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Agenda

Twentynine Palms City Council
May 10, 2022

Document
Agenda
Meeting
May 10, 2022
Body
Twentynine Palms City Council
Pages
446
Original file
181.5 MB
Text extracted from the city's file for reading and search. Open the original on citwentynine-palmsca.civicweb.net. That file is the official record.

ii. No wood shall be cut or gathered in any park.
iii. No person shall smoke in any area prohibited for that purpose and so posted.
11) Firearms.
i. No person shall possess or carry a firearm with a cartridge in any portion of the mechanism ( except any Federal, State, County, or local law enforcement officer in the performance of his/ her official duties) within the boundaries of any park.
ii. No person shall discharge across, in, or into, any portion of any public park, a firearm, bow and arrow, or air or gas weapon, or any device capable of injuring or killing any animal, or damaging or destroying any public or private property.

11. 60. 050. RESERVATIONS AND PERMITS:
a) Applicants shall apply for the reserved use of City parks and facilities at least fourteen 14) days and no more than thirteen ( 13) months prior to any proposed event. b) Applicants shall complete and return a Facility Use Application, as provided by the Department, and submit all required diagrams, deposits, permits, contracts, and insurance documents to Department at least fourteen ( 14) days prior to the date of requested use. If approved, the Department shall issue a permit and any required conditions of use to the Applicant no less than seven ( 7) days prior to the event. c) Applicants shall notify the Department of any cancellation at least forty-eight ( 48) hours prior to the scheduled event or activity. Failure to give the required notice may result in forfeiture of the deposit in the sole discretion of the Department. d) Park Authority reserves the right to refuse to issue a permit to any Applicant who has previously not complied with the requirements and/ or regulations of this Chapter.

The grounds for the denial of the permit applied for shall be specified in writing. The decision of the Park Authority may be appealed to the City Manager within fifteen ( 15) days of the date of said decision.
e) Without the written permission of Director, no Applicant shall place signs, banners, or other such materials in or on Parks or Facilities, which signs, banners or materials shall be requested in the Facility Use Application.

11. 60. 060. ENFORCEMENT:

The Director shall have the primary responsibility for the enforcement of this Chapter.

Members of the San Bernardino County Sherriff's Department are hereby authorized to enter all public parks and facilities to maintain public order, to prevent, remedy and/ or take other appropriate action with respect to violations of the provisions of this Chapter or of other applicable laws or regulations.

11. 60. 070. PENALTIES:
a) Any person violating or causing or permitting the violation of any regulation set forth in subsections H( 6)( 7)( 9) ( 10) or ( 11) of Section 11. 60. 040 of this Chapter shall be guilty of a misdemeanor and is punishable as such in accordance with the provisions of section 11. 02. 040A of the City of Twentynine Palms Municipal Code
b) Any person who violates any other subsection or section of this Chapter shall be guilty of an infraction and is punishable as such in accordance with the provisions of section 11. 02.040B. of the City of Twentynine Palms Municipal Code

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c) Expulsion. In addition to any other penalty for violation of this Chapter, the Director or his or her designee may require the violator to immediately leave the park or facility and remain out of all City parks, and facilities for the remainder of the day on which the violation occurred.

11. 60. 080. SEVERABILITY:

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases might be declared invalid or unconstitutional.

Section 2. NOTICE OF ADOPTION. Within fifteen ( 15) days after the adoption hereof, the City Clerk shall certify to the adoption of this Ordinance and cause it to be published once in a newspaper of general circulation printed and published in the County of San Bernardino, California and circulated in the City, pursuant to Section 36933 of the Government Code.

Section 3. EFFECTIVE DATE: This Ordinance shall become effective thirty ( 30) days from and after the date of its adoption.

PASSED, APPROVED AND ADOPTED at a regular meetin. • the Ci Council of the City of Twentynine Palms, California, held on this 28th day of May, 2019. bVicas, City Clerk
APPROVED A / ! FORM:

A. Patrick Munoz,
Ste : - ain, Mayor
I hereby certify that the foregoing is a true copy of Ordinance No. 288, introduced on the 14th day of May, 2019 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 28th day of May, 2019, in Twentynine Palms, California by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER: KLINK, MINTZ, O' GILVIE, WRIGHT, BILDERAIN COUNCILMEMBER: NONE
COUNCILMEMBER: NONE
COUNCILMEMBER: NONE
a^ ci 1(a5coet)
Cindy Vill cas City Clerk

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 10 2022
SUBJECT: Equity and Social Justice Element of the General Plan RECOMMENDATION:

StaffisrecommendingtheCityCouncil appoint a Five-Person General Plan Advisory Committee (GPAC) to guide and provide input on a new Equity and Social Justice Element of the City General Plan.

ORDER OF PROCEDURE:

RequestStaffReport & Presentation(Consultant
Presenting)
Council Questions of Consultant & Staff
RequestforPublicComments
Council Discussion Motion/Second: Proceed With
GPAC Selection
DiscussionofMotion Call the Question
ATTACHMENTS:
• Twentynine Palms Equity and
Social Justice Element
Presentation
BACKGROUND:

The City has contracted with Terra Nova Planning & Research, Inc. to draft an Equity and Social Justice (ESJ) Element for the City General Plan as directed by the City Council. The current City General Plan was adopted in 2012 and at that time, what state law calls an Environmental Justice Element was not required. Since that time, legislation (Senate Bill 1000 (2016)) that became effective on January 1, 2022, now requires that cities and counties adopt such an element or components thereof. State legislation provides guidance in the development of this element, which is intended to establish the nature of existing or possible future environmental burdens, health risks, and other social and environmental inequities within the community.

An essential part of the General Plan Guideline update includes addressing the needs of two different types of communities: “disadvantaged communities” (DACs) and “disadvantaged unincorporated communities (DUCs).” Actions prescribed in the Environmental and Social Justice Element to mitigate areas of inequitable access apply to both DACs and DUCs.

Disadvantaged communities (DACs) are defined as follows:
“Disadvantaged communities mean an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure or environmental degradation.” (Gov. Code Sec. 65302(h)(4)(A) One important resource that is used in analyzing conditions and drafting the element is CalEnviroScreen 4.0, a science-based database created by CalEPA and the Office of Environmental Health (OEHHA) to identify California Page 437 of 446 communities that are most affected by pollution and especially vulnerable to the effects of pollution. It aggregates environmental, health, and socioeconomic data to generate a numeric score for each census tract in the State.

Higher scores indicate higher pollution burden and population vulnerability. Census tracts with scores of 75% or higher are designated as “disadvantaged communities.” There are no census tracts within the City planning area that meet the CalEnviroScreen 4.0 threshold of the 75th percentile for “disadvantaged communities.” Outside the City planning area, but within the City’s Sphere of Influence, there are several Disadvantaged Unincorporated Communities (DUCs) which are defined as “an ‘inhabited territory’ (with 12 or more registered voters) that has an annual household income that is less than 80% of the statewide median household income.” (Gov. Code Sec 56033.5) The statewide median household income as of the 2015-2019 ACS is $75,235. The threshold for DUC designation is $60,188.

Equity and Social Justice – A Broader Definition
While the focus of SB 1000 has been to address and prevent or mitigate environmental injustice in the State,nonetheless, there are other criteria that are to be considered in assessing issues of equity and social and environmental justice in the community, including the City’s Sphere of Influence (SOI). These include median household income and rates of poverty, access to housing including rents and percentage of home ownership, access to and current levels of education, sensitive populations, employment opportunities, access to healthcare, exposure to environmental hazards, and other criteria. These parameters and access to these community essentials are areas of social and environmental justice to be evaluated in the ESJ Element.

Government Code section 65302(h) includes several specific EJ requirements, which will serve as a starting point.

Additional resources will also be consulted, including but not limited to available data on such health conditions as obesity, prevalence of secondary disease (high blood pressure, high cholesterol, heart disease, etc.) pedestrian and bicycler crash data, use of alternative modes of transportation, school access by mode, and multi-modal use by commuters, access to community resources including parks and trails, nutritious food, and tools to aid in climate change resilience.

Preliminary Project Schedule
While the five-member GPAC is being selected, the City and consultant will be collecting data and information from a wide variety of sources, including the latest US Census data. We will build up a better understanding of the equity and social justice issues and opportunities facing the community. The following are the major milestones we will be targeting as work progressed on the ESJ Element.
• City Council Presentation & Request for Selection of GPAC (May 10, 2022) • 1st AC Meeting: Outreach, appraisal, element outline, & discussion (July 2022) • Community Workshop # 1 & 2: Hold two (2) workshops & secure input (September 2022) • On-line Survey: Prepare and conduct to broaden public input (September 2022) • 2nd AC Meeting: Review community input and response in draft element. (October 2022) • Community Workshop # 3: Present research, analysis and draft element. (November 2022) • 3rd AC Meeting: If needed, hold meeting to resolve outstanding issues (Tentative) • PC Hearing: (December 6, 2022)
• CC Hearing: (December 10, 2022)
Questions?
ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

Provide other direction
FISCAL IMPACT:

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This task is budgeted and approved for $42,800.

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Twentynine Palms
Equity and Social Justice Element
City Council
Introduction and Overview

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Twentynine Palms
Equity and Social Justice Element
Purpose
Identifies community setting, objectives
and policies to reduce pollution
exposure, improve air quality, promote
public facilities, improve food access,
advance access to housing, and increase.
physical activity in identified
disadvantaged communities.
----General Plan Guidelines 2017
Expanded Purpose
Addresses long-term community
equity by establishing policies and
programs that increase participation
in the public decision-making
process, reduce exposure to
environmental hazards, and enhance
access to healthy food, healthcare,
affordable housing, and fitness and
recreational resources.

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Twentynine Palms
Equity and Social
Justice Element Page 442 of 446
2021 City of Twentynine Palms
Disadvantaged Unincorporated Communities (DUCs)
Source: LAFCO for San Bernardino County

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Twentynine Palms
Equity and Social Justice Element
Areas of Analysis
• Population and ethnicity
• Employment and income
• Access to education
• Housing availability and affordability
• Access to goods and services
• Healthcare
• Exposure to environmental hazards
• Climate change inequities
• Access to equal representation

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SCHEDULE OF EVENTS (TENTATIVE)
• City Council Presentation & Request that an Advisory Committee (CAC) be selected (May 10, 2022) • 1st AC Meeting: public outreach, appraisal, element outline, discussion and direction (July2022) • Prepared for a hold two (2) community workshops & secure input (September 2022) • Prepare and hold an on-line survey to broaden public input (September 2022) • 2nd AC meeting to review community input and response in draft element. (October 2022) • 3rd community workshop w/draft element. (November 2022) • 3rd AC meeting (Tentative)
• PC Hearing. (December 6, 2022)
• CC Hearing (December 10, 2022)
Twentynine Palms
Equity and Social Justice Element

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Citizen Advisory Committee
A General Plan Advisory Committee (GPAC) has been proposed to work with City staff and the consultant in the development of this new General Plan Element. Staff will be provided Recommendations to the City Council. The size of the committee is important; one that is too small may not be sufficiently representative of the community and one that is too large may be difficult to manage and secure consensus. We recommend a GPAC of five (5) members. Sources of community representation may include:
• Healthcare Providers • Religious Leaders • Legal Advocate • Senior Care Advocates • Transitional Assistance • Food Programs • Social Workers • Housing Advocate • Education Professional • Parks & Recreation • Employment Professional
Twentynine Palms
Equity and Social Justice Element
GP

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