.

Based on our review, your agency is authorized to proceed with the following action re ga
rdi
ng
this project:

Award a Construction Services Contract to Courtmaster Sports, Inc. for repair and resurface (location #1) the single basketball court near the recreation office, (location #2) the West basketball court near the corner of Utah Trail & Joe Da vid
into Dr.
a tennis court with four (4) pickleball striping overlays and repair and resurface ( loca
tion
#3) the East basketball court in the amount of $74,500. Bids were received or before October 1 0, 2023. Debarred list for prime contractor and there are no subcontra ctors identi?ed in the bid working for the prime contractor. Debarred list checked 7, 2023. Bid advertisement date was September 18, 2023. Total CDBG project is $160,078. No other type of funds are included in this project.

Approval of the above action is subject to the following conditions:
— Prior to the pre—construction conference. provide this office with a completed “ Information Form", a fully completed bid package copy including all contractor cert cations, approved plans and spec cations, executed construction contract and bond certificate copies. The Labor Compliance Contract Addendum (LCCA) whic h
l<u Bu -\ In mm \‘ll~lrx—t
cum Int:xu.~.
r.,..,.». l)I\K‘|Vk
[7A\~'N l{uw :- P-\Ll Cotbk (Rm-) 1 1. 1\kluI-‘Nr>.\iu-‘Z u...... Ilnrtl 1 ....mm.. I .m D um \«‘\k)n\) X))_\lr\\l

Page 62 of 141 ends

APPROVAL TO PROCEED TO AVVARD
November 8, 2023
PAGE 2 of 2
includes a copy of the Federal Preva ing Vvage Decision (CA2023002S, 9, dated 08/18/2023) and a copy of the Federal Labor Standards Provi ions ( HU
D
4010) must be attached to the executed construction contract with the contractor.

Coordinate the pre-construction conference date, time and place with CDH. notify the Prirne Contractor and have them notify their Sub»Contractor(s) that la b
or
compliance/payroll staff must attend the pre-construction meeting.

We look forvvard to collaborating with you in successfully carrying out this important If you require further information. please contact Kelly Graham, CDH Analyst at (909) Sincerely,
/;/ BRIY/(Ii ANDERSON, Supervising CDH Analyst
BA/kg
cc: File
Labor Compliance
City Accountant

Page 63 of 141 ends

CORPORATE OFFICE
P. O. Box 580795, North Palm Springs, CA 92258
Tel: 760-251-5201 Fax: 760-251-5200
email: [email protected]

Courtmaster Sports, Inc.

Calif. Lic. #748731
Nevada Lic. #42709B
October 2, 2023

LUCKIE PARK
c/o Parks and Recreation
City of Twentynine Palms
Twentynine Palms, CA 92277
Dear Kary,
Attached please find the bid to repair and resurface (location #1) the single basketball court near the recreation office, convert (location #2) the West basketball court near the corner of Utah Trail & Joe David Dr. into a tennis court with four (4) pickleball striping overlays and repair and resurface (location #3) the East basketball court located at Luckie Park, Twentynine Palms, California.

Courtmaster appreciates the consideration that you have shown in requesting this information from us. If you should have any questions or require any additional information, please do not hesitate to contact our office.

Respectfully submitted,
Jeff Brooker
Operations Manager

Page 64 of 141 ends

CORPORATE OFFICE
P. O. Box 580795, North Palm Springs, CA 92258
Tel: 760-251-5201 Fax: 760-251-5200
email: [email protected]
Courtmaster Sports, Inc,
October 2, 2023
Luckie Park 1 of 2
FORMAL BID:

Repair and resurface (location #1) the single basketball court near the recreation office, convert (location #2) the West basketball court near the corner of Utah Trail & Joe David Dr. into a tennis court with four (4) pickleball striping overlays and repair and resurface (location #3) the East basketball court located at Luckie Park, Twentynine Palms, California.

DESCRIPTION OF WORK A: Location #1 Recreation Office (74362 Joe Davis Drive)

1. Locate and mark all blistered and loose paint.

2. Remove blistered and loose paint using the Terrazzo grinding unit on those areas of the court surface.

3. Repair all cracks and divots with acrylic and special fillers.

4. Disc-sand to all patches and repairs to a seamless edge.

5. Wash and thoroughly clean court surface.

6. Resurface court using the Laykold Color Coat System by Advanced Polymer Technology.

7. Court colors to be Dark Green and Brick Red.

8. Court speed to be medium/slow.

9. Layout and mark playing lines with Laykold White Line marking paint in accordance with NCAA Regulations.

COST:

Total cost according to preceding specifications: $10,000.00 DESCRIPTION OF WORK B: Location #2 (Corner of Joe Davis & Utah Trail) West Court #1

1. Remove the two (2) metal frame basketball posts.

2. Layout and core-drill for two (2) permanent tennis net posts with in-ground sleeves.

3. Install 1 set of Edwards classic round net posts.

4. Remove blistered and loose paint by grinding the entire court surface using the Edco Terrazzo diamond grinding unit.

5. Flood court to locate failing concrete then chip out scaling and heaving areas.

6. Patch voids and irregularities with acrylic Deep Patch Binder and inert fillers.

7. Disc-sand to all patches and repairs to a seamless edge.

8. Wash and thoroughly clean court surface.

9. Resurface court using Laykold Color Coat System by Advanced Polymer Technology.

10. Court colors to be Dark Green and Brick Red.

11. Layout and stripe court for tennis using Laykold White Line marking paint as per USTA Regulations.

12. Layout and stripe four (4) pickleball playing areas as per USAPBA Regulations. Color of pickleball lines to be determined.

13. Install one (1) tennis net with center strap.

14. Supply and set up four (4) Dominator portable pickleball nets.

COST:

Total cost according to preceding specifications: $35,700.00

Page 65 of 141 ends

CORPORATE OFFICE
P. O. Box 580795, North Palm Springs, CA 92258
Tel: 760-251-5201 Fax: 760-251-5200
email: [email protected]
Courtmaster Sports, Inc,
October 2, 2023
Luckie Park 2 of 2
DESCRIPTION OF WORK C: Location #3 (Corner of Joe Davis & Utah Trail) East Court #2

1. Remove blistered and loose paint by grinding the entire court surface using the Edco Terrazzo diamond grinding unit.

2. Flood court to locate failing concrete then chip out scaling and heaving areas.

3. Patch voids and irregularities with acrylic Deep Patch Binder and inert fillers.

4. Disc-sand to all patches and repairs to a seamless edge.

5. Wash and thoroughly clean court surface.

6. Apply special acrylic latex primer/sealer to exposed areas.

7. Resurface courts using the Laykold Color Coat System by Advanced Polymer Technology.

8. Court colors to be Dark Green and Brick Red.

9. Court speed to be medium/slow.

10. Layout and mark playing lines with Laykold White Line marking paint in accordance with NCAA Regulations.

COST:

Total cost according to preceding specifications: $28,800.00 GUARANTEE:

All labor and materials are to be supplied by COURTMASTER SPORTS, INC., and are guaranteed for a period of one (1) year under normal weather and usage conditions.

Cracks will reappear and are not covered under warranty. **ALL BIDS ARE VALID FOR 30 DAYS**

Page 66 of 141 ends

STAFF REPORT
TO: City Council
FROM: Interim City Manager
FOR MEETING: Nov 14 2023
SUBJECT: Fire Department Emergency Response Report - October 2023.

ATTACHMENTS:
• TNP Monthly Totals - Oct
2023

Page 67 of 141 ends

Incident Totals
2 3
7 2
1 14
191
1 3
12 1
1 238
Traffic Collision
Totals
Incident Type
Medical
Public Service
Structure Fire
Unknown Type Fire
Motorhome/Truck/Bus Fire
Outside Elec Incident
Unknown
Water Salvage
San Bernardino County Fire Area Incident Report
Criteria: 10/1/2023 to 10/31/2023
Division(s): South Desert
Battalion(s): 7
City(ies): Twentynine Palms
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Printed on 11/6/2023 8:11 AM Page 1 of 1 Page 68 of 141

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Nov 14 2023
SUBJECT: DCA23-000002 - Nonconforming Buildings and Uses.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for Chapter 19.142 Nonconforming Buildings and Uses ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Nonconforming
• Chapter 19.142
Nonconforming Building Lots
and Uses draft
• Planning Commission
Resolution No. 23-13
Nonconforming
BACKGROUND:

At the meeting of September 19, 2023, the Planning Commission held a Public Hearing on a Development Code Amendment for Chapter 19.142, Nonconforming Buildings and Uses.

Planning staff is proposing an amendment to Chapter 19.142 to clarify the standards for the reestablishment of legally established non-conforming buildings and uses in the event of damage or destruction and to provide language for legally established lots that do not meet the development standards of the underlying land use district.

In order to approve a Development Code Amendment, the City Council must make certain findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below and have been included in the attached Ordinance.

A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The Development Code Amendment is consistent with the following policies of the General Plan: Page 69 of 141 Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.

Goal LU-2 – Protect existing neighborhoods and the area’s natural surroundings by encouraging development that is compatible with the City’s small-town character Implementation Policy LU-2.1 – Development shall be consistent with underlying land use densities and intensities.

Goal LU-3 - Promote a high quality of life by encouraging attractive high-quality development that is compatible with existing uses and the City’s desert environment.

B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The Development Code Amendment is an amendment to Chapter 19.142 of the Development Code clarifying the regulations on nonconforming buildings, uses and lots.

C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The Amendment is to clarify the regulations on nonconforming buildings, uses and lots.

D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.

The Development Code Amendment will provide clarification on the regulations for nonconforming buildings, uses and lots to protect the health, safety and welfare of the community.

ENVIRONMENTAL:

The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

The City Council could choose to:

1. Request additional information from Staff and postpone the hearing to a date certain.

2. Make modifications to the draft code and adopt with recommended changes.

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

Page 70 of 141 ends

CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.142 NONCONFORMING

BUILDINGS AND USES OF THE CITY OF TWENTYNINE PALMS
DEVELOPMENT CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on September 06, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on September 19, 2023, the Planning Commission of the City of Twentynine Palms held a duly noticed and advertised Public Hearing on the Development Code Amendment and forwarded a recommendation to the City Council for approval; and WHEREAS, on November 01, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on November 14, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on November 14, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.142 Nonconforming Buildings and Uses of the Development Code, and WHEREAS, on November 14, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Page 71 of 141 ends

Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The Development Code Amendment is consistent with the following policies of the General Plan:

Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.