Agenda — Twentynine Palms City Council, January 10, 2023

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, January 10, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, January 10, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Rev. Peggy Ventris, St. Martin in the Fields Episcopal Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction of the City's newest employees.

2. Presentation by the Public Arts Advisory Committee (PAAC).

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

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

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

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4. Approval of Minutes of the City Council Meeting Held on November 8, 2022.

City Council - Regular Meeting - 08 Nov 2022 - Minutes - Pdf 5 - 9

5. Legislative Report - December 2022.

Legislative Report - December 2022. - Pdf
Federal Legislative December 2022 Legislative Matrix
Federal Legislative Update December 2022 Monthly Newsletter 11 - 48

6. Morongo Basin Ambulance Report - December 2022
Morongo Basin Ambulance Report - December 2022 - Pdf
49 - 50

7. Fire Department Emergency Response Report - November 2022 Fire Department Emergency Response Report - November 2022 - Pdf 51 - 52

8. SB1383 Education and Outreach Campaign.

RECOMMENDATION: The City Council approve the quote presented by CV Strategies for an amount not to exceed $42,000.00 to provide education and outreach to comply with SB1383.

SB1383 Education and Outreach Campaign. - Pdf
53 - 56

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARINGS

9. Development Code Amendment - Pot Belly Pigs.

RECOMMENDATION: That the City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and tentatively approve Ordinance No. ___, amending the City's Development Code to reflect requirements for keeping miniature pigs as pets.

Development Code Amendment - Pot Belly Pigs. - Pdf
57 - 91

10. Electric Vehicle Charging Stations and Parking Requirements.

Electric Vehicle Charging Stations and Parking Requirements. - Pdf 93 - 98

11. Appeal of VHR22-195
RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, deny the appeal and allow Staff to continue processing the application.

Appeal of VHR22-195 - Pdf
99 - 111

DISCUSSION AND POTENTIAL ACTION ITEMS

12. Initiation of Study of Two-Story Homes in Indian Cove (Future Agenda Item Request).

RECOMMENDATION: That the City Council direct Staff to study the issue of two-story homes in Indian Cove, their impact to the community, and whether to make any modifications to the Development Code.
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Initiation of Study of Two-Story Homes in Indian Cove (Future Agenda Item Request). - Pdf

13. Planning Commission Appointment - Future Agenda Item Request.

RECOMMENDATION: The City Council discuss the Policy.

Planning Commission Appointment - Future Agenda Item Request. - Pdf 115 - 118

14. City Council Regional Organizational Assignments.

RECOMMENDATION: The City Council review Council assignments for Regional Organizations and make appointments as appropriate.

City Council Regional Organizational Assignments. - Pdf 119 - 120

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained v. Non-Maintained Roads.

3. VHR Ordinance.

4. Voting for Mayor as opposed to current selection process.

5. Discussion on working with non-profits to establish a "Heating Station" during the winter months.

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., January 5, 2023.

Cindy Villescas CMC, City Clerk Time/Date

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
November 8, 2022
CALL TO ORDER - Mayor O'Gilvie called the meeting to order at 6:00 p.m.

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

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

Roll Call - The following Councilmembers were present: Klink, Wright, O'Gilvie. Councilmembers Bilderain and Mintz arrived at 6:40 p.m.

Closed Session Announcements - None.

Changes to the Agenda - None.

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

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

This presentation was moved to the next meeting.

2. Proclamation Recognizing November as Family Court Awareness Month.

There was no one in attendance to receive the Proclamation. Mayor O'Gilvie read the Proclamation to the audience.

3. Presentation by the Public Arts Advisory Committee (PAAC).

This presentation was moved to the next meeting.

4. Presentation by Ms. Kimberly Andromeda, Director of Institute of Inquiry, on the Childcare Crisis.

Ms. Andromeda gave a presentation on the Childcare Crisis in the Morongo Basin.

A five-minute break was taken to reconnect the technology due to the power outage that occurred.

5. Presentation by Frontier Communications.

Mr. Doug McAllister, Vice President for Internal Affairs with Frontier Communications, gave a presentation on fiberoptics and the services that Frontier provides.

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City Council - Regular Meeting
November 8, 2022

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Klink wished everyone celebrating a birthday in November a Happy Birthday and wished the City a Happy Birthday on November 23rd. He commented that he did not attend any meetings.

Councilmember Bilderain wished his mother and daughter a Happy Birthday celebrating in November. He mentioned that he attended the Pioneer Days festivities. He also wished a Happy Birthday to the Marines and Happy Veterans' Day and Happy Thanksgiving.

Councilmember Mintz congratulated the High School volleyball team for winning their first round of State playoffs, he mentioned that he attended the annual Weed Show, and he attended the Pioneer Days festivities.

Mayor Pro Tem Wright congratulated the Twentynine Palms High School volleyball team, he wished a Happy Birthday to all Marines and wished all a Happy Veterans' Day. He mentioned that he attended a Basin Transit meeting, a Pioneer Days Sunrise Service and he has been busy with his son's football games.

Mayor O'Gilvie mentioned that she attended all the Pioneer Days festivities, including the Sunrise service, and she attended the Basin Transit meeting. She wished all the Marines a Happy Birthday, Happy Veterans' Day and Happy Thanksgiving. She also stated, " Go Astros".

CONSENT CALENDAR

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

7. Approval of Minutes of the City Council Meeting Held on October 11, 2022.

8. Fire Department Monthly Report - September 2022.

9. Legislative Report - September 2022.

10. Safe Routes to Schools Infrastructure Implementation ATPL-5448(010).

RECOMMENDATION: That the City Council:

1. Reject all Bids received for the subject project.

2. Authorize Staff to direct KOA to perform value engineering to reduce the cost of construction without changing the scope of the project.

3. Once plans are updated with cost-saving revisions, authorize Staff to re-advertise the project.

11. Award Construction Contract for the SR 62 Raised Median Project.

RECOMMENDATION: That the City Council:

1. Adopt the design of the project represented by the Plans and Specifications for the SR 62 Median Project;

2. Award a contract for the “SR 62 Raised Median Project,” to LCR Earthwork & Engineering Corp., in the amount of $247,750.00 and authorize a Ten Percent (10%) Contingency in the amount of $24,775, for a total contract amount of $272,525;

3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments.

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City Council - Regular Meeting
November 8, 2022

12. Luckie Park Pool Rehabilitation Grant Application.

RECOMMENDATION: The City Council approve Resolution No. 22-26 for a grant application for the Luckie Park Pool rehabilitation from the State of California Department of Parks and Recreation and authorize the City Manager to negotiate and submit all documents necessary for the project.

13. Treasurer's Report - FY 2022/23 Quarter 1.

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

Councilmember Mintz abstained from item #6, due to a possible conflict of interest.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: MINTZ FROM ITEM #6
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION – None.

PUBLIC HEARINGS

14. Triennial California Building Code Publication: Resolution No. 22-27; 2022 California Building Code Adoption, Ordinance No. 301.

RECOMMENDATION: The City Council conduct the Public Hearing, adopt Resolution No. 22-27 and introduce Ordinance No. 301, repealing Section 18.01, California Code of Regulation, of Title 18 of the City of Twentynine Palms Municipal Code.

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

Mayor O'Gilvie opened the Public Hearing.

Having no requests to speak, Mayor O'Gilvie closed the Public Hearing.

Councilmember Klink commented that he is concerned about everything going electric and the cost of homes going up substantially.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Bilderain, to adopt Resolution No. 22-27 and introduce Ordinance No. 301, repealing Section 18.01, California Code of Regulation, of Title 18 of the City of Twentynine Palms Municipal Code.

The above motion was carried by the following:

ROLL CALL VOTE:

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

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City Council - Regular Meeting
November 8, 2022

15. Elimination of Issuance Fees for Water Heaters and Swamp Coolers.

RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and adopt the Resolution, approving the elimination of issuance fees for water heaters and swamp coolers.

Director Gardner presented the Staff Report.

Mayor O'Gilvie opened the Public Hearing.

Having no requests to speak, Mayor O'Gilvie closed the Public Hearing.

ACTION: A motion was made by Mayor Pro Tem Wright, seconded by Councilmember Bilderain to find the project exempt from CEQA and adopt Resolution No. 22-28, approving the elimination of issuance fees for water heaters and swamp coolers.

The above motion was carried by the following:

ROLL CALL VOTE:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Annual Comprehensive Financial Report (ACFR) for FY 2021/22.

RECOMMENDATION: The City Council receive and file.

Finance Director Abigail Hernandez-Conde (Director Hernandez-Conde) presented the Staff Report and Annual Financial Comprehensive Report. She then passed the floor to Mr. Brad Welebir with Rogers, Anderson, Malody and Scott Auditors (RAMS) who further elaborated on the results of the audit.

Having no action to take, the Report was received and filed.

17. City Wastewater and Sewer Project.

RECOMMENDATION: Staff is looking for direction and discussion on the following:

1. Location of Treatment Plant;

2. Collection System Initial Phasing;

3. State Grant Request.

City Manager Luckino presented the Staff Report and PowerPoint presentation. He then passed the floor to Mr.

Andrew Frost, Project Manager for Carollo Engineers, who continued with the PowerPoint presentation indicating the new location which is 4.4 acres right along the flood channel along Desert Knoll.

Cindy Bernard, Twentynine Palms, made a public comment via email, that was read into the record.

Matt Shragge, General Manager for the Twentynine Palms Water District, spoke that he is happy to see that the City and the Water District is working together on this project.

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City Council - Regular Meeting
November 8, 2022
Consensus of the City Council is all in favor of:

1. Location of Treatment Plant;

2. Collection System Initial phasing;

3. State Grant Request.

FUTURE COUNCIL INITIATED ITEMS

1. Voting for Mayor as opposed to current selection process.

2. Seasonal Banners throughout the City.

3. Maintained v. Non-Maintained Roads.

4. VHR Ordinance.

5. Two-story homes in Indian Cove.

Councilmember Klink suggested that we consider a discussion to work with the non-profits to help out with a heating station during the winter months since we have a cooling center in the summer months. All Councilmembers agreed to have this come back as an agenda item.

PUBLIC COMMENTS
Daniel Demeyere, Twentynine Palms, commented on problems with vandalism with mailboxes. In the last two months, mailboxes where he lives were all opened and mail stolen. Councilmember Klink suggested that the City Manager talk to the Postmaster. His second issue is his concern that we only have one deputy serving Twentynine Palms and surrounding areas and we really need one more. City Manager Luckino mentioned that there are two deputies for this area for each shift.

Tanquasta (Tanc) Brown, Twentynine Palms, commented on the awareness of homeless shelters. She mentioned that she came up with an idea of a non-profit shelter and she has a petition with many signatures that are in favor of a homeless shelter.

Pam La Fosse, Twentynine Palms, commented on the peacocks on Adobe Circle that have been in the community for many years. She wanted to make the City Council aware that there is a neighbor that is doing horrible things to these peacocks. She is hoping that the City Council can help out in some way to protect these birds. City Manager Luckino mentioned that he would follow up with Animal Control.

Eric Menendez, Twentynine Palms, wanted to inform the community that Rediscover 29 Palms will be selling Christmas trees. He added that Sunset Strolls is starting back up again and the first one will be Friday, November 11, 2022.

CITY MANAGER UPDATE
City Manager Luckino mentioned that Stater Brothers will be doing a major remodel soon, they have also geo fenced most of their shopping carts and will be contracting with a company soon for the retrieval of shopping carts. The Light Parade time has been changed to 6:00 p.m., and the Sunnyvale Garden Suites Hotel has been converted to an apartment complex. He commented that in regard to EV charging stations, the City has been trying to get the ones that were recently installed maintained and repaired, and he mentioned that he recently went on a ride along with one of the Sheriff's Department deputies.

ADJOURNMENT - Mayor O'Gilvie adjourned the meeting at 8:24 p.m. and wished everyone a Happy Thanksgiving.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 10 2023
SUBJECT: Legislative Report - December 2022.

ATTACHMENTS:
• Federal Legislative December
2022 Legislative Matrix
• Federal Legislative Update
December 2022 Monthly
Newsletter

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Bill Number Sponsors Title and/or Summary Summary/Status Latest Action Recently Enacted Legislation
H.R.2617 Rep. Gerald Connolly (D-VA) Consolidated Appropriations Act, 2023 The Consolidated Appropriations Act,
2023, provides $1.7 trillion in
discretionary resources across the fiscal
year 2023 appropriations bills.

In total, the regular 12 appropriations
bills include $800 billion in non-defense
funding. This is the highest level for nondefense funding ever and a larger increase in both dollar and percentage
than fiscal year 2022. The bills also
provides $858 billion in defense funding,
which is also the largest-ever level for
defense spending.

The Consolidated Appropriations bill was
introduced on December 20 and H.R.2617,
which had already passed the House and
Senate in different forms, was used as a
legislative vehicle for procedural purposes.

The Senate amended and passed the
legislation on December 22 by a vote of 68-

29. The House passed the legislation on
December 23 by a vote of 225-201 with 1
member voting present.

President Biden signed the legislation on
December 29, providing funding for all
federal agencies through September 30,
2023.

H.R.7776 Rep. Peter DeFazio (D-OR)
James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023
(also contained the text of the Water
Resources Development Act)
The National Defense Authorization Act
authorizes appropriations for the
Department of Defense and Defenserelated programs at the Department of Energy.

The Water Resources Development Act
section of the bill authorizes the U.S.

Army Corps of Engineers to carry out
activities concerning water resources
development projects, water supply and
wastewater infrastructure, flood control,
navigation, hydropower, or ecosystem
restoration, such as shoreline restoration.

In addition, it modifies the process used
to deauthorize certain inactive water
resources development projects.

The House used the previously passed
Water Resources Development Act, which
had already passed the House and Senate
in different forms, as the legislative vehicle
for a number of bills, including the NDAA
and WRDA bill. It passed the final
legislation on December 8, 2022 by a vote
of 350-80.

The Senate passed it on December 15, 2022
by a vote of 83-11.

President Biden signed the legislation on
December 23, 2022.

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H.R.4373 Rep. Barbara Lee (D-CA) Further Additional Continuing Appropriations and Extensions Act, 2023
The House and Senate used this
legislative vehicle to pass a week-long
continuing resolution. This CR allowed
the House and Senate time to enroll the
omnibus appropriations bill and send it to
the White House for President Biden’s
signature.

The Senate passed the legislation with a
substitute amendment containing the
week-long continuing resolution on
December 22 by unanimous consent.

The House adopted the Senate amendment
when it adopted a rule for consideration of
other legislation on December 23.

President Biden signed it on December 23.

H.R.6833 Rep. Angie Craig (D-MN) Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
This legislation extends government
funding through December 16, 2022 and
provides additional funding to assist
Ukraine in response to the Russian
invasion. The legislation extends certain
authorities and provides funding for
FEMA to respond to recent disasters.

The substitute amendment was introduced
on Tuesday, September 27. Changes to the
amendment to drop the text of Sen.

Manchin’s permitting reform were released
later in the Day.

The Senate passed the legislation on
Thursday, September 29 and the House
passed it on September 30. The legislation
was signed into law on September 30.

All legislation that was not enacted prior to the end of the 117th Congress expired and will have to be reintroduced.

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

MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White, Jean Denton, and Drew Tatum
Date: January 3, 2023
Re: December Monthly Legislative Update
House Ends 117th Congress by Passing $1.7 Trillion Funding Package The House recently passed a mammoth $1.7 trillion omnibus package, capping off weeks of drama to lock down government funding for the next fiscal year.

The bill passed largely along party lines, 225-201-1, a day after the Senate approved the bill in a bipartisan vote. The legislation was signed by President Biden on December 29, 2022, one day before an interim stopgap continuing resolution was set to expire.

The bill includes $772.5 billion in nondefense discretionary spending and $858 billion in defense funding.

It also includes more than $40 billion in funding to support Ukraine amid Russia’s ongoing invasion, higher than what the White House requested in assistance last month, as well as $38 billion in emergency disaster assistance.

The passage comes days after Ukraine President Volodymyr Zelensky’s dramatic visit to Washington, where he met with President Biden and addressed Congress amid questions over whether a GOP House will remain committed to providing assistance to Ukraine.

The legislation includes a ban on TikTok on federal government phones, reflecting worries in both parties about how China’s government might access data about U.S. citizens through the social media platform.

And it includes legislation known as the Electoral Count Act, which clarifies that the vice president’s role in certifying a presidential election is ceremonial. That measure is intended to help prevent a repeat of the violence at the Capitol on Jan. 6, 2021, when a pro-Trump mob invaded the building and forced the evacuation of Congress.

While the bill drew broad Democratic support, only nine Republicans in the House voted for the measure. Eighteen Republicans voted for it in the Senate.

House GOP leaders whipped their members to oppose it, and Minority Leader Kevin McCarthy (R-CA) joined other Republicans in urging Senate GOP lawmakers to oppose it. Some House

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Innovative Federal Strategies LLC
IFS Monthly Report 2 | Page
Republicans vowed retribution on Senate Republicans who backed the omnibus, arguing it should not have been passed with the GOP set to take over the House in weeks.

House Republicans joined by some Senate conservatives had argued the GOP would have significantly more sway in spending decisions upon attaining the House majority in January.

While Democrats have acknowledged they wanted more for nondefense spending, the party has also touted a list of investments secured for its priorities in arguing in favor of the omnibus package.

The measure includes billions in funding for health care and research, such as $47.5 billion for the National Institutes of Health, as well $9.2 billion for the Centers for Disease Control and Prevention.

Democrats have also pointed to a $13.4 billion increase for the Supplemental Nutrition Assistance Program, a boost of $28.5 billion for child nutrition programs and $6 billion for the Special Supplemental Nutrition Program for Women, Infants and Children.

Senate Republicans pushing for the bill have championed the increase in defense spending, and had argued a failure to approve an omnibus would have hurt defense programs. Defense spending is up about 10 percent in the final bill, while the increase to nondefense baseline was roughly half that. The annual inflation rate hit 7.1 percent last month, above the increase to nondefense spending but below the bump up for defense.

On top of the defense spending, GOP appropriators also highlight the 4.6 percent pay raise for military members.

Senate Minority Leader Mitch McConnell (R-KY) touted the defense spending in defending the bill, saying that “the world’s greatest military will get the funding increase that it needs, outpacing inflation.”
“Meanwhile, nondefense, non-veterans spending will come in below the rate of inflation, for a real-dollar cut,” he said.

But that doesn’t mean other Republicans aren’t fuming.

McCarthy also trashed the bill ahead of vote, claiming that “buried in the omnibus is even more money for woke-ism in the government and the military” and funding for “left wing pet projects.”
Some Democrats were also far from thrilled with the package, with two defections from the progressives. Rep. Alexandria Ocasio-Cortez (D-NY) voted “no” on the measure, while Rep.

Rashid Tlaib (D-MI) voted “present.”

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Rep. Jamaal Bowman (D-NY), another prominent progressive, voted to back the omnibus, but said Congress was approving “way too much on defense.”
“It’s always a compromise. It’s one of those sort of hold your nose and vote ‘yes’ situations when it comes to the omnibus,” he said, while adding that, overall, it’s worth passing if it means funding for the party’s priorities for fiscal 2023.
“Looking at the increases in community schools, that was a huge win for us,” Bowman, a former middle school principal, said. “All of the funding we got for our community funding projects — that was also huge.”
House leaders had previously hoped to pass the omnibus as early as the evening of December 22, but the timing was put off to the next day due to the hours-long process to ready the bill, which spans thousands of pages, for a vote in the lower chamber.

The Senate also made changes to the bill during a marathon voting session before final passage, adopting eight amendments.

The measure included amendments that senators say would allow proceeds from assets seized from sanctioned Russian oligarchs to be put toward Ukrainian aid, a measure aimed at strengthening breastfeeding protections for workers and another dealing with compensation for 9/11 victims.

Supreme Court to Weigh Biden Bid to Restore Student Debt Relief Plan The Supreme Court agreed to review the Biden administration’s effort to reinstate its student debt relief plan, but the justices declined to immediately revive the program.

In a brief unsigned order, the court indicated it would hear arguments on the case in February.

The move comes after the administration urged the Supreme Court last month to clear one of the legal obstacles blocking the policy.

The administration is currently fending off two separate rulings issued in recent weeks that have effectively halted President Biden’s student loan forgiveness plan, which would give federal borrowers making less than $125,000 a year up to $10,000 debt relief.

The appeal to be heard by the justices arose after the St. Louis-based U.S. Court of Appeals for the 8th Circuit halted the loan relief program.

Separately, the New Orleans-based U.S. Court of Appeals for the 5th Circuit denied the administration’s request to revive the policy while it appeals a lower court ruling.

Biden’s policy, which the Congressional Budget Office estimates will cost about $400 billion over 30 years, has drawn numerous legal challenges. Its aim is to forgive up to $10,000 in federal

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student loan debt for those making under $125,000 annually and up to $20,000 for recipients of Pell Grants, which assist students from lower-income families.

In court papers filed in November, the Department of Justice (DOJ), on behalf of the administration, told the justices the program’s current legal status has left “vulnerable borrowers in untenable limbo.”
“The [8th Circuit’s] injunction thus frustrates the government’s ability to respond to the harmful economic consequences of a devastating pandemic with the policies it has determined are necessary,” U.S. Solicitor General Elizabeth Prelogar told the justices.

The administration’s appeal followed a unanimous ruling by a three-judge panel of the 8th Circuit that halted Biden’s massive debt relief plan.

The ruling was a win for six conservative-led states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — that challenged the program on the grounds that they were harmed by a freeze on the collection of student loan payments and interest. Among the challengers’ arguments is the claim that the debt-relief usurped Congress’ authority.

The White House, for its part, maintains that its policy is authorized by a 2003 federal law known as the Higher Education Relief Opportunities for Students Act, which both the Trump and Biden administrations have drawn upon to alleviate student borrowers’ financial strain during the global pandemic.

In a related legal development last month, a Trump-appointed federal judge in Texas invalidated the program, saying the presidential action unlawfully encroached on Congress’s power. The Biden administration is appealing that decision to the 5th Circuit.

Several other similar challenges to Biden’s plan have so far proved unsuccessful. Among them were two cases that eventually sought emergency relief in the Supreme Court but were unilaterally rejected by Justice Amy Coney Barrett.

Frustration Swirls in House GOP Over McCarthy Speakership Opposition Frustration and anxiety are bubbling up among House Republicans over opposition to House Minority Leader Kevin McCarthy’s (R-CA) run for Speaker from a small group of hard-line conservative GOP members that threatens to keep him from the gavel.

McCarthy allies lined up at the mics to voice support for him at an internal House Republican Conference in a recent meeting. They are starting to trade barbs with the McCarthy opponents:
“We’re not going to be held hostage,” Rep. Don Bacon (R-NE) said.

Both the Republican Governance Group, a caucus of more center-leaning members formerly known as the Tuesday Group, and the Main Street Caucus, a group of pragmatic governanceminded Republicans, have released letters in recent days urging their House Republican colleagues to support McCarthy. The former group urged Republicans to “put posturing aside.”

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“This Conference cannot handcuff itself to a burning building before we gavel in the 118th Congress,” Republican Governance Group Chairman Dave Joyce (R-OH) said in a statement.

Five vocal House Republicans explicitly have said or strongly indicated they will not support McCarthy for Speaker in a January 3 floor vote: Reps. Andy Biggs (R-AZ), Matt Gaetz (R-FL), Ralph Norman (R-SC), Matt Rosendale (R-MT) and Bob Good (R-VA). Several others, including House Freedom Caucus Chairman Scott Perry (R-PA) and Rep. Chip Roy (R-TX), have criticized current leadership’s position on rules change proposals that would empower individual members, but are not revealing how they plan to vote on Jan. 3.

With Republicans heading into the 118th congressional session with a slim majority of 222 to Democrats’ 212 and one vacancy, their opposition has the potential to keep McCarthy from getting the Speakership.

Some House Republicans supportive of McCarthy, though, are downplaying the opposition, brushing it off as saber-rattling and predicting opponents will eventually fall in line. McCarthy, they note, won support from nearly 85 percent of the House Republican Conference for the Speakership nomination over a last-minute challenge from Biggs, a former chair of the Freedom Caucus.
“It’s a done deal. I think this is all theatrics,” said Rep. Tony Gonzales (R-TX), quipping:
“Imagine a place like this having theatrics right before a major vote.” “He’s going to be the next Speaker of the House,” said Rep. Pete Stauber (R-MN) “We had the same conversation two years ago with [Democratic House Speaker Nancy] Pelosi. I saw her work the House floor to become Speaker. I saw members of her team vote present, you know, so they could reduce the percentage, and so I don’t think this is out of the ordinary.” McCarthy needs support from a majority of those voting for a Speaker candidate on the floor on Jan. 3, not including vacancies, absences or “present” votes, which would lower the threshold needed to win the Speakership election. But the five most vocal opponents to McCarthy all say they will not vote “present,” further depriving McCarthy of breathing room.

The situation is starting to spur talk of contingency plans about what to do if McCarthy fails to secure the Speakership after multiple ballots — and the potential to work with moderate Democrats to select an alternative GOP Speaker.
“We’ve had preliminary talks up with the Democrats,” Bacon said. “If we have multiple, multiple votes, and they’re not willing to support what the far majority of the conference wants to do, we’re not going to be held hostage by them.”
Bacon later added on C-SPAN that he does think McCarthy will ultimately be elected Speaker and that he will support McCarthy as long as he “stays in the fight.” But he does have “a few names” of possible alternatives, he said, without revealing names.

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Rep. Jim Jordan (R-OH), who is set to chair the House Judiciary Committee in a GOP majority, told Breitbart that he is “concerned” about Republicans striking a deal with Democrats to elect an alternative to McCarthy.
“So let’s hope that there’s never any kind of bargain where you bring the Democrats into play because they’ll be … trying to stop investigations that are our constitutional duty to conduct,” Jordan said.

As some members urge support for McCarthy, his opponents are digging into their position rather than relenting.

In a Billings Gazette op-ed, Rosendale escalated his opposition to McCarthy, leaving little room for the possibility of supporting McCarthy on the House floor. “If Kevin McCarthy couldn’t lead in the minority, he doesn’t have the ability to serve as speaker of the House,” Rosendale wrote.

Recently, Biggs renewed his challenge to McCarthy as a candidate for Speaker.

A lack of a consensus alternative is a major selling point for McCarthy advocates. A report that some Democrats floated outgoing moderate Rep. Fred Upton (R-MI) as a possible Speaker prompted a rebuke from former President Trump – who backed McCarthy for Speaker before the election. Upton voted to impeach Trump after the Jan. 6, 2021, Capitol attack.

Meanwhile, McCarthy is reiterating and escalating some of his pledges for the House Speakership and taking a more hard-line style in the kinds of negotiations on must-pass spending bills that normally animate his critics.

Recently, on Fox News, McCarthy said that Republicans — namely Senate Minority Leader Mitch McConnell (R-KY), a figure frequently criticized by hard-liners — should “wait till we’re in charge” of the House in the next Congress to pass an omnibus spending bill.

And he took a victory lap following the release of final National Defense Authorization Act text that eliminated the COVID-19 vaccine mandate for service members. “Last week I told Biden directly: it’s time to end your COVID vaccine mandate on our military and rehire our service members,” McCarthy said in a statement.

Sinema to Keep Committee Assignments After Leaving Democratic Party Senate Majority Leader Charles Schumer (D-NY) announced that he will let Sen. Kyrsten Sinema (I-AZ) keep her committee assignments after she dropped her affiliation with the Democratic Party and said she would identify as an Independent.

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Schumer added Sinema’s decision will not affect Democratic control of the Senate’s committees, including the power to issue subpoenas and discharge legislation without Republican support — powers the Democratic majority gained after winning the Senate runoff in Georgia this month. “Sen. Sinema informed me of her decision to change her affiliation to Independent. She asked me to keep her committee assignments and I agreed,” Schumer said in a statement. “Kyrsten is independent; that’s how she’s always been. I believe she’s a good and effective Senator and am looking forward to a productive session in the new Democratic majority Senate,” he said. “We will maintain our new majority on committees, exercise our subpoena power, and be able to clear nominees without discharge votes.”
Sinema currently sits on the Senate Banking Committee, the Commerce Committee, the Homeland Security Committee and the Veterans’ Affairs Committee.

Sinema announced in an op-ed published by The Arizona Republic that she has decided to leave the Democratic Party in order to separate herself from partisan politics. “When politicians are more focused on denying the opposition party a victory than they are on improving Americans’ lives, the people who lose are everyday Americans,” she wrote. “That’s why I have joined the growing numbers of Arizonans who reject party politics by declaring my independence from the broken partisan system in Washington,” she added. “I registered as an Arizona independent.”
Two other senators who identify as Independents also receive their committee assignments from the Senate Democratic leader: Senate Budget Committee Chairman Bernie Sanders (I-VT) and Sen. Angus King (I-ME).

Senators Urge Agriculture Secretary to Help Western States with Drought Sen. Michael Bennet (D-CO) led a letter signed by 14 other senators urging Agriculture Secretary Tom Vilsack to help Western states survive what they are calling a “22-year megadrought” that is threatening farms and ranches across the West. “The American West is in crisis. Across the major basins of the American West … farm and ranch families hang in the balance as they grapple with a 22-year mega-drought,” they warned. “The acute shortage of water for Western growers threatens productive farmland across our states, which are both a pillar of our rural economies and drivers of America’s food production.” The letter is the latest sign of growing economic pressure posed by the changing climate and the competition for federal money to help communities across the country cope with severe weather.

The senators want the Department of Agriculture to use its authority to help Western farmers and ranchers conserve water, improve their water infrastructure and protect lands plagued by drought.

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They say improved water conservation, cover crops that slow erosion and improve soil health, will help farmland store more carbon from the atmosphere, which could help mitigate climate change.

The letter’s signatories include Sens. Mitt Romney (R-UT), Kyrsten Sinema (D-AZ), Martin Heinrich (D-NM), Mike Lee (R-UT), John Hickenlooper (D-CO), Mark Kelly (D-AZ), Ben Ray Luján (D-NM), Dianne Feinstein (D-CA), Ron Wyden (D-OR), Jeff Merkley (D-OR), Jacky Rosen (D-NV), Catherine Cortez Masto (D-NV), Alex Padilla (D-CA) and Patty Murray (DWA).

The senators argue that many existing Department of Agriculture programs “do not translate well to the needs of Western agriculture” and want the department to promote projects to help basins such as Colorado River Basin, the Rio Grande Basin, the Sacramento-San Joaquin River Basin and the Columbia River Basin.
“As you know, American farmers and ranchers manage over 895 million acres of ground in the United States, giving them a vital role in combating climate change risks while continuing to feed America,” the senators wrote.

They said the $20 billion Congress recently provided for agriculture conservation programs should be allocated “equally across the country to reflect the contribution of every region, including the West.”
They urged Vilsack to address the understaffing of Agriculture Department field offices and to prioritize hiring more staff with expertise in West agricultural production.

Senate Sends $858 Billion Defense Authorization Bill to President Biden’s Desk The Senate passed the annual defense authorization bill, sending the $858 billion measure to President Biden’s desk for signature just before the year-end deadline. Biden signed the legislation on December 23.

The measure, formally known as the National Defense Authorization Act (NDAA), passed with an overwhelming bipartisan majority, 83-11. In addition to the NDAA, the legislation also contained a number of other authorization bills, including the Water Resources Development Act (WRDA).

It provides $45 billion more for defense than called for in Biden’s budget, including allocating $817 billion to the Department of Defense and $30 billion to the Department of Energy.

The recent vote caped weeks of wrangling over floor timing and controversial policy changes, such as language demanded by conservative Republicans to end the military’s COVID-19 vaccine mandate, which has been in place since August of 2021.

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It marks the 61st year in a row that Congress has passed the defense bill on time, a notable achievement given the legislative gridlock that has reigned on Capitol Hill in recent years.

Senate Armed Services Committee Chairman Jack Reed (D-RI) cheered the passage of the bill after months of negotiation, calling it “the most significant vote of the year.” “I’ve said it before and I’m not the only one saying it — the world is a more dangerous place than I’ve ever seen before in my lifetime,” he said.

The bill is named after retiring Sen. James Inhofe (R-OK), the top Republican on the Senate Armed Services Committee.

The Biden administration criticized the vaccine mandate repeal as “a mistake,” but the president indicated his intent to sign the legislation when it reaches his desk.

Senators approved the legislation after voting down an amendment sponsored by Sen. Joe Manchin (D-WV) to enact permitting reform for energy projects and another sponsored by Sens.

Ted Cruz (R-TX) and Ron Johnson (R-WI) to require the military to rehire and provide back pay to service members forced out of work because of vaccine noncompliance.

Both amendments needed 60 votes to pass.

Sen. Dan Sullivan (R-AK) asked for a vote on his amendment to cap fees charged by trial lawyers in cases representing Marines who became ill because of water contamination at Camp Lejeune, North Carolina
He later withdrew it because he expected it to fail but pledged to work with Sen. Dick Durbin (D-IL), the chairman of the Judiciary Committee, on a compromise before the end of the year.

Conservatives won a major victory by successfully pressing Democrats to accept language ending the Pentagon’s COVID-19 vaccine mandate.
“I am so pleased that the NDAA language reflects what we have sought to do,” said Sen. Marsha Blackburn (R-TN), a member of the Armed Services Committee, who pushed for the repeal.

She hailed it as a “major win” and noted that all service branches have struggled to meet their recruiting goals this year. More than 8,400 active-duty service members have been pushed out of the military for not getting COVID-19 shots, Blackburn said.

Passage of the defense bill was a victory for Senate Minority Leader Mitch McConnell (R-KY), who identified it as a top priority in the lame-duck session. “I’ve spent all week discussing ways this legislation will help our armed forces and national security professionals, safeguard our homeland and keep adversaries like Russia on their back feet,” McConnell said ahead of the bill’s passage.

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“The NDAA is only a first step toward the investments, modernization and stronger strategies that we need to compete and to win against rivals who don’t wish us well, but it is a crucial first step,” he added.

McConnell and other Republicans criticized Senate Majority Leader Charles Schumer (D-NY) for waiting so late in the year to bring the bill to the floor. “Republicans spent months urging the Democratic majority not to neglect this year’s National Defense Authorization Act; not to leave our armed forces to the last minute,” McConnell said. ”Five months ago, I called on our colleagues to process the defense bill as soon as possible.” The Senate passage comes exactly a week after the House passed the bill, which lays out how the Department of Defense allocates hundreds of billions of dollars toward weapons programs and provides a 4.6 percent raise in service members’ salaries.

Republicans defeated two policy riders that Schumer wanted to add to the defense bill, Manchin’s permitting reform proposal and the SAFE Banking Act, which would prohibit federal regulators from penalizing financial institutions that work with legitimate cannabis-related businesses.

McConnell said that attempts to add those provisions were “obstructing” passage of the defense bill and dismissed the proposals as “a grab bag of miscellaneous pet priorities.” Other Republicans criticized Manchin’s permitting reform bill from taking power away from Public Utility Commissioners by giving authority to federal regulators to pick the sites of electric transmission lines.

Biden Policy on Road Repair Set for Republican Repeal Effort The top Senate Republican overseeing highways will try to repeal a memo from the Biden administration that prioritizes repair over expansion after a federal watchdog determined it’s a formal rule open to challenge.

Republicans have for a year scrutinized a December 2021 memo from the Federal Highway Administration that said in “most cases” highway money from the infrastructure law should be used to repair and maintain existing infrastructure before spending on “expansions for additional general purpose capacity.” The Government Accountability Office said the memo is a rule subject to the Congressional Review Act — and now Sen. Shelley Moore Capito (R-WV) will formally challenge the guidance.
“The Federal Highway Administration went beyond simply restating existing legal requirements for states, it expressed a policy preference and took steps to implement that preference,” said Capito, ranking member of the Senate Environment and Public Works Committee. “I plan to introduce a Congressional Review Act resolution of disapproval to ensure the IIJA is implemented as written.” IIJA is shorthand for the “Infrastructure Investment and Jobs Act,” the 2021 law’s short title.

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Incoming House Transportation and Infrastructure Committee leader Sam Graves (R-MO) vowed to support Capito’s effort.
“While I hope the Administration will rescind the flawed approach, I am prepared to work with my Senate colleagues to utilize the CRA if necessary to overturn this rule,” he said in a statement.

The Congressional Review Act allows Congress to overturn rules issued by a federal agency and prevents the agency from issuing a similar rule in the future. Although CRA resolutions require only a simple majority for passage, not the usual 60 votes needed in the Senate, the challenge is still unlikely to pass unless it garners support from Democrats. President Joe Biden could veto such a resolution if it reached him.

Democrats are already backing the Biden administration. Sen. Tom Carper (D-DE), chairman of the Senate Environment panel, said Congress shouldn’t disapprove internal policy documents through the CRA, adding that he would oppose efforts to do so. “I am disappointed by GAO’s misguided decision,” Carper said in a statement, adding that FHWA’s “memo did not place any new requirements or penalties on states.” The memo is an internal and non-binding policy document to its own staff and doesn’t affect a state’s right to choose projects, an FHWA spokesperson said in an emailed statement. Road expansion projects have continued to be funded after the guidance was issued. Since the infrastructure law was enacted, 763 capacity expansion projects were funded with federal dollars.

Congress generally has 60 legislative days after a rule is issued to pass a CRA resolution, but in previous cases where GAO has decided on the CRA’s applicability to a policy, the date of GAO’s opinion triggers the clock. That means action on Capito’s resolution could happen in the 118th Congress.

Transportation Secretary Pete Buttigieg has sought to quell concern about the FHWA policy while saying it isn’t a directive “and does not impose any one-size-fits-all solutions.” GOP lawmakers have also protested a proposal pushing states to reduce emissions and criticized the agency, saying it isn’t moving fast enough on permitting changes.

The challenge comes as FHWA just secured a new leader. The Senate this month confirmed FHWA Administrator Shailen Bhatt, who told senators that he planned to be “consistent in following the law” when asked about the memo.

Drought Emergency Declared in Southern California
Authorities have declared a Regional Drought Emergency for residents in the Southern California area as they prepare for a fourth consecutive drought season.

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In a recent news release, the Metropolitan Water District’s (MWD) board of directors urged residents to cut back on water use and called for water agencies to immediately reduce their use of all imported water supplies due to the ongoing drought crisis.

About half of the district’s water is imported from the northern Sierra via the State Water Project and from the Colorado River. According to the news release, some communities rely mostly on imported water while others have little use for it.

The MWD’s board of directors warned that the call for water-saving measures could become mandatory if drought conditions in the area worsen in the coming months. “Since this drought began, we have been steadily increasing our call for conservation. If we don’t have an extremely wet winter, we will need to elevate to our highest level — a water supply allocation for all of Southern California. Substantial and immediate conservation now and in the coming months will help lessen the potential severity of such an allocation,” MDW General Manager Adel Hagekhalil said in a statement.

The board also said by next April it will consider allocating supplies to all its 26 member agencies by requiring them to cut their use of imported water or face additional fees on purchased water from the department, according to the news release.

The latest conservation effort comes as the Southern California area has experienced three straight years of drought conditions, which resulted in record-low SWP deliveries to the area.

SWP-dependent communities have been under the MWD’s mandatory Emergency Water Conservation Program, where affected agencies have been living with volumetric limits or have restricted outdoor watering to one day a week.

Those mandatory measures are expected to continue through June if substantial rain or snow accumulation doesn’t bring any relief to the ongoing drought problem in the state.

For its part, the Bureau of Reclamation has said that California, Arizona, Navajo Nation and other US states and tribes reliant on the Colorado River should aim to reach agreement by February 1 on slashing water use in response to devastating drought.

No firm deadline has been set for states to forge a consensus but “from a practical standpoint,” the government needs to see a plan by the end of January according to Deputy Commissioner for Operations David Palumbo.

The US government will be ready to mandate water cuts by next summer if needed in absence of a deal, he said at the Colorado River Water Users Association conference in Las Vegas.

January 6th Committee Releases Final Report
The House select committee investigating the Jan. 6, 2021, attack on the Capitol released its highly anticipated final report, capping off the panel’s year-and-a-half-long probe.

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The report, which spans 845 pages, was made public three days after the committee held its final meeting and unveiled several criminal referrals targeting former President Trump. During that presentation, members voted unanimously to adopt the expansive body of work.

The final document includes eight chapters, an executive summary and a list of 11 legislative recommendations, all of which are part of the committee’s responsibility of investigating the events surrounding Jan. 6 and putting forward suggestions to prevent a similar event from happening in the future.
“This report will provide greater detail about the multistep effort devised and driven by Donald Trump to overturn the 2020 election and block the transfer of power,” Rep. Bennie Thompson (D-MS), the chairman of the committee, wrote in a foreword in the report. “Building on the information presented in our hearings earlier this year, we will present new findings about Trump’s pressure campaign on officials from the local level all the way up to his Vice President, orchestrated and designed solely to throw out the will of the voters and keep him in office past the end of his elected term,” he added.

The report was initially set to publish, but the panel did not give a reason for the delay, but the announcement came a few hours before Ukrainian President Volodymyr Zelensky delivered an address to a joint meeting of Congress.

The body of work largely details arguments and evidence the committee laid out during its series of public hearings this year. But for the first time, the panel outlined its full slate of legislative recommendations, including one that seeks to bar Trump from holding office in the future under the 14th Amendment.

The panel argued that Trump should not be allowed to serve in government office because the constitutional amendment prohibits people who “engaged in insurrection” from holding such posts. The committee pointed to Trump’s impeachment by the House on incitement of insurrection, cited the 57 senators who voted to convict him and referenced its criminal referral to the Justice Department on a similar charge.

The committee also recommended increased subpoena enforcement for Congress and more aggressive oversight of the Capitol Police, among other suggestions.

The release of the final report marks the final act of the committee’s sprawling investigation, which has been ongoing since the panel was created in the summer of 2021.

The group held 11 public presentations, interviewed more than 1,000 witnesses and poured over thousands of documents during the past 18 months to understand the events before, on and after Jan. 6.

As a precursor to the publication of the report, the panel made its final public presentation, during which members voted on criminal referrals to the Justice Department that target Trump.

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The panel recommended that the agency investigate Trump for inciting, assisting or aiding and comforting an insurrection; obstructing an official proceeding; conspiracy to defraud the United States and conspiracy to make a false statement.

The referrals, while symbolic, do not have any legal heft because the Justice Department is not required to investigate recommendations from congressional committees.

But they nonetheless marked a significant moment in the committee’s quest to make its case to the American people that Trump was at the heart of a conspiracy to keep himself in the White House.
“In the Committee’s hearings, we presented evidence of what ultimately became a multi-part plan to overturn the 2020 Presidential election,” the report reads. “That evidence has led to an overriding and straight forward conclusion: the central cause of January 6th was one man, former President Donald Trump, whom many others followed.”
“None of the events of January 6th would have happened without him,” the report added.

Ahead of the release of the final report, the committee published the transcripts of a number of witness testimonies — including two conversations the panel had with Cassidy Hutchinson.

During those discussions, the former aide to Trump White House chief of staff Mark Meadows detailed an effort by what she referred to as “Trump World” to lessen the effect of her testimony and hold back information from investigators.

The referrals and release of the report and transcripts come at a particularly tenuous moment for Trump, whose third bid for the White House is struggling to pick up steam amid poor polls and mockery over a new business venture involving digital trading cards.

House Passes Bill Requiring Presidential Tax Audits Scrutiny The House passed a bill that would require annual audits of the president’s tax returns, codifying IRS policy after a congressional committee revealed that the agency did not audit former President Trump during two years he was in office.

The legislation, titled the Presidential Tax Filings and Audit Transparency Act, passed in a 222- 201 vote. Five Republicans joined Democrats in supporting the measure: Reps. Adam Kinzinger (R-IL), Fred Upton (R-MI), Liz Cheney (R-WY), John Katko (R-NY) and Tom Rice (R-SC).

IRS policy requires that sitting presidents are audited every year — which has been the case since 1977 — but the terms are outlined in the agency’s regulatory manual, not federal law. The bill at hand would codify those terms into law.

The House took up the bill after the House Ways and Means Committee voted to release the report of its investigation into how the IRS’s mandatory audit program was run under the Trump administration. The vote also greenlighted the release of six years of Trump’s tax returns, but they have not yet been published because officials are making redactions.

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The report revealed that the IRS did not audit Trump in 2017 and 2018, despite the agency’s mandatory audit program for occupants of the White House. The then-president filed tax returns in 2017 and 2018, but the agency first audited him in 2019. The agency opened the examination on April 3 of that year — the same day Rep. Richard Neal (D-MA), the chair of the committee, asked then-IRS Commissioner Charles Rettig for the president’s tax returns.

The legislation considered specifically calls for audits of presidential tax returns and those of other entities controlled by the commander in chief to be carried out as quickly as possible after the information is filed. Additionally, the bill would mandate that the president’s tax returns are disclosed within 90 days of them being filed.

During debate on the House floor, Neal said his committee began probing the IRS’s mandatory presidential auditing four years ago to understand how the agency “was handling the stress of a president with complex finances.”
“The Committee expected to find that the mandatory examinations were conducted promptly, and that more staff had been dedicated to the program to meet the more rigorous demands.

Instead, after years of stonewalling and litigation ending at the Supreme Court, the Committee found that, for all practical purposes, the mandatory audit program was dormant,” he said. “It wasn’t just functioning poorly — it was not functioning at all,” he added.

The chairman said the “best available recourse” after the agency “failed to administer” its own policy “is for Congress to fill this void with legislation that eliminates the IRS’s discretion in the matter.”
“That’s what we are doing today,” he added.

Republicans stated their opposition to the bill during debate on the floor, while also slamming Democrats on the Ways and Means Committee for voting to release Trump’s tax returns.

Rep. Kevin Brady (R-TX), the ranking member of the Ways and Means Committee, called the bill a “charade” and an “excuse that for years has been used to justify the political targeting of former President Trump.”
The Texas Republican also took issue with the quickness with which the House brought the bill up for consideration.
“We strongly oppose this bill today, not because portions of it doesn’t have merit — some do — but it has serious flaws, of course, because it didn’t exist 48 hours ago. And had it been brought forward four years ago, three years ago, two years ago, as an honest attempt to improve presidential audits, I’m convinced we could have found common ground with no need to expose private tax returns of anyone,” he said.

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“But not now, not this bill, and not this way. Republicans will not support any measure whose only purpose is to provide cover for the political targeting of a private citizen,” he added.

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The Senate amended and passed the
legislation on December 22 by a vote of 68-

29. The House passed the legislation on
December 23 by a vote of 225-201 with 1
member voting present.

President Biden signed the legislation on
December 29, providing funding for all
federal agencies through September 30,
2023.

The Water Resources Development Act
section of the bill authorizes the U.S.

In addition, it modifies the process used
to deauthorize certain inactive water
resources development projects.

The Senate passed it on December 15, 2022
by a vote of 83-11.

President Biden signed the legislation on
December 23, 2022.

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The Senate passed the legislation with a
substitute amendment containing the
week-long continuing resolution on
December 22 by unanimous consent.

The House adopted the Senate amendment
when it adopted a rule for consideration of
other legislation on December 23.

President Biden signed it on December 23.

The substitute amendment was introduced
on Tuesday, September 27. Changes to the
amendment to drop the text of Sen.

Manchin’s permitting reform were released
later in the Day.

The Senate passed the legislation on
Thursday, September 29 and the House
passed it on September 30. The legislation
was signed into law on September 30.

All legislation that was not enacted prior to the end of the 117th Congress expired and will have to be reintroduced.

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

The bill includes $772.5 billion in nondefense discretionary spending and $858 billion in defense funding.

While the bill drew broad Democratic support, only nine Republicans in the House voted for the measure. Eighteen Republicans voted for it in the Senate.

House GOP leaders whipped their members to oppose it, and Minority Leader Kevin McCarthy (R-CA) joined other Republicans in urging Senate GOP lawmakers to oppose it. Some House

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House Republicans joined by some Senate conservatives had argued the GOP would have significantly more sway in spending decisions upon attaining the House majority in January.

While Democrats have acknowledged they wanted more for nondefense spending, the party has also touted a list of investments secured for its priorities in arguing in favor of the omnibus package.

On top of the defense spending, GOP appropriators also highlight the 4.6 percent pay raise for military members.

But that doesn’t mean other Republicans aren’t fuming.

Rashid Tlaib (D-MI) voted “present.”

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The Senate also made changes to the bill during a marathon voting session before final passage, adopting eight amendments.

In a brief unsigned order, the court indicated it would hear arguments on the case in February.

The move comes after the administration urged the Supreme Court last month to clear one of the legal obstacles blocking the policy.

The appeal to be heard by the justices arose after the St. Louis-based U.S. Court of Appeals for the 8th Circuit halted the loan relief program.

Separately, the New Orleans-based U.S. Court of Appeals for the 5th Circuit denied the administration’s request to revive the policy while it appeals a lower court ruling.

Biden’s policy, which the Congressional Budget Office estimates will cost about $400 billion over 30 years, has drawn numerous legal challenges. Its aim is to forgive up to $10,000 in federal

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The administration’s appeal followed a unanimous ruling by a three-judge panel of the 8th Circuit that halted Biden’s massive debt relief plan.

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As some members urge support for McCarthy, his opponents are digging into their position rather than relenting.

Recently, Biggs renewed his challenge to McCarthy as a candidate for Speaker.

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The senators want the Department of Agriculture to use its authority to help Western farmers and ranchers conserve water, improve their water infrastructure and protect lands plagued by drought.

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It provides $45 billion more for defense than called for in Biden’s budget, including allocating $817 billion to the Department of Defense and $30 billion to the Department of Energy.

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The bill is named after retiring Sen. James Inhofe (R-OK), the top Republican on the Senate Armed Services Committee.

The Biden administration criticized the vaccine mandate repeal as “a mistake,” but the president indicated his intent to sign the legislation when it reaches his desk.

Senators approved the legislation after voting down an amendment sponsored by Sen. Joe Manchin (D-WV) to enact permitting reform for energy projects and another sponsored by Sens.

Ted Cruz (R-TX) and Ron Johnson (R-WI) to require the military to rehire and provide back pay to service members forced out of work because of vaccine noncompliance.

Both amendments needed 60 votes to pass.

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The latest conservation effort comes as the Southern California area has experienced three straight years of drought conditions, which resulted in record-low SWP deliveries to the area.

Those mandatory measures are expected to continue through June if substantial rain or snow accumulation doesn’t bring any relief to the ongoing drought problem in the state.

The US government will be ready to mandate water cuts by next summer if needed in absence of a deal, he said at the Colorado River Water Users Association conference in Las Vegas.

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The committee also recommended increased subpoena enforcement for Congress and more aggressive oversight of the Capitol Police, among other suggestions.

The release of the final report marks the final act of the committee’s sprawling investigation, which has been ongoing since the panel was created in the summer of 2021.

The group held 11 public presentations, interviewed more than 1,000 witnesses and poured over thousands of documents during the past 18 months to understand the events before, on and after Jan. 6.

As a precursor to the publication of the report, the panel made its final public presentation, during which members voted on criminal referrals to the Justice Department that target Trump.

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The referrals, while symbolic, do not have any legal heft because the Justice Department is not required to investigate recommendations from congressional committees.

Ahead of the release of the final report, the committee published the transcripts of a number of witness testimonies — including two conversations the panel had with Cassidy Hutchinson.

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Republicans stated their opposition to the bill during debate on the floor, while also slamming Democrats on the Ways and Means Committee for voting to release Trump’s tax returns.

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 10 2023
SUBJECT: Morongo Basin Ambulance Report - December 2022 ATTACHMENTS:
• Call Stats MBA - December
2022

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MBA Before 29 FD MBA & 29 FD Same Response MBA Arived After ALS BLS Total Calls 83 60 104 127 42 261
MBA Before
29 FD
MBA & 29 FD
Same
Response
MBA Arived
After ALS BLS Total Calls
Series1 83 60 104 127 42 261
0 50
100
150
200
250
300
December 2022 Calls

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 10 2023
SUBJECT: Fire Department Emergency Response Report - November 2022 ATTACHMENTS:
• Fire Department Emergency
Response Report - November
2022

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Incident Totals
2 7
2 2
1 12
226
8 18
278
San Bernardino County Fire Area Incident Report
Criteria: 11/1/2022 to 11/30/2022
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Other/Unknown Fire
Traffic Collision
Totals
Incident Type
Vegetation Fire
Vehicle Fire
Medical
Public Service
Structure Fire
Structure Fire - Commercial
Printed on 12/5/2022 10:32 AM Page 1 of 1 Page 52 of 120

STAFF REPORT
TO: City Council
FROM: Information Services Director
FOR MEETING: Jan 10 2023
SUBJECT: SB1383 Education and Outreach Campaign.

RECOMMENDATION:

The City Council approve the quote presented by CV Strategies for an amount not to exceed $42,000.00 to provide education and outreach to comply with SB1383.

ORDER OF PROCEDURE:

Request Staff Report (IS Director Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
•
CVStrat_Quote_29Palms_SB1383
BACKGROUND:

The SB 1383 regulations require that jurisdictions conduct education and outreach on organics recycling to all residents, businesses (including those that generate edible food that can be donated) haulers, solid waste facilities, and local food banks and other food recovery organizations. Recycling organic waste and recovering edible food is a fast track to fighting climate change and improving public health and the environment.

The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021. This non-competitive grant program provides $57,000,000 of funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

City staff applied for and received approval in the amount of $43,262 for this award cycle. Staff presented a project narrative allowing us to meet our Education and Outreach requirements under the mandate.

CV Strategies will create a digital ad campaign explaining proper recycling bin usage, what can be recycled, and what cannot be recycled. This content will be promoted using social media campaigns, radio advertisement, and print media. All ads will be approved by CalRecycle prior to distribution.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

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The City Council could choose not to approve current proposal and provide guidance on Education and Outreach alternatives.

FISCAL IMPACT:

There is no impact to the General Fund. All funds have been approved by CalRecycle from the Local Assistance Grant under SB1383.

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Date: November 23, 2022
Client:

Frank Luckino | City Manager | City of Twentynine Palms 6136 Adobe Road, Twentynine Palms, CA 92277
Scope of Work

TASK DESCRIPTION
NOT TO
EXCEED
COST
Video
Production
» Participate in preproduction strategy discussion/preparation » Capture footage for video with crew of 3 over a full day of shooting a. Director/Producer
b. Drone operator/camera assistant/ camera operator
c. Field producer
» Provide and utilize equipment as follows:
a. Panasonic 4k Professional plus media (fixed LEICA lens) + kit b. Panasonic Gh4 plus operator/camera assistant / Lumix 14-55 lens PKG + kit
c. DJI Ronin-S mounted gimbal and steady camera rig
d. DJI Phantom 4k Pro-grade Drone
e. Senheisser Lavalier audio package (3 mics available in kit) f. Manfrotto Professional grade tripod with Bogen head
g. Mobile LED lighting kit
$4,800
» Produce a series of 3-5 videos of varying lengths.
» Incorporate existing and stock video, as well as existing footage and photography as appropriate b-roll
» Build out animated video elements, including intro/tag and infographics » Craft scripts, pulling quotes and weaving the story together, balancing voiceover and interviews to create a seamless narrative » Design brief animated sequences, as needed to support the narrative » Provide and direct professional network TV-level voice talent » Facilitate basic sound mix and color correction (no CGI) » Provide client with access to any/all raw footage and final cuts on a hard drive for future use
» Provide multiple formats for client use; assist the client in adapting the final product for online distribution
$15,000
Campaign
Management
» Craft campaign look and feel
» Build campaign key messages and call to action
» Develop campaign assets, including digital, print and radio ads » Secure and manage media buy, providing placement logs, click-through rates and analytics, as proof of performance
$8,200
Subtotal $28,000
Proposed Ad
Buy
Radio $2,500
Print (HiDesert Star) $2,500
Billboard (One Month) $1,500
Social Media (Facebook, Instagram, YouTube, Spotify) $2,500 Digital Ads (Geo-fenced & targeted) $5,000
Not to exceed: $42,000
Project Approach: Support outreach for SB1383 by
creating a campaign that encourages engagement
and compliance with organics recycling and
introduces a new green waste bin.

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Rates for Communication Services
» President – $225/hour
» Vice-President – $200/hour
» Account Manager/Specialist – $175/hour
» Design/Video/Photo – $150/hour
» Translator – $125/hour
» Support Staff – $100/hour
Terms & Compensation
Either party may end this agreement by providing written notice to the other party. In the event of termination, CV Strategies shall be paid for all hours and expenses accrued up to the date of termination.

Hard costs incurred by CV Strategies will be billed to the client with a nominal service charge of 10% (not to exceed $250 per item). This includes all anticipated hard costs such as printing, mailing, photography, video, advertising, etc. Required travel mileage will be billed at the published IRS rate.

All services and hard costs will be billed monthly. Invoices should be paid in full upon receipt.

Agreed & Approved
Name Signature
Title Date

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 10 2023
SUBJECT: Development Code Amendment - Pot Belly Pigs.

RECOMMENDATION:

That the City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and tentatively approve Ordinance No. ___, amending the City's Development Code to reflect requirements for keeping miniature pigs as pets.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• Pot Belly Pigs Final Ordinance
BACKGROUND:

The City of Twentynine Palms Animal Control Department has, in recent years, received several inquiries as to whether individual property owners / residences of the City may keep miniature pigs as pets.

As such, for clarification purposes, the City Animal Control Department, with the coordination of the City’s Legal team, have drafted this amendment to the Development Code to allow for a the keeping of potbellied pigs as pets in certain zones and with certain restrictions.

The full text of the ordinance amendment is attached to this staff report. The summary of the changes are as follows, with modified text in redline / strikeout:
1) Section 19.102.020 Definitions would be amended as follows:

Q. Livestock, Large. All large ranch animals including horses, domesticated bovine (cow or ox), livestock and pigs of any type, except miniature pigs.

W. Pig, Miniature. Any domesticated miniature Vietnamese, Chinese, or Asian pot-bellied or pot belly pig not exceeding one hundred twenty-five pounds (125 lbs.) in weight and eighteen inches (18”) in height measured at the shoulder.
2) One miniature pig would be allowed in the following zones, provided that certain restrictions are met:

OSR (Open Space Rural) and RL-1 (Rural Living, 1-acre minimum), RS-1 (Residential, Single Family – 1 dwelling unit / acre) , RS-2 (Residential, Single Family – 2 dwelling units / acre), RS-3

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(Residential, Single Family – 3 dwelling units / acre), and RS-4 (Residential, Single Family – 4 dwelling units / acre)
3) Two pot-bellied pigs would be allowed in the following zones, provided that certain restrictions are met:

RL-2.5 (Rural Living – 2 ½ acre minimum lot size), RL-5 (Rural Living – 5 acre minimum lot size), and RS-E (Residential, Estate – 2 ½ acre minimum lot size) 4) Section 19.102.090 Prohibited Animals would be amended as follows:

B. The following animals are prohibited by the City of Twentynine Palms.

1. Pigs of any type, genus Sus, including hogs, swine, miniature pigs, and Vietnamese pigs, unless in conformance with 19.102.100 (Keeping of Animals) of this Chapter. This prohibition does not apply to miniature pigs kept in compliance with this Chapter. 5) Section 19.102.120 Animal Permits would be amended as follows:

A. Animal Entitlement Permit (AEP).

1. Except in the case of an approved kennel or cattery, the issuance of an AEP allows the custodian to possess exotic animals, and animal(s) in excess of the number allowed by this Chapter, up to a maximum of four additional dogs and/or four additional cats and/or up to two additional pot-bellied pigs.
6) New Section 19.102.240 would supercede the existing section with this number, and all other Sections would be renumbered accordingly. As such, the new section would read accordingly:

19.102.240 Miniature Pigs
A. License, compliance with regulations. Notwithstanding the provisions of this Title, it is unlawful for any person to own or have custody, control or possession of any pot-bellied pig within the City unless such pot-bellied pig is licensed pursuant to the provisions of this Chapter within 10 calendar days upon said pot-bellied pig’s entry to the City and unless said pot-bellied pig complies with the regulations as set forth in this chapter.

B. Licensing procedures. Any person owning or having custody or control of a pot-bellied pig within the City may obtain a license for such pot-bellied pig from the Animal Control Department in accordance with the following procedures:

1. Application. File with the Animal Control Department an application on a form provided by the City.

2. License fee. The application shall be accompanied by a nonrefundable license fee in an amount as may be established by Resolution of the City Council.

3. Veterinary certification. The application shall be accompanied by a statement signed by a licensed veterinarian certifying that the pot-bellied pig has been spayed/neutered, that the pig is in good health and has received all necessary vaccinations, and the height and weight of the pig. Such certification shall be no older than 30 calendar days when submitted to the Animal Control Department.

C. Issuance, term, renewals.

1. Issuance of license. The Animal Control Department shall issue a license for the keeping of a pot-bellied pig on a lot within the City zoned for such use upon the filing of a completed application and a finding that the animal meets the requirements set forth in Paragraphs 1 through 4 of Subsection D of this Section.

2. Term of license. Any license issued pursuant to this Section shall be valid for a period of 1 year from the date of issuance; provided, however, any license expiring on a Saturday, Sunday or holiday, shall be valid until the next work day.

3. Renewals. Any license issued pursuant to this Section may be renewed for periods of 1 year each upon the filing of an application for such renewal with the Animal Control Department accompanied by a nonrefundable renewal fee in an amount as may be established by resolution of the City Council. The renewal application shall be on such form as provided by City. The Animal Control Department shall issue such renewed license unless it is found that the pot-bellied pig is not in compliance with the regulations as set forth in Subsection D of this Section.

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D. Regulations. The owner or person having custody, control or possession of a pot-bellied pig within the City shall comply with the following regulations:

1. Spayed/neutered. The pot-bellied pig shall be spayed or neutered.

2. Weight. The pot-bellied pig shall not weigh more than 125 pounds.

3. Height. The pot-bellied pig shall not exceed 18 inches in height as measured from the shoulder of said animal.

4. De-tusked. Any male pot-bellied pig 2 years of age or older must have his tusks removed.

5. Confinement on premises. Each pot-bellied pig shall be provided with a fenced yard designed to assure that the animal is confined and managed in a safe, clean and odor-free manner when out-of-doors. Notwithstanding any other provision of this Code, the pot-bellied pig may be kept as a pet in the residence on the lot upon which said pot-bellied pig resides.

6. Harness requirements. Each pot-bellied pig while on a street, sidewalk or other public place shall be restrained by a harness and leash or similar restraint not longer than 6 feet in length held by a competent person.

E. Revocation of license. The license for a pot-bellied pig issued pursuant to this Section may be revoked by the Animal Control Department upon the finding that the provisions of Paragraphs 1 through 4 of Subsection D of this Section have been violated and not corrected within 10 calendar days of issuance by the Animal Control Director or a deputy of the Animal Control Director of a notice of such alleged violation or within such longer period as may be specified in the notice of violation. Upon failing to correct the violation within the required time, the Animal Control Director shall issue a written notice of the revocation of the license and the pot-bellied pig must be removed from the City within 10 calendar days thereafter or such longer period as may be set forth in the notice of revocation.

ENVIRONMENTAL:

The project is exempt from the California Environmental Quality Act (CEQA).

ALTERNATIVES:

The City Council could choose to:
1) Deny this Ordinance update, thereby prohibiting miniature pigs as domestic pets; or 2) Suggest any further modifications to the proposed Ordinance amendment.

FISCAL IMPACT:

None.

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2905/014122-0001
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CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TWENTYNINE PALMS AMENDING IN ITS ENTIRETY TITLE 19,
CHAPTER 19.102 OF THE TWENTYNINE PALMS MUNICIPAL CODE

PERTAINING TO THE REGULATION OF ANIMAL KEEPING
WHEREAS, the City of Twentynine Palms (“City”) has established Chapter

19.102 of the Municipal Code (“Municipal Code”) to provide reasonable standards for the control of domestic animals which improves the quality of life for residents and visitors, improves residential areas, reduces hazards and public nuisances which can result from domestic animals, ensure a safe environment in which to live and preserves the City’s quality and character.; and
WHEREAS, Miniature pigs are increasing in popularity as domesticated pets, and
WHEREAS, the City Council believes that an amendment to Chapter 19.102 permitting the keeping of pot-bellied pigs in limited amounts with reasonable controls and safeguards will protect property rights while properly and effectively protecting property values in the City; and
WHEREAS, City staff have analyzed and determined that the revisions to Title 19, Chapter 19.102 of the Municipal Code are not considered a “project” pursuant to CEQA.

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

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

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

SECTION 3. Title 19, Chapter 19.102 of the Twentynine Palms Municipal Code is hereby amended to read in its entirety as set forth in the attached Exhibit A.

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

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

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

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Twentynine Palms at a regular meeting on the ___day of February 2023.

MacArthur Wright
Mayor
ATTEST:
_______________________________
Cindy Villescas
City Clerk
APPROVED AS TO FORM:

A Patrick Munoz, City Attorney

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I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 10th day of January, 2023 and duly adopted by the City Council of the City of Twentynine Palms in a regular meeting held on the ___ day of February, 2023, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
_______________________________
Cindy Villescas,
City Clerk

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EXHIBIT A
Chapter 19.102 Animal Keeping

19.102.010 Purpose
The purpose of this Chapter is to provide reasonable standards for the control of domestic animals which improves the quality of life for residents and visitors, improves residential areas, reduces hazards and public nuisances which can result from domestic animals, ensure a safe environment in which to live and preserves the City’s quality and character.

This Chapter will allow for keeping of animals in limited amounts with reasonable controls and safeguards that will protect property rights while properly and effectively protecting property values in the City.

19.102.020 Definitions
A. Abandon. To leave or release any animal, confined or unconfined, without care and attention.

B. AEP. Animal Entitlement Permit.

C. Animal. Except for humans, any living, breathing creature, including mammals, birds, rodents, dogs, livestock, pets, reptiles, insects, fish, horses, or other non-human creature, whether wild or domestic.

D. Animal Control Officer. Any person duly appointed by the City Manager, and authorized to act in his behalf in the enforcement of the Animal Codes and Ordinances, and shall include any peace officer, deputy sheriff, Code Enforcement Officer, citizen patrol officer, or other person employed by City Animal Control.

E. Cat. A domestic cat of the species Felis catus, including its young or kittens.

F. Cattle. All species of bovine.

G. CFAC. California Food and Agriculture Code.

H. CPC. California Penal Code.

I. Custodian. Any person owning, or having control, care, charge, custody, or possession of any animal.

J. Dog. An animal, domestic dog of the species canine of either sex, altered or unaltered, that has reached the age of four months.

K. Enclosure. A fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons.

L. Exotic Animal. Any animal that is not normally considered a pet. Exotic animals would include, but are not limited to, domestically bred raccoons, wolves, and wolf hybrids. (Requires additional AEP.)

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M. Home Kennel or Cattery. Home-based breeding of dogs or cats owned by the resident.

Includes home dog or cat breeding.

N. Horse. Animal of the Equus genus, including mule, ass, donkey, and miniatures.

O. Impoundment. The seizing or picking up of an animal by a duly authorized person and bringing same into the animal shelter for confinement, custody, and disposition.

P. Kennel/Cattery, Commercial. Commercial keeping, breeding, caring, boarding, training, or marketing of dogs and/or cats. Requires a facility specified in Section 19.102.210 (Kennels and Catteries). Kennel requirements shall not apply to animal shelters operated by governmental agencies, or to pet stores.

Q. Livestock, Large. All large ranch animals including horses, domesticated bovine (cow or ox), livestock and pigs of any type, except miniature pigs.

R. Livestock, Small. All domesticated caprine (goat), ovine (sheep), pygmy goats, miniature animals including miniature pigs, llamas, alpacas, ostriches, or other similar animals.

Livestock (small) shall not include pigs, pot-bellied pigs, horses, miniature horses, miniature cows, donkeys, or burrows.

S. Owner. Any person or custodian who owns an animal, keeps an animal or has charge, care, custody or control of an animal.

T. Person. Any person, animal owner, custodian, firm, partnership, corporation, trust and any association of persons.

U. Pet. Any animal that is kept and cared for, for companionship, protection or adornment of a home. Pets shall include but not be limited to: dogs, rabbits, cats, caged homing pigeons, nonpoisonous insects, ornamental or songbirds, fish, nonpoisonous snakes under 6 feet long, domesticated hedgehogs, or small animals kept in a cage such as hamsters, lizards, white mice, domestic rodents, or reptiles. Pets shall not include horses, pigs of any type, large or small livestock, or exotic animals.

V. Pig. All species and sizes of pigs and hogs, genus Sus, excluding pot-bellied pigs. All pigs are prohibited in the City unless in conformance with 19.102.100 (Keeping of Animals) of this Chapter.

X. Potentially Dangerous Dog (CFAC 31602).

1. Any dog which, when unprovoked, on two separate occasions within the prior 36- month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the custodian and the dog are off of the property of the custodian of the dog.

2. Any dog which, when unprovoked, bites a person causing punctures or wounds that do not result in muscle tears or disfiguring lacerations, and does not require multiple sutures or corrective or cosmetic surgery.

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3. Any dog which, when unprovoked, on two separate occasions within the prior 36- month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic dog off of the property of the custodian of the dog.

Y. Poultry. Winged and feathered animals including, but not limited to, chickens, hens, roosters, ducks, geese, and turkeys.

Z. Premises. Any dwelling, parcel of land, structure, residence, building, pen, corral, enclosure, fenced yard, or dog run.

AA.Prohibited Animals. Animals not allowed by the state of California or the City of Twentynine Palms.

BB. Property. A piece or parcel of land or real estate, including buildings and easements.

CC. Residence. A place or structure constructed for the expressed purpose of people living in it, including houses, apartments, and multi-family buildings. This includes the surrounding yard or grounds that belong to that structure.

DD.Stable, Horse. Riding academy, or any place where horses are rented or held for rent to the public, or where such horses are stabled, kept, or maintained for a fee, or where horses are boarded or cared for by a person or persons other than their owner.

EE. Stray. Any animal that is loose, unconfined or beyond the control of its custodian.

FF. Unlicensed Dog. Any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this Code is not attached.

GG. Vicious Animal.

1. CFAC 31603 (a). Any dog seized under CPC 599aa upon the conviction of the owner under CPC Section 597.5 (a).

2. CFAC 31603 (b). Any dog which, when unprovoked and in an aggressive manner, inflicts a severe injury or kills a human being. (Severe injury is physical injury to a human being resulting in muscle tears or disfiguring lacerations, or requires multiple sutures, or corrective or cosmetic surgery).

3. CFAC 31603 (c). Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in Section 31602 of the CFAC or is maintained in violation of Sections 31641, 31642, or 31643 of the CFAC.

HH.Wild Animal. Any animals, whether captive born or caught in the wild, that have not been domesticated, (i.e., have not been genetically controlled over a very long period of time), and specifically adapted to live in close proximity to humans. This includes but is not limited to lions and tigers as well as other dangerous or venomous mammals, fowl, fish or reptiles.

19.102.030 Control of Animals
A. Stray Animals.

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1. No custodian of any animal shall permit such animal to stray or run at large upon any public property or street, public right-of-way, parking lot, sidewalk, school ground, public park, playground, place of public assembly or any other public place, or any unenclosed private lot or other unenclosed private place, or upon any private place or property without the consent of the property owner or person in control thereof.

2. Limited Exemption.
a. Cats may stray or roam free unless they become a nuisance, and are caught or contained by a complaining party.
b. Cats caught or contained by a complaining party may be impounded by Animal Control, with all applicable fees to be paid prior to its release to its owner or claimant.

B. Personal Control of Dog. No person may lawfully bring his dog out of his premises or property, unless:

1. Said dog is restrained by a substantial leash not to exceed 6 feet in length and is in the charge of a person competent and physically capable of restraining such dog, and is in an area where dogs are permitted; or

2. Said dog is contained or enclosed in a portable cage or animal carrier; or

3. Said dog is on unenclosed private property, with permission of property owner; said dog is under immediate and obedient command control of its owner or some other person competent to control such dog in that manner; and said dog does not stray from that private property.

C. Animal Attack. It is unlawful for the owner of any animal to fail to control, restrict or confine any animal so that it attacks, harasses or bites any person or animal. This does not apply to police dogs in the performance of their duty, or trained guard dogs functioning in their designated capacity, on the property they were protecting.

D. Animals Prohibited in Parks. Notwithstanding any other section to the contrary, no person owning or having control, care, charge, custody or possession of any animal shall bring such animal (except any licensed service animal assisting its assigned person, or an animal legally in training for such duty) into or upon a public park, or public recreation area; nor shall any such person otherwise allow or permit, knowingly or unknowingly, such animal to enter or remain in a public park or public recreation area, including associated sidewalks and parking lots. However, this section shall not apply to any person participating in a dog training class, dog show, or other animal activity in such public park or public recreation area necessarily involving the attendance of the animals, being conducted under the sponsorship of or pursuant to written permission of the City Department of Community Services.

19.102.040 Care of Animals
A. It is unlawful for any person to keep an animal confined in an area that is inadequate for its size so that it cannot stand, turn around, lie down and stretch out.

B. It shall be unlawful for any person to permit the animal to be kept or placed in any building, vehicle, structure or place, without proper care and attention.

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C. It shall be unlawful for any person to keep any animal without providing water and shelter at all times, or fail to feed the animal at least once a day.

D. It shall be unlawful for any animal to be left in a vehicle, structure, or in any other place, when, in the determination of an Animal Control Officer, such placement would present a danger to the health of the animal due to excessive heat, lack of adequate ventilation, lack of water, or other dangerous situation. When such conditions are observed, forcible entry may be made and the animal impounded.

E. It shall be unlawful for any custodian to fail to care for an animal that is under that person’s control.

F. It is unlawful to abandon any animal.

G. It is unlawful for any person to tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object for a period of time not to exceed three hours in a 24-hour period unless the custodian is with the dog at all times.

1. A person may attach a dog to a running line, pulley, or trolley system for a time not to exceed three hours in a 24-hour period.
a. The dog shall not be attached to a running line, pulley, or trolley system by means of a choke collar or pinch collar.
b. The line attached to the dog shall not be capable of wrapping around, catching, or being captured by any pole or inanimate object or other dog.

2. Dogs must have access to shade, shelter, and clean water at all times.

19.102.050 Impounding Animals
A. Animals may be impounded by an Animal Control Officer for any of the following reasons:

1. Any animal found straying, running at large, running loose, or unrestrained upon any public street, public right-of-way, school ground, public park, playground, public assembly, or any other public place, or any private property or place without the consent of the property owner or person in control of such property or place.

2. Any animal found to be without access to water and shelter.

3. Any animal in need of veterinary assistance or euthanasia due to illness or injury, and an owner cannot be located or fails to take the animal to a veterinarian when directed by the Animal Control Officer.

4. Any animal found to be abused, injured, physically distressed, or failing to thrive due to neglect, and an owner cannot be located or fails to provide proper care for the animal when directed by the Animal Control Officer.

5. Any animal that reasonably appears to have been abandoned.

6. Any animal in physical danger or distress. This includes any animal left inside any vehicle, structure or any other place, when, in the determination of an Animal Control Officer, such placement presents a danger to the health of the animal due to excessive heat, lack of adequate ventilation, lack of water or other dangerous condition. This includes animals left outside without access to shade or shelter.

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7. Any animal restrained in any manner that restricts its ability to move or reach shelter, safety, or water, including but not limited to being wrapped up in a cable or chain, or having such chain or cable wrapped around any object, and an owner cannot be located, or the situation reoccurs after the owner was warned or the property posted with a warning.

8. Dogs which are not wearing a current City rabies tag, or are unvaccinated.

9. Prohibited animals.

10. Any animal involved in an attack or aggressive behavior toward people or other animals.

11. Any animal which, upon complaint, is a noise nuisance due to barking or whining, or any other noise between the hours of 8:00 p.m. and 8:00 a.m., and where no owner or custodian is present, or such owner or custodian is unable or is unwilling to stop the offending noise.

B. Prohibited Impoundment.

1. A dog shall not be seized or impounded, or its owner cited for dog running loose, when the dog has not strayed from and is upon private property with permission of property owner or resident.

2. A dog shall not be impounded when it strays from, and then returns to, the private property of the custodian, and the custodian is present. The custodian, however, may be cited. If no one is home, the dog may be impounded, providing the house is posted with a Notice of Violation.

C. Citizen Impounding Animal.

1. Any person who finds any animal which has strayed or is loose upon public property or his own property, and the owner of the animal is not present, may take possession of and hold same; provided that he shall notify Animal Control of the fact that he has such animal in his possession, within four hours after securing possession of such animal.

2. If such person takes possession of the animal during days or times Animal Control Officers are off duty, a message left on the answer phone at the Animal Control office, giving the description and location of the impounded dog, will allow the person to possess the dog until Animal Control Officers are able to respond on the next work day, even if this time exceeds four hours.

3. Any person that captures a stray animal when Animal Control is closed may bring the animal to Animal Control and place it in any available outside pens, leaving information concerning when and where the animal was found.

19.102.060 Animal Control Officer/Code Enforcement Officer Authority A. Animal Control Officers and Code Enforcement Officers shall have the authority to enter upon any area, property, vehicle, structure, or premises to enforce the provisions of this Code, and are authorized to do and perform any and all acts necessary to carry out the provisions of this Code and the laws of the state of California and the City of Twentynine Palms pertaining to animals.

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B. It is unlawful for any person to willfully resist, delay, interfere with, or obstruct any Animal Control or Code Enforcement Officer, in the discharge or attempted discharge of any duty of his or her office or employment.

19.102.070 Animal Traps
A. Live traps may be used to capture stray animals.

B. It shall be unlawful for any person, not so assigned or directed by an Animal Control Officer, to move, remove, or take any trap owned by the City.

C. It shall be unlawful for any person, other than an Animal Control Officer, to release any animal that has been caught in a trap owned by the City unless directed by an Animal Control Officer.

D. It shall be unlawful for any person to damage, interfere with, tamper with, spring, or make nonfunctioning any trap owned by the City.

19.102.08 Wild Animals
A. Feeding.

1. It shall be unlawful to feed or, knowingly or unknowingly, provide breeding habitat for wild pigeons.

2. It shall be unlawful to feed any wild, carnivorous mammal.

B. Possession. Wild animals may be possessed by a custodian if all of the required state permits are obtained, and if a City Conditional Use Permit and Animal Permit are issued.

19.102.090 Prohibited Animals
A. The state of California prohibits a number of animals, including but not limited to primates—apes and monkeys, including rhesus, cynomolgus, and macaque—and ferrets.

B. The following animals are prohibited by the City of Twentynine Palms.

1. Pigs, genus Sus, including hogs or swine, unless in conformance with 19.102.100 (Keeping of Animals) of this Chapter. This prohibition does not apply to miniature pigs kept in compliance with this Chapter.

2. Snakes over 6 feet long.

3. Wild animals, unless in conformance with Subsection 19.102.080.B of this Chapter.

4. Poisonous or venomous animals.

5. Piranha fish.

6. Beekeeping, hobby or commercial.

7. Any animal prohibited by the state of California.

19.102.030 Keeping of Animals
A. It shall be unlawful to keep a number of animals exceeding the numbers set out in this Ordinance, except as may be otherwise approved by kennel or cattery license or land use permit.

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B. Nuisance. Pets may be kept on any residentially zoned property in the maximum numbers identified in Subsection 19.102.100.F, provided the keeping of said pets does not constitute a nuisance.

C. Animals, including horses, may not be kept on a property as a primary use, but only as an accessory use except where specifically allowed by the applicable land use district.

D. Keeping of livestock requires payment of fee determined by the City Council.

E. See City Development Code for applicable land use district requirements.

F. Limitation on number of animals.

1. In land use districts that allow large or small livestock, all of these animals are prohibited on parcels less than 1 acre in size. The density for large livestock shall be one large livestock animal per quarter acre, with a maximum combined total of six large livestock animals, regardless of the acreage in excess of 1 acre unless otherwise allowed by this Chapter or the City’s land use codes.

2. Only the following animals may be kept in the following land use zones up to the maximum numbers listed except where they create a public nuisance regardless of their numbers.
a. OSR (Open Space Residential).
i. Four dogs and four cats.
ii. Total of 25 birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.
iii. One miniature pig meeting the requirements contained in Section

19.102.240.
b. RL-1 (Residential, Rural Living).
i. Three dogs and three cats.
ii. Total of 25 birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.
iii. One miniature pig meeting the requirements contained in Section

19.102.240.
iv. On parcels of at least 1 acre, one large or small livestock animal is allowed per quarter acre. The maximum combined total of all large and small livestock is six, regardless of the acreage in excess of 1 acre. c. RL - 2.5 (Residential, Rural Living).
i. Three dogs and three cats.
ii. Total of 25 birds, including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.
iii. Two miniature pigs meeting the requirements contained in Section

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vi. On parcels of 2.5 acres or larger, the maximum combined total of all large and small livestock is 12, regardless of the acreage in excess of 2.5 acres. d. RL-5 (Residential, Rural Living).
i. Four dogs and four cats.
ii. Poultry, 100 per acre.
iii. Total of 25 birds (except poultry), including, but not limited to, ornamental birds, parrots, songbirds, or caged pet pigeons.
iv. Two pot-bellied pigs meeting the requirements contained in Section

19.102.240.
v. On parcels of 1 acre or larger, one large livestock animal is allowed per quarter acre, up to a maximum of large livestock animals. vi. On parcels of 1 acre or larger, one small livestock animal is allowed per quarter acre, up to a maximum of 12 small livestock animals. vii. On parcels of 5 acres or larger, the maximum combined total of all large and small livestock is 12, regardless of the acreage in excess of 5 acres. e. RS-1 (Residential).
i. Three dogs and three cats.
ii. One miniature pig meeting the requirements contained in Section

19.102.240.
f. RS-2 (Residential).
i. A combined total of three dogs and cats, not to exceed two dogs. ii. One pot-bellied pig meeting the requirements contained in Section

19.102.240.
g. RS-3 (Residential).
i. A combined total of three dogs and cats, not to exceed two dogs. ii. One miniature pig meeting the requirements contained in Section

19.102.240.
h. RS-4 (Residential).
i. Two dogs and two cats.
ii. One miniature pig meeting the requirements contained in Section

19.102.240.
i. RS-E (Residential, Estate).
i. Three dogs and three cats.
ii. Total of 25 birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.
iii. Two miniature pigs meeting the requirements contained in Section

19.102.240.
iv. On parcels of 1 acre or larger, one large livestock animal is allowed per quarter acre, up to a maximum of six large livestock animals. v. On parcels of 1 acre or larger, one small livestock animal is allowed per quarter acre, up to a maximum of 12 small livestock animals. vi. On parcels of 2.5 acres or larger, the maximum combined total of all large and small livestock is 12, regardless of the acreage in excess of 2.5 acres. j. RM (Residential, Multi-Family). One dog and one cat.

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k. CG (General Commercial). One guard dog.
l. CO (Office Commercial). One guard dog.
m. CT (Tourist Commercial). One guard dog.
n. CN (Neighborhood Commercial). One guard dog.
o. CS (Service Commercial). One guard dog.
p. IC (Community Industrial). One guard dog.

G. Exceptions.

1. Equestrian Area.
a. City Council Resolution 09-26 adopted an equestrian area bordered by Adobe Road to the east, Mesquite Springs Road to the west, Amboy Road to the south and Valle Vista to the north.
b. The equestrian area allows a greater number of horses to be kept on the property under the following circumstances.
i. No more than four horses per acre, or fraction thereof (i.e., one horse per quarter acre), with no upper limit, may be kept on any lot or parcel designated an equestrian area.
ii. If an excess of 10 horses is requested or kept, a Site Plan Review shall also be required prior to the establishment of the additional horses.

2. No horses may be kept in any area designated as a “non-equestrian area” and any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a nonequestrian area by City Council resolution.

H. Exotic Animals.

1. Exotic animals require an Animal Entitlement Permit.

2. Dangerous exotic animals, such as wolves or wolf hybrids, must be kept in an enclosure inspected and approved by Animal Control.
a. The enclosures for dangerous exotic animals shall be chain link, brick, or concrete, with roof, floor, and door that is kept locked so that entry cannot be made by unauthorized persons. Enclosure shall provide shade and shelter at all times of the day, and water must be provided at all times. b. Wolves or wolf hybrids shall not be permitted to be outside of their enclosure or its owner’s residential structure at any time, except when on a substantial leash, not over 6 feet in length, held by a person physically capable of controlling the animal.

19.102.110 Disposition of Animals
A. Sick or Injured Animal. Any Animal Control officer impounding an animal shall make a reasonable attempt to notify the custodian of the animal as soon as possible. If such animal is not claimed and the applicable fees are not paid within the time limit specified by state law or San Bernardino County Code, the animal shall be adopted out or destroyed in accordance with the provisions of this Code.

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B. City Animal Control Officers having custody of any impounded animal may, by humane methods, summarily destroy the same in accordance with California state laws if:

1. The animal is seriously injured, or suffering from any incurable or contagious disease and the custodian is unknown, or cannot be immediately contacted. Should the custodian of a euthanized animal be identified, the custodian of said animal shall be notified of its destruction as soon as practicable.

2. An impounded animal, which has been kept for the period of time required by law, which has not been redeemed or adopted.

C. Potentially Dangerous or Vicious Animal. If there is probable cause to believe that a dog is potentially dangerous or vicious, and the custodian is known, the Animal Control Officer shall schedule a vicious animal or potentially dangerous animal hearing pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Chapter prior to disposing of the dog.

D. Redeeming Impounded Animals.

1. An impounded dog may be redeemed by payment of a fee in addition to any impound charges, any medical fees and any other charges for each day the dog has been held.

2. Any impounded dog or cat that is over four months old shall not be released from the pound unless it is licensed in accordance with the provisions of this Code.

E. Fees pertaining to animals shall be as set forth in the City Council adopted fee schedule.

19.102.120 Animal Permits
A. Animal Entitlement Permit (AEP).

2. An AEP may be issued by the Animal Control upon receipt of a completed application on forms provided by the City and receipt of a cost recovery fee as established by City Council fee schedule.

3. A granted AEP is valid only for the specific animals, property and owner identified in the application. Such an AEP is neither transferrable to another property or another owner of the same property, nor applicable to any other animal or other type of animal or animal owner other than the ones identified in the permit.

4. The AEP is subject to revocation if any of the provisions or conditions are not adhered to.

5. It is unlawful to keep or possess any animal subject to a revoked AEP.

6. In granting or denying an AEP, the Animal Control Officer shall apply the following criteria:
a. There are unusual or extenuating circumstances that warrant the consideration of the permit.
b. The property in question is suitably sized and equipped to accommodate the requested additional animals without creating noise or odor problems.

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7. The residences abutting or within 300 feet are given written notice of the consideration of the request and are given at least 10 business days to respond in writing expressing any concerns.

8. In no case shall an AEP for additional animals be granted on property that is registered as a location for a dangerous or vicious animal, is currently in violation of any City Codes or Ordinances, or for any party that has a history of animal complaints or violations. a. In granting an AEP, the Animal Control Officer may set a time limit provided that the permit shall be valid for at least six months.
b. If at any time after the issuance of an AEP, the Animal Control Officer determines through the receipt of sufficient evidence, that the additional animals have become a nuisance or a problem to the area, the Animal Control Officer may suspend or revoke the AEP, subject to the applicant’s right of appeal.

9. The Animal Control Officer shall render a decision on the granting or denial of an AEP within 15 business days after finding the application complete. Written notice of the decision shall be given to the applicant and any person who has responded to the proposal in writing.

10. If the AEP application is denied, revoked, or suspended, the applicant may appeal such action or decision to the Planning Commission. If the AEP is approved, any neighbor of the applicant that is affected by the approval may appeal that approval. All appeals shall be processed in accordance with Section 19.28.120 (Appeals).

B. Exotic Animals.

1. Prior to bringing an exotic animal into the City, the applicant must have an approved AEP, and must have installed a cage or enclosure on his property that meets the requirements of Animal Control Department.
a. When submitting an Animal Permit application for an exotic animal, the applicant must submit a Site Plan and plans for any exterior enclosure or cage. b. Fees shall be specified in the City’s fee schedule adopted by the City Council.

19.102.130 Location of Domestic Animals
A. Except as otherwise approved by kennel license, pens, stables, barns, kennels, corrals or similar structures used for the keeping of permitted animals may be erected, placed or maintained only as follows:

1. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within 20 feet of any dwelling on the same lot or parcel of land; and

2. No pen, corral, stable or other animal enclosure shall be constructed or maintained within 75 feet of any front lot line; and

3. No pen, corral, stable or other animal enclosure shall be constructed or maintained within 75 feet of any side street or closer to any side street line than a distance equal to one-half of the width of the lot or building site abutting such side street, whichever distance is lesser; and

4. No pen, corral, stable or other animal enclosure shall be constructed or maintained within 15 feet of any interior side lot line or rear lot line.

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19.102.140 Public Nuisance, Animals or Property
A. It shall be unlawful, and a public nuisance, for any person to keep, feed, or maintain any animal or group of animals or any condition, regardless of the number of animals permitted, in any manner so as to constitute a danger, nuisance, disturbance, hazard or menace to a person or the property of another, or a detriment to the public health, safety or general welfare of the community.

1. This shall include, but is not limited to, any condition resulting in insects, wild pigeons, rodents, or other pests. It shall also include, but is not limited to, the failure to remove animal waste; allowing excessively disturbing or offensive odor, behavior, or noise, such as barking, whining, growling, or bleating; or allowing any animal, except for pet felines, to run loose off of the custodian’s property.

2. Notification of nuisance. When an animal or property is determined to be a nuisance, the owner of such animal or property shall be notified of the violation and may be cited with the appropriate code violation or the Animal Control Officer may schedule a nuisance abatement hearing in accordance with the abatement procedure in Section

19.102.160 (Administrative Hearing Procedure).

B. Impounding Nuisance Animal. Any animal that is being kept or maintained in a manner that constitutes a nuisance, or whose actions constitute a nuisance, may be impounded pending a Nuisance Abatement Hearing.

C. Animal Waste.

1. The custodian of any animal shall not permit, either willfully or through failure to exercise due care or control, any such animal to defecate or urinate upon public property, park, sidewalk, or building used by the public, or upon any private property not owned or occupied by the custodian of the animal.

2. Where any animal defecates on property not owned by the custodian, the custodian of the animal shall immediately clean up, remove, and dispose of the waste in an appropriate manner.

3. Animal custodians may not allow animal waste to accumulate on their property.

19.102.150 Filing Animal Nuisance Complaints
A. Citizens may initiate an animal complaint by contacting the City’s Animal Control Department.

1. Animal nuisance complaints.
a. If the Animal Control Officer observes an animal violation, the officer may warn the custodian or issue the custodian a citation, including impounding the animal if the situation warrants it.
b. If the Animal Control Officer does not observe the violation, the officer cannot issue a citation as the complainant. The complainant does have the right to sign a ticket that will be issued to the custodian of the animal. This will require the complainant to identify the animal that was in violation and the person he/she wants to cite. The

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complainant must then sign a citation, complete a sworn statement, and agree to appear and testify at any scheduled hearing or trial.
c. The Animal Control Officer may schedule an administrative hearing to resolve the animal nuisance problem.

B. Corrective Measures Prior to Administrative Hearing. If the custodian of the animal takes necessary corrective measures in advance of the hearing and so notifies the Director of Animal Control or his/her designee, or develops a plan to correct the problem(s) which is acceptable to the Animal Control Department, the hearing may be canceled or postponed.

C. Animal Remains a Danger Prior to Administrative Hearing.

1. If an animal exhibits behavior that constitutes a threat or danger to public health or safety, or it harasses or attacks other animals, and the owner is unwilling or unable to correct the situation immediately, the animal may be impounded prior to a hearing. a. The animal shall be kept at the City’s Animal Control facility or with a veterinarian designated by the owner, at the owner’s expense.
b. Considering the potential danger or menace to public safety, the animal impounded pending a potentially dangerous or vicious animal hearing may remain impounded during the entire hearing and appeal process. Should the hearing or appeal result in the animal being returned to the owner, the owner shall be responsible for payment of all fees and charges prior to the release of the animal. Failure of the owner to redeem the animal within 10 days of its ordered release will result in the animal being euthanized.

D. Prohibited Destruction of Dog Believed to be Potentially Dangerous or Vicious, Prior to Hearing. California Food and Agriculture Code (CFAC) Section 31645 provides that destruction of a dog believed to be potentially dangerous or vicious may only occur after notice to the dog owner and an administrative hearing pursuant to CFAC Section 31621, unless the dog owner signs the dog over for destruction. If the owner of the dog fails to pick up the dog within 10 days of the dog being available for release, the dog may be adopted out or destroyed.

19.102.160 Administrative Hearing Procedure
A. A hearing officer shall be a Code Enforcement Officer, Community Development Director, City Official, City Manager, or Animal Control Officer, from this City or another City. The hearing officer shall not have any personal involvement in the case to be heard.

B. When an administrative hearing is scheduled, all property owners within 300 feet of the subject property shall be notified by mail of the date, time and location of the hearing.

Said notice shall be given not less than 10 calendar days before the hearing is scheduled to be held.

C. The City’s administrative hearings are limited civil cases, and shall be open to the public.

The hearings shall be held to hear and dispose of complaints concerning animal nuisances, or potentially dangerous or vicious animals. A jury shall not be available. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this Chapter.

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D. When an administrative hearing has been scheduled to determine whether an animal is a nuisance, or potentially dangerous, or vicious, the custodian of the animal shall be served personally with Notice of the Hearing, or it shall be sent to him/her by certified mail (return receipt requested). At the hearing he/she may present evidence as to why the animal should not be declared a nuisance, or potentially dangerous, or vicious.

E. The hearing shall be held within no less than 5 business days nor more than 10 business days after service of the notice upon the custodian (CFAC 31621).

F. Whenever possible, any complaint received from the public, which serves as evidentiary basis for the Animal Control Officer to find probable cause, shall be verified and sworn to by the complainant and shall be attached to the complaint. The hearing officer shall admit into evidence all relevant evidence including incident reports, photos, medical reports and receipts, and the affidavits of witnesses. The officer may limit the scope of discovery, and may shorten the time to produce records or witnesses (CFAC 31621).

G. The hearing officer may find, upon a preponderance of the evidence, that the animal is a nuisance, and/or is potentially dangerous or vicious and shall make other orders authorized by CFAC 31621 that will remedy the nuisances.

H. The custodian of the animal shall be notified in writing of the determination and orders issued, either personally or by certified mail (return receipt requested).

I. Custodians of animals that are found to be potentially dangerous or vicious at the administrative hearing shall comply with the requirements specific to each type of designation in this Chapter, and with any other requirements that the hearing officer orders.

J. Upon completion of the hearing, the hearing officer shall determine by a preponderance of the evidence:

1. Whether the evidence placed on the record is sufficient to support the allegation; and

2. If findings are supported, determine the manner in which said nuisance shall be abated and the date by which said nuisance shall be abated.

K. Within 10 business days of the completion of the hearing, the hearing officer shall issue a written order to Animal Control Department and the custodian of the animal, informing them of the hearing officer’s decision.

L. If the hearing officer rules that the animal is potentially dangerous or vicious, the hearing officer may establish a time schedule to ensure compliance with this Chapter, but in no case more than 30 days subsequent to the date of the hearing officer’s decision, or 35 days if the service of the decision is by certified mail (return receipt requested) (CFAC 31622 (b)).

M. The animal shall not be released until all of the conditions at the animal’s residence are in compliance with the hearing officer’s orders, and compliance is verified by Animal Control.

N. If the owner or custodian fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued. Failure of the animal owner or custodian

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to appear, or receive notice of the hearing, shall not affect the validity of any proceedings under this Chapter.

O. The animal owner may stipulate in writing that the animal is potentially dangerous or vicious, as alleged in the complaint or petition, agree to all of the conditions for such animal, and the hearing shall not be held.

19.102.170 Appeals
A. Review of Hearing Officer’s Decision.

1. The decision and determination of the hearing officer shall be reviewed by the Community Development Director or his/her designee on appeal within 5 business days following the conclusion of the hearing.
a. If the Director finds that the actions of the hearing officer are in compliance with the provisions of this Code, the Director shall affirm the hearing officer’s decision and determination, notifying the defendant of such affirmation within 10 business days. i. The custodian of the animal has 10 business days to claim the animal, paying all of the impounding, boarding and medical bills and fees. ii. Should the custodian fail to pay all of the impounding, boarding and medical bills and fees the animal shall not be released, but shall be processed as a normal unclaimed animal after the 10-day period.
b. If the Director finds that the decision of the hearing officer was not in conformance with the provisions of this Code, the Director shall overturn the decision and determination of the hearing officer, notifying the defendant of such action. i. In the event that the hearing officer’s decision is overturned, the animal will be released to the custodian without charges, penalties or fees, except for annual City licensing fees, if needed.

B. Appeal of Hearing Officer’s Order.

1. Any person who is affected by the hearing officer’s order may appeal the decision pursuant to Section 19.28.120 (Appeals). In cases where an appeal is filed, abatement by the City shall be stayed until such time as a decision is rendered by the appeal authority.

2. At the time and place for such appeal hearing, the Planning Commission shall hear from staff and shall receive all relevant oral and written evidence on the alleged violation.

3. If the animal is in custody at the time of an appeal, the animal shall remain in custody until all appeals are exhausted.

C. Notice of Planning Commission Decision.

1. If the Planning Commission finds from the evidence presented at its hearing that the action taken was in conformity with the provisions of this Chapter, it shall require compliance with the original hearing officer’s order within 30 calendar days after the mailing of the Planning Commission’s order to the owner or custodian of the animal, unless a period of time in excess of 30 calendar days is specifically authorized.

2. A copy of the Commission’s order shall be mailed to the complainants, the owner or custodian of the animal, and to any other person requesting the same, within 5 business days after conclusion of the Planning Commission’s hearing and decision. The

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Commission’s decision shall be final and conclusive unless appealed to the City Council pursuant to Section 19.28.120 (Appeals).

3. If the nuisance is not brought into compliance within the 30-day period or within such longer period as the Commission may provide, the Animal Control Officer or Code Enforcement Officer is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance.

19.102.180 Potentially Dangerous and Vicious Animals
A. Complaint of Potentially Dangerous or Vicious Animal.

1. It is unlawful for an animal to attack or be aggressive toward any person or other animal.

2. In addition to a citation, the Animal Control Officer may schedule an administrative hearing pursuant to Section 19.102.160 (Administrative Hearing Procedure) to determine whether the animal should be declared potentially dangerous or vicious.

B. Exemptions. Exemptions for dog attacks pursuant to CFAC 31626 are:

1. No dog may be declared potentially dangerous or vicious if it injures any person who, at the time the injury was sustained, was committing a willful trespass or other tort upon premises occupied by the custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

2. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

3. No dog may be declared potentially dangerous or vicious for injuring or damaging a domestic animal when probable cause exists that the dog was defending itself from harassment or an attack initiated by that domestic animal.

C. Potentially Dangerous Animals.

1. When probable cause exists that an animal is potentially dangerous, a potentially dangerous animal hearing shall be scheduled pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Code.

2. Requirements for a dog to be declared potentially dangerous. a. If there are no additional instances of potentially dangerous animal behavior within 36 months of being designated a potentially dangerous dog, the dog will be removed from the list of potentially dangerous dogs (CFAC 31644). b. All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog. The owner shall pay an annual potentially dangerous dog registration fee in addition to the regular licensing fee in an amount to be determined by resolution of the City Council (CFAC 31641). c. A potentially dangerous dog, while on the owner’s property, shall at all times be kept indoors, or in a securely fenced, locked yard from which the animal cannot escape, and into which children cannot enter. A potentially dangerous dog may be off the owner’s premises only if it is restrained by a substantial chain or leash, and

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under the control of a responsible adult, who is capable of controlling such animal (CFAC 31642).
d. The owner of a potentially dangerous dog shall notify City Animal Control, in writing, within 2 calendar days, if the animal dies or is sold, transferred, or permanently removed from the City of Twentynine Palms (CFAC 31643). e. It is unlawful to possess any dog in violation of any of the restrictions placed upon it at a potentially dangerous dog hearing. Any dog in violation of these requirements may be impounded and held pending a vicious dog hearing.

3. Exemptions.
a. This Chapter does not apply to licensed kennels, humane society shelters, animal control facilities or veterinary clinics.
b. This Section shall not apply to any dog utilized by any police department or any law enforcement officer in the performance of police or law enforcement work.

D. Vicious Animals.

1. When probable cause exists that an animal is vicious, a vicious animal hearing shall be scheduled pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Code.

2. An animal may also be considered to be vicious when it has previously been determined to be potentially dangerous by hearing or stipulation, and the owner has failed to meet any part of the requirements of the hearing officer as set forth in the potentially dangerous animal hearing.

3. Requirements for Vicious Animals.
a. All vicious animals shall be properly licensed and vaccinated. In addition, the licensing authority shall include a designation of vicious in the registration records of such animal. The owner shall pay an annual vicious animal registration fee, in addition to the regular license fee as determined by resolution of the City Council. b. The owner shall, at his or her own expense, have the vicious animal registration number assigned to the animal permanently tattooed upon the animal’s left ear or, if the left ear is not available, in the left inner thigh, by a licensed veterinarian or person trained and licensed to do business as a tattoo artist. In addition, a conspicuously colored tag, provided by the City of Twentynine Palms Animal Control Services, shall be securely affixed to the animal, and must remain on the animal at all times.
c. The owner of a vicious animal shall, within 10 calendar days of such determination, present said animal at Twentynine Palms Animal Control and allow photographs and measurements of the animal to be taken for purposes of identification. d. Any required enclosure for the animal shall prevent the entry of young children, and shall be suitable to confine a vicious animal in conjunction with other measures. The enclosure shall have an exercise area and shall be designed so that the animal cannot escape. The owner shall conspicuously display signs with words or symbol warning of the presence of a vicious animal as approved by the Animal Control Officer.

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e. While off of the owner’s premises, a vicious animal shall at all times be restrained by a substantial metal or leather chain or leash not exceeding 6 feet in length, held by and under the control of a responsible adult, and the animal shall wear a muzzle approved by the City of Twentynine Palms Animal Control Services. f. The vicious animal also shall be spayed or neutered, at the owner’s expense, within 30 days of the determination of vicious animal.
g. Inspection. The Animal Control Officer is authorized to make inspections he/she deems reasonably necessary to ensure compliance with these provisions. h. Notification of change of status. The owner of a vicious animal shall notify the City of Twentynine Palms immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died. A vicious animal shall not be sold, bartered, or given away, or placed in a new home without prior notification of and approval by the City of Twentynine Palms Animal Control Services. Any new owner must be advised of the animal’s status as a vicious animal and must comply with all of the stipulations set forth at the previous administrative vicious animal hearing.

4. Time Limit to Meet Requirements Regarding Euthanasia. a. All requirements for owners of vicious animals must be satisfied within the time limit specified by the hearing officer after the animal was deemed to be vicious at a vicious animal hearing, or within 30 days of the final appeal, when the appeal decision was an affirmation of the hearing officer’s decision. b. If all requirements for vicious animals are not satisfied within 30 days of the finding or final appeal, or within an extension of such time granted by the Animal Control Officer in writing, or the owner is unwilling to implement them, the animal shall be humanely euthanized pursuant to San Bernardino County Code.

5. Impounding Vicious Animal.
a. Any registered vicious animal shall be immediately impounded by the City of Twentynine Palms Animal Control if:
i. The animal’s registration is not properly maintained. ii. Inspection by the Animal Control Officer reveals that the animal is not maintained in the required enclosure.
iii. The animal is outside of the dwelling of the owner or the defined enclosure and not under the physical restraint control of a responsible adult. iv. The animal is being kept in violation of any of the requirements set forth in Subsection 19.102.180.D(3).

6. Even if the owner is in compliance with the regulations for keeping such a vicious animal, if the animal again attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal, then:
a. Thereafter, the animal may be impounded and shall be kept at an appropriate facility designated by the City at the owner’s expense pending the outcome of a hearing and any appeal that may be filed, to determine whether the animal is a threat to the public health and safety and whether the animal must be humanely euthanized or whether the animal can be returned to the owner under certain conditions.

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b. The owner of an animal determined to be vicious may be prohibited by the City from owning, possessing, controlling, or having custody of any dog for a period of up to 3 years, when it is found at a hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare (CFAC 31646).

7. Destruction of Vicious Animal.
a. An animal determined to be vicious may be ordered destroyed by Animal Control when it is found, at a hearing, that the release of the animal would create a significant threat to the public health, safety, and welfare (CFAC 31645). b. If it is determined that an animal found to be vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the animal that protects the public health, safety, and welfare.

8. Vicious Animal Brought to Twentynine Palms from Another Jurisdiction. It is unlawful for any animal owner or custodian to bring an animal into the City of Twentynine Palms that has been declared vicious by another jurisdiction.

19.102.190 Animal Bites and Rabies
A. Duty to Report Animal Bites. It shall be the duty of any person having knowledge that any animal subject to rabies (all warm-blooded mammals), whether or not the animal is suspected of having rabies, has bitten any human being within the City of Twentynine Palms to immediately report the fact to City Animal Control or the sheriff with full information in regard to the incident.

B. Duty to Report Rabid Animals.

1. It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to City Animal Control. If such person is the owner or possessor or has custody of such animal, he shall immediately confine it and keep said animal strictly confined until it is established to the satisfaction of said official that such animal has or does not have rabies.

2. Where such owner or possessor does not have the proper facility for such confinement, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate facility in a manner approved by City Animal Control, and shall not be killed or released for at least 10 calendar days after the onset of symptoms suggestive of rabies.

3. If such animal creates a menace to the public health and safety, the Animal Control Officer or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory.

4. Whenever any such owned biting animal is quarantined in a place other than the premises of its owner, all expenses incurred in its confinement shall be the liability of the owner or custodian of such biting animal.

C. Confinement of Biting Animal.

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1. Upon receipt of a report that a person has been bitten by an animal subject to rabies, any person authorized to enforce the provisions of this Chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and seize and impound if necessary, any such animal for a period of 10 calendar days (for dogs and cats) and 14 calendar days (for other animals).

2. Notwithstanding the foregoing provisions, the Animal Control Officer may authorize, with permission of the owner, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory.

3. It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this Chapter, without the consent of City Animal Control.

D. Disposition of Animals Bitten by Rabid Animals.

1. Any animal that is subject to rabies, that is bitten by, or bites, an animal believed to have rabies, shall, upon notification by or of its owner or custodian, be:
a. Immediately given a rabies vaccination (regardless whether the animal has had a recent rabies vaccination) and quarantined at a location approved by Animal Control for a period of 6 months; or
b. Immediately destroyed unless the animal suspected of having rabies is determined by laboratory examination to be negative from rabies.

2. If the custodian of an animal bitten by a suspected rabid animal fails to euthanize or quarantine their animal, or the custodian of the animal is unknown or cannot be contacted, Animal Control may, at its discretion, immediately euthanize or quarantine the animal.

3. The carcass of any dead animal exposed to rabies will, upon demand, be surrendered to Animal Control.

4. At the discretion of the Animal Control Officer, the County Health Laboratory shall examine high-risk or medium-risk animals for rabies when they are involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees.

5. Posting of Quarantine Sign. It shall be the duty of any person authorized to enforce the provisions of this Chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact. It shall be unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of Animal Control.

19.102.200 Animal Licensing and Vaccination
A. Dog License. Every resident in the City of Twentynine Palms who owns, has an interest in, harbors and feeds, or has the care, charge, custody, or possession of a dog 4 months of age or over, and whether such dog is confined or not, shall obtain a City dog license for such dog.

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B. Possession of Unvaccinated Dog. It shall be unlawful for any person in the City of Twentynine Palms to own, have an interest in, harbor and feed, or have the care, charge, custody, or possession of a dog over the age of 4 months, whether such dog is confined or not, unless such dog has a current vaccination with a rabies vaccine approved by the California Department of Public Health and is officially tagged as provided for in this Chapter. Said vaccines shall be used exclusively to vaccinate all dogs in the City of Twentynine Palms. Vaccinations with said vaccines shall be valid for a period not to exceed 3 years.

C. Vaccination.

1. Said rabies vaccination shall be administered only by a veterinarian who is duly licensed to practice in the state of California. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the County or any incorporated city.

2. Each dog shall have a current rabies vaccination as evidenced by a valid rabies certificate issued by the veterinarian who performed the vaccination as a requisite to licensing.

Provided further that rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a County or City low-cost clinic.

3. While a dog is being used as a guard dog in the City, it must have a City dog license and the license tag must be securely fixed to the dog’s collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction.

D. Exceptions to Vaccination.

1. Notwithstanding the provisions of this Chapter, a dog may be licensed without a rabies vaccination if the custodian of such dog provides Animal Control with a letter from a licensed veterinarian attesting to the fact that the dog cannot receive a rabies vaccination due to an infirmity or disability.

2. The owner or custodian of such dog shall, within 10 days after the termination of such infirmity or disability, have the dog vaccinated and licensed.

3. Any such dog with infirmity or disability shall be securely confined within its custodian’s premises so that it does not come in contact with any other animal or person.

E. Licensing of Animal Establishments Other Than Dog Kennels and Catteries. No person shall, in the City, conduct or operate any pet shop, pet grooming parlor, or any other type of commercial business involving animals, without first conforming to the requirements of the City’s Animal Control, obtaining a City business license, obtaining any other permits required by the City, and receiving approval of the appropriate planning permit from the City’s Community Development Department (if required). Any such establishment shall also conform to the appropriate development codes.

19.102.210 Kennels and Catteries
A. Commercial kennels and catteries shall only be located in Service Commercial (CS) or Community Industrial (IC) land use districts.

B. License Requirement. Every person, firm, or corporation engaged in the operation, control, or management of a kennel or cattery as herein defined shall obtain a City Business

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license, meet requirements of the City Animal Control, and pay annual license fees as determined by resolution of the City Council.

C. Kennel License Requirement.

1. The license must be renewed annually.

2. All dogs or cats owned by, under the control of, or in possession of a kennel or cattery operator shall be subject to the provisions of this Chapter. The City Animal Control shall have the power, upon the giving of 10 days’ notice by United States mail or by personal delivery to any licensee under this Section, and an opportunity to be heard, to revoke any license granted to a kennel or cattery operator for violations of this Chapter.

3. Any person convicted of any crimes against animals within the past 10 years will not be permitted to operate, control or manage a kennel or cattery in the City of Twentynine Palms.

D. Kennel and Cattery Facility Standards.

1. The facilities shall be structurally sound and maintained in good repair to prevent injury to animals, contain the animals, and restrict the entrance of other animals.

2. Reliable and adequate potable water shall be available.

3. Facilities for isolating animals under quarantine or treatment for disease shall be in a room that is separated from healthy animals.

4. Facilities shall be provided for the storage of food and bedding in covered containers, protected against infestation or contamination by vermin.

5. Refrigeration shall be provided for perishable items of the diet normally requiring refrigeration.

6. Provisions shall be made for the removal and disposal of excretion, bedding, dead animals, and debris. Disposal facilities shall be so constructed and operated as to minimize vermin infestation, offensive odors, and disease hazards.

7. Washrooms, sinks and basins shall be provided to maintain cleanliness of personnel.

8. Facilities shall be heated or cooled when necessary to protect the animals and to provide for their health and comfort.

9. Facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. All rooms shall be provided with fresh air by air conditioning or evaporative cooling. They shall be ventilated so as to minimize drafts, offensive odors, and moisture condensation.

10. Facilities shall have ample light by natural or artificial means. Animal enclosures shall be placed as to prevent discomfort to animals.

11. The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized.

12. A suitable method shall be provided to rapidly eliminate excess water. Rooms shall be provided with drains and sloped for adequate flushing. If closed drainage systems are used, they shall be equipped with traps.

13. The animal waste in kennels, cages or pins shall be removed at least once a day and the kennel, cage or pin sanitized.

E. Commercial Kennels.

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1. Runs shall be constructed of concrete or other suitable nonporous material. The floors shall slope one-quarter inch per foot to a drain or to a drain way. All such drains shall be properly plumbed, trapped and vented and shall be connected to an approved underground disposal system which shall consist of a septic tank and seepage pit or leaching line as required by the County Health Department.

2. Kennels shall not be constructed closer than 300 feet away from any structure on adjacent property used for human habitation nor closer than 40 feet to any dwelling on the premises, except that of the owner/operator’s home.

3. Provisions shall be made in boarding and breeding kennels for the separation of kennel owned dogs from those owned by other persons.

4. A perimeter fence made of chain link or other suitable sturdy fencing and 6 feet high is required around the kennel.

5. Runs made of chain link or block walls are required.

6. Access to clean food and water is required.

7. Floors shall be constructed to prevent injuries to animals; wire and mesh which allow animals’ feet to pass through shall not be used.

8. If dogs are housed in rooms, pens, or runs, a minimum of 8 square feet of floor space shall be provided for each dog measuring 2 feet or less in length, and a minimum of 12 square feet of floor space for each dog measuring more than 2 feet in length. No more than 5 dogs may be housed in 1 pen or run.

9. A dog shall not be housed in a cage unless the interior height of such cage is 6 inches or more in excess of the height of the dog as measured from the floor to the apex of its shoulders while in a standing position, and the width and depth are 6 inches or more in excess of the length of the dog as measured from the end of its nose to the base of its tail. No more than 1 dog or 5 puppies shall be housed in any 1 cage.

10. All dogs 8 weeks of age must receive a series of puppy vaccinations as directed by the local veterinarian. All adult dogs must receive all annual boosters required for prevention of contagious disease.

11. All dogs 4 months of age or older shall be currently vaccinated against rabies with chick embryo modified live virus rabies vaccine. The state of California requires that a licensed veterinarian administer all rabies vaccinations.

12. All dogs shall be individually vaccinated and have a current City dog license attached to their collar.

13. Records of all dogs and their vaccinations must be kept and made available to the Animal Control upon request.

14. All kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding kennels shall disinfect all facilities used in the care of dogs between each separate usage.

15. All droppings shall be removed from the kennel daily. Soiled papers and bedding materials shall be removed from the kennel as frequently as necessary to maintain the kennel in a clean, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to Animal Control.

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16. When any dog is sold, the purchaser shall be provided with a copy of the “Certificate of Vaccination” issued by a veterinarian and shall be advised to obtain a dog license in their name within 30 calendar days from the date of purchase.

17. The kennel shall be constructed with sound-deadening materials so that barking cannot be heard 100 feet from the structure.

F. Commercial Catteries.

1. Individual animal cages shall be constructed of concrete, plastic, stainless steel, or other suitable, washable, nonporous material, and shall be maintained so as to provide sufficient space for the animal to make normal postural adjustments with adequate freedom of movements and to remain dry and clean.

2. Interior height of cages shall be at least 2 feet and a minimum of 3 square feet of floor space shall be provided for each adult cat. No more than 2 adult cats without kittens shall be housed in 1 cage. No more than 1 cat with nursing kittens shall be housed in 1 cage.

3. If cats are housed in pens or runs, a minimum of 3 square feet shall be provided for each cat. The maximum number of cats without nursing kittens housed in a pen shall not exceed 5.

4. Operation, Construction, and Maintenance.
a. All cats shall be confined and not allowed to run at large. b. Adequate housing shall be provided for the protection of cats from the elements. c. The building within which cats are to be housed shall be provided with adequate ventilation and lights, and shall be constructed so as to be easily kept clean and sanitary at all times. Adequate ventilation shall be that which minimizes drafts, avoids offensive odors, and prevents moisture condensation. Cat odors shall not be allowed to persist inside the building.
d. Adequate heating and cooling shall be provided.
e. Cat cages shall be within an enclosed building and shall be a nonporous material, such as plastic, fiberglass or stainless steel or other material that will prevent the escape of the animal through decomposition of the material of which the cage is made, and at the same time permits easy cleaning. The minimum floor space of each cage shall be 3 square feet for each adult cat. Each cage shall be at least 2 feet in height. No more than 2 adult cats without nursing kittens or 1 cat with nursing kittens shall be placed inside each cage.
f. Inside runs shall be so constructed that a minimum space of 3 square feet is provided per cat, and that the maximum number of cats without nursing kittens to be housed in each pen shall not exceed 5. Wire netting used between pens shall be such that the cats cannot put their feet through the wire netting spaces. If dividers are of solid construction, this shall be of uniform material and make. Enclosures shall be constructed so as to enable the animals to remain dry and clean. g. Each pen shall be provided with a cat scratching post. h. Cat resting or sleeping shelves shall be provided and shall be uniform and of approved construction.

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i. All cats shall be provided with sufficient clean litter to contain excreta and these shall be disposed of daily in a manner approved by Animal Control. j. Adequate provision shall be made for the disposal of dead animals which shall be satisfactory to Animal Control.
k. Boarded cats shall be caged or penned individually and separated by a floor to ceiling solid partition, unless they belong to the same owner, in which case they may stay together provided there is adequate space.
l. The operator of every cattery shall be responsible to take the appropriate preventive measures to preclude outbreaks of infectious and contagious diseases, as well as external parasites, among the cats.
m. Adequate disinfection shall be provided. Beddings shall be cleaned and laundered at the end of each boarding period prior to use by another cat. n. Provisions shall be made for convenient access to clean food and water. Food and water containers shall be kept clean and sanitary. Animal feed shall be properly stored and protected from contamination and vermin infestation. o. All cats are required to have annual vaccinations against all infectious diseases, including rabies. Kittens must have a series of vaccinations. Proof of vaccinations must be made available upon request of the Animal Control Officer.

G. Home Kennel or Cattery.

1. A home kennel or cattery is for the private breeding of dogs or cats, not for the commercial kenneling of dogs or cats owned by other persons. The number of adult breeder dogs and/or cats cannot exceed the number allowed in the land use zone where the animals are kept. Puppies or kittens under 4 months old are not considered in the number of dogs and cats allowed on the property.

2. A City Business License is required.

3. Breeding facilities must be approved by Animal Control before a Business License can be issued.

19.102.220 Horses
A. Keeping of Horses.

1. Horses may be kept on residential land use district property that is at least 1 acre or greater and is not designated a non-equestrian area.

2. Horses are prohibited on parcels less than 1 acre in size. Horse density shall be 1horse per quarter acre, with a maximum of 6 horses when not combined with other large livestock animals, regardless of the acreage in excess of 1 acre.

3. Horses are an accessory use in all land use zones.

4. The permitted number of horses shall not include horses less than 12 months old.

5. All stables, corrals, and horse boarding facilities shall at all times furnish a shelter for all the horses kept on the property, providing them with shade from the sun and shelter from the elements. The horses shall be provided with fresh water at all times, and shall be fed daily. Such facilities shall meet all requirements of Twentynine Palms and California Codes. Construction of animal shelters over 120 square feet requires a Building Permit.

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6. It is unlawful for any person to neglect or fail to care for any animal in their care, or to allow any horse, or any other animal, to suffer or be treated cruelly, or to fail to provide veterinary care.

7. Any property that boards or houses a horse or horses in numbers that exceed the allowable limits shall comply with the provisions of this Chapter within 180 days of the date of adoption of this Chapter.

8. Waste from horses or any other large animal may be disposed of by a person or company licensed to dispose of such waste, or it may be tilled into the ground. Such waste shall not be allowed to accumulate, and shall not create an insect, malodorous, or visual nuisance.

9. Ridden or Driven Horses or Livestock. It shall be unlawful for any person to willfully or negligently permit any livestock or horses to be ridden, led, driven across, or left on any private lands, public lands, streets, sidewalks, or public right-of-way in the City of Twentynine Palms without obtaining prior consent of the private owner or public agency holding or governing such lands.

10. Equestrian Area. Any residential property of at least 1 acre in size, in an area declared to be an equestrian area by the City Council, may have 1 horse per quarter acre with no upward limit on the total number of horses.
a. See Equestrian Overlay District.
b. Notwithstanding the foregoing, if an excess of the 10 horses is requested or kept, a Site Plan Review shall be required prior to the establishment of the additional horses.

11. Non-Equestrian Area.
a. No horses may be kept in any area designated as a non-equestrian area by City Council resolution. Any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a non-equestrian area by City Council resolution. In considering adoption of such a resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the California Government Code. The City may impose a fee for the processing of requests to have property designated a non-equestrian area; in the event that a petition for a nonequestrian area is submitted, and is signed by at least 5 contiguous property owners, no application fee will be required.

19.102.230 Stables or Horse Boarding
A. Public stables or horse boarding will only be permitted, and a permit issued, on property zoned for such use.

B. Stables or horse boarding may only be permitted upon the granting of, and in conformance with, a Conditional Use Permit issued by the Planning Commission.

C. It shall be unlawful to operate, or permit to be operated, any stables or horse boarding business without a valid permit to do so.

D. Compliance with Rules and Regulations.

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1. No such permit shall be issued unless the applicant agrees in writing to comply with such rules and regulations as may be promulgated by the City’s Animal Control for the location, operation, maintenance and care of the horses. The applicant shall also agree to handle and properly remove the waste from such horses so that it does not create an offensive odor or a danger to human or animal health or become a public nuisance.

2. Such permit may be revoked by the Planning Commission for failure to comply with such rules and regulations, or if at any time such place becomes a menace to human or animal health, or a public nuisance.

1. Application. File with the Animal Control Department an application on a form provided by the City.

2. License fee. The application shall be accompanied by a nonrefundable license fee in an amount as may be established by resolution of the City Council.

C. Issuance, term, renewals.

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D. Regulations. The owner or person having custody, control or possession of a pot-bellied pig within the City shall comply with the following regulations:

1. Spayed/neutered. The pot-bellied pig shall be spayed or neutered.

2. Weight. The pot-bellied pig shall not weigh more than 125 pounds.

3. Height. The pot-bellied pig shall not exceed 18 inches in height as measured from the shoulder of said animal.

4. De-tusked. Any male pot-bellied pig 2 years of age or older must have his tusks removed.

19.102.250 Penalty Provisions
Any person violating any of the provisions of this Chapter shall be guilty of an infraction.

19.102.260 Severability
If any Section, Subsection, sentence, clause, phrase, or portion of this Ordinance shall be found for any reason to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each Section, Subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more Sections, Subsections, phrases, or portions be declared invalid or unconstitutional.

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 10 2023
SUBJECT: Electric Vehicle Charging Stations and Parking Requirements.

RECOMMENDATION:

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:
• EV Parking FINAL Ordinance
BACKGROUND:

State law pertaining to electronic vehicles and charging stations have evolved in the last several years, requiring a certain amount of parking spaces within new parking lots to be electronic vehicle accessible and to have capability to have electric vehicle (EV) charging stations installed for those spaces.

Currently, the Development Code of the City of Twentynine Palms is silent with regards to the number of electronic vehicle spaces for new developments. It should be noted that the new California Green Building Standards Code was approved by the City Council on November 8, 2022, which reflects the required number of EV parking spaces in Sections 4.106.4.2.2.3 and Table 5.106.5.3.1. It is the Community Development Director’s opinion that these regulations should also be reflected in the parking section of the Development Code as well, for ease of reference by City Staff as well as potential development applicants.

It is anticipated that this portion of the Development Code may need to be updated in the future as California State Law changes with regards to electronic vehicle requirements.

Staff recommends the City’s Development Code Section 19.82 be amended to add Table 19.82.55-2 under Section

19.82.50 to read as follows:

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Electronic Vehicle Spaces
Type of Development
Multiple Family Dwellings
All non-residential projects
Total number of Spaces
Required Number of Required EV Capable Spaces
0-9 0
10-25 4
26-50 8
51-75 13
76-100 17
101-150 25
151-200 35
201 and over 20% of total, rounded up
Additionally, the following footnotes should be added to the bottom of the parking table:

Signage for Charging Station Locations
a. Signage shall be installed designating spaces for electric vehicles only. b. Charging stations shall be installed in locations easily accessible to service an electrical vehicle. c. Charging stations and associated equipment or materials shall not encroach into the minimum required areas for driveways, parking spaces, garages or vehicle maneuvering.

ENVIRONMENTAL:

The project is exempt from environmental review pursuant to Section 15061(b)(3).

ALTERNATIVES:

The City Council could choose to:

1. Deny this amendment, and advise staff to rely purely on the 2022 California Green Building Standards Code; or

2. Suggest any further modifications to the parking code to require additional EV capable stations and charging stations.

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 ADDING TEXT TO SECTION 19, CHAPTER

19.82.050 OF THE TWENTYNINE PALMS MUNICIPAL CODE

PERTAINING TO ELECTRONIC VEHICLE PARKING SPACES
WHEREAS, the City of Twentynine Palms (“City”) has established Chapter 19.82 of the Municipal Code (“Municipal Code”) to provide reasonable standards for off-street vehicular parking; and
WHEREAS, the State of California Building Code has recently been amended to require parking spaces for electronic vehicles, and
WHEREAS, the City Council believes that an amendment to Chapter 19.82.050 reflecting such regulations from the State are required to facilitate transparency and consistency with State Law; and,
WHEREAS, City staff have analyzed and determined that the revisions to Title 19, Chapter 19.82.050 of the Municipal Code are not considered a “project” pursuant to CEQA.

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

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

SECTION 3. Title 19, Chapter 19.82.050 of the Twentynine Palms Municipal Code is hereby amended to reflect the additions as set forth in the attached Exhibit A.

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

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the

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remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.

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

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

APPROVED AND ADOPTED by the City Council of the City of Twentynine Palms at a regular meeting on the ___day of February,2023.

MacArthur Wright
Mayor
ATTEST:
_______________________________
Cindy Villescas
City Clerk

APPROVED AS TO FORM
A Patrick Munoz, City Attorney

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2905/014122-0001
17507034.7 a01/05/23 -3-
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 10th day of January, 2023 and duly adopted by the City Council of the City of Twentynine Palms in a regular meeting held on the ___ day of February, 2023in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
_______________________________
Cindy Villescas,
City Clerk

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2905/014122-0001
17507034.7 a01/05/23 -4-

EXHIBIT A
Table 19.82.55-2, Electronic Vehicle Parking Spaces
Electronic Vehicle Spaces
Type of Development Number of Electronic Vehicle (EV) Parking Spaces Required Multiple Family
Dwellings
10% of the required parking stall shall be EV capable; 5% of the required parking stalls shall have EV charging stations installed All non-residential
projects See Table Below
Total number of
Spaces Required
Number of Required EV
Capable Spaces
Number of Installed
Charging Stations
(included in number
Capable Spaces)
0-9 0 0
10-25 4 0
26-50 8 2
51-75 13 3
76-100 17 4
101-150 25 6
151-200 35 9
201 and over 20% of total, rounded up 25% of EV Capable spaces, rounded up
Signage for Charging Station Locations
a. Signage shall be installed designating spaces for electric vehicles only. b. Charging stations shall be installed in locations easily accessible to service an electrical vehicle.
c. Charging stations and associated equipment or materials shall not encroach into the minimum required areas for driveways, parking spaces, garages or vehicle maneuvering.

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 10 2023
SUBJECT: Appeal of VHR22-195
RECOMMENDATION:

The City Council conduct the Public Hearing, consider public comment, deny the appeal and allow Staff to continue processing the application.

ORDER OF PROCEDURE:

On November 15, 2022, the Planning Commission reviewed an application for the appeal of a Vacation Home Rental permit. The appeal was denied by the Commission and on November 29, 2022, the appellant filed an appeal of the Commission's decision. The basis for the second appeal is that "the owner and the limited liability corporations with which he is associated are taking advantage of our neighborhoods and our VHR and building codes to construct and operate hotels that belong in commercially zoned areas and not in neighborhoods".

The application to operate a Vacation Home Rental was submitted on June 20, 2022, by Josh and Jodi Seigel. The property is located at 68467 Sullivan Road, west of Mantonya Road. The property is 2.4- acre parcel, approximately 165' wide by 625' deep. The property is zoned Rural Living, 5-acre minimum (RL-5). The property is being developed with a three-bedroom single family home, with a two-bedroom accessory dwelling unit and a swimming pool.

On October 1, 2022, the City received an application for Appeal of the proposed Vacation Home Rental Permit.

The Appeal application was submitted by Katherine Talley-Jones, Dennis and Gale Corsini and John Wall. The reasons cited as basis for the appeal are “the fact that this structure has never been a dwelling and has gone straight from construction to a VHR” and that “short term rental is included in the definition of hotel for purposes of collecting transient occupancy tax”.

Page 99 of 120 ends

Vacation home rentals are considered a residential use of the property. Even if the structure has never had a longterm tenant, it is still classified as a single-family dwelling. Compliance with the regulations will preserve the residential character of the neighborhood. The issuance of the VHR permit does not rezone or reclassify the property to a commercial use nor does it change the status of the residential structure to a hotel. It is classified as a hotel only for purposes of collecting transient occupancy tax.

A VHR permit is considered a ministerial permit which is defined as "a permit that is granted based upon determination that proposed project complies with established standards set forth in the zoning ordinance".

Therefore, if an applicant submits all required documentation and the project is in compliance with the Development Code, then the permit will be issued.

The applicant for the VHR has submitted all required documents and the application packet is complete. However, the structures and pool have not received a final inspection by the Building Division, nor has the Safety Inspection been conducted by the Building and Safety Division. The safety inspection is to verify that the following items are in compliance with the Development Code:

1. That the structure is a stand-alone structure.

2. That smoke detectors, carbon monoxide detectors, and fire extinguishers are installed.

3. That there is an emergency evacuation plan in place.

4. That the required parking is available on site.

5. That visible house numbers are installed.

Prior to issuance of the VHR permit, the following findings must be made.

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

The property is located in the Rural Living, 5-acre minimum zoning district. The property is approximately

2.4 acres and is rectangular in shape, approximately 165 feet wide by 625 feet deep. The property is in conformance with the Development Code standards in regards to setbacks and height limitations.

B. That the residential character of the neighborhood in which the use is located will be maintained and preserved and that the issuance of the permit will not be detrimental to the public health, safety and welfare to the residents in the neighborhood or injurious to the community within the vicinity and district in which the use is located.

The property contains a single-family residence, accessory dwelling unit and pool that are currently under construction. The Development Code permits the use of the single-family residence as a vacation home rental, subject to compliance with Chapter 19.41, Vacation Home Rental. Compliance with the regulations will ensure that the use of the property is not detrimental to the public health, safety or welfare. Noncompliance may result in penalties, non-renewal of the permit or revocation of the VHR permit.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose to:

1. Approve the appeal, thus denying the VHR permit

2. Request more information from Staff and postpone the Hearing to a date certain.

FISCAL IMPACT:

None.

Page 100 of 120 ends

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Page 101 of 120 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-1 Vacation Home Rental Chapter 19.41 Vacation Home Rental
Sections

19.41.010 Purpose ...............................................................................................................19.41-1

19.41.015 Definitions..........................................................................................................19.41-1

19.41.020 License Required................................................................................................19.41-2

19.41.025 Application Fee ..................................................................................................19.41-3

19.41.030 Owner’s Agent ...................................................................................................19.41-3

19.41.035 Application.........................................................................................................19.41-3

19.41.040 Findings for Approval ........................................................................................19.41-4

19.41.045 Notice .................................................................................................................19.41-4

19.41.050 Denial of License ...............................................................................................19.41-4

19.41.055 Appeal ................................................................................................................19.41-4

19.41.060 License Renewal ................................................................................................19.41-4

19.41.065 License Issuance.................................................................................................19.41-5

19.41.070 Operating Standards...........................................................................................19.41-6

19.41.080 Noncompliance...................................................................................................19.41-9

19.41.010 Purpose
A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a license authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City’s Development Code or the County’s applicable Land Use Regulations that identified or allowed the establishment of a “vacation home rental” as a legally licensed land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter

19.142 (Nonconforming Buildings and Uses).

19.41.013 Total Limit on Vacation Home Rentals Established A. The total number of vacation home rental licenses allowed within the City of Twentynine Palms shall be limited to 500 detached, single-family houses. This cap will be reevaluated in the year 2030 based on data from the 2030 U.S. Census.

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

19.41.015 Definitions

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-2 Vacation Home Rental For the purpose of this Chapter, the following definitions shall apply:

A. Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner’s Agent).

B. Occupant (Guest). Any person who occupies or is entitled to occupy by reason of concession, license, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental license is sought.

D. Vacation Home Rental. A licensed short-term rental of any detached, single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of one consecutive night, but no more than 30 consecutive calendar days in duration. “Short-term rental” is included in the definition of “hotel” for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code.

E. Procedural and Minor Nuisance Violations. These are violations that violate the City’s rules and regulations but do not typically disturb or endanger the public at large and include improper placement of notification signage, trash cans left along the roadside after the required removal time, unattended pets, and an excessive number of vehicles parked on site.

F. Disturbance and Safety Violations. These are violations that endanger the occupants of the vacation home rental or the surrounding area and residents or create unreasonable noise or disturbances, and include loud parties, disorderly conduct, overcrowding, the use of illegal drugs, unattended fires, fireworks, or illegal vehicle parking in a manner that constricts the roadway.

G. Noise Mitigation Plan. A noise mitigation plan shall at a minimum consist of a sign placed adjacent to the evacuation map and a good neighbor brochure listing the rules and requirements including the prohibition of excessive noise and loud parties.

19.41.020 License Required
No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental license approved and issued in the manner provided for by this Chapter.

Page 103 of 120 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-3 Vacation Home Rental A. Vacation home rental use shall be limited to only those dwelling units that are physically separate, “stand-alone”, detached single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental.

B. A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual singlefamily residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.

19.41.025 Application Fee
An application for a Vacation Home Rental license shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

19.41.030 Owner’s Agent
An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a license that has been signed and notarized by the owner and the management of the vacation home rental, and in compliance with the conditions to the license. The license shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner.

19.41.035 Application
The owner or owner’s agent shall submit an application for a Vacation Home Rental license to the Community Development Director (Director). The application for a Vacation Home Rental license shall be upon forms provided by the City and shall contain at a minimum the following information:

A. The name, address and telephone number of the owner of the vacation home rental for which the license is to be issued.

B. The name, address and telephone number of the agent, if any, for the vacation home rental.

C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

D. Proof of general liability insurance in the amount of $1 million combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the vacation home rental use.

Page 104 of 120 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-4 Vacation Home Rental E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

F. A floor plan of the structure identifying each room.

G. Such other information as the Director may deem reasonably necessary to administer this Chapter.

19.41.040 Findings for Approval
Prior to approving an application for a Vacation Home Rental license, the Director shall find that all of the following are true:

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

B. That the issuance of the license will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located.

19.41.045 Notice
Prior to approval of a Vacation Home Rental license, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a license application has been received and is pending approval.

The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the license will be issued, and shall indicate where information regarding the application may be obtained.

19.41.050 Denial of License
No application for a license, or a subsequent renewal, shall be denied if it meets the conditions of license issuance pursuant to this Chapter. No license or renewal of a license may be issued to the same owner if a license for the vacation home rental location has been revoked within one year of the application date or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

19.41.055 Appeal
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the appeal shall be filed within 10 days of the date of notice, as required in Section

19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.

19.41.060 License Renewal
The owner(s) shall renew a Vacation Home Rental license annually prior to the license issuance anniversary date and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D.

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-5 Vacation Home Rental Every three years a safety and compliance inspection of the house shall occur before the anniversary date of renewal.

19.41.065 License Issuance
Licenses issued pursuant to this Chapter are subject to the following standard conditions:

A. Prior to issuance of the Vacation Home Rental license, the owner(s) shall request, and pay the applicable fee for, an inspection from the City’s Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

B. Prior to issuance of the initial Vacation Home Rental license for a property, the owner/agent shall provide certification dated within one year of application for the license, from a state-licensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements.

C. The owner shall provide a valid 24-hour emergency contact telephone number for the owner and/or agent of a vacation home rental. Failure to provide and maintain a valid 24-hour contact telephone number(s) for the owner and/or agent responsible for a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license for a vacation home rental.

D. The vacation home rental must have a minimum of two off-street, on-site parking spaces. When the unit consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four shall be provided with one dedicated parking stall measuring 19 feet in length and 9 feet in width.

In no case shall the number of vehicles exceed the number of on-site parking spaces available. No portion of any such required parking stall shall be located within either a required front or street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading).

E. The vacation home rental must have a visible house number easily seen from the street, day or night.

F. All advertising for the short-term rental shall include the City-issued license number.

G. A minimum stay of one consecutive night shall be required.

H. The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger.

I. No on-site exterior signs are to be posted advertising a vacation home rental, except that a single sign no smaller than 1 square foot in size and no larger than 2 square feet in size shall be displayed in a location clearly visible from the adjacent street. The sign shall only contain a 24-hour contact number for the owner or agent, and the license number.

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-6 Vacation Home Rental J. Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment.

K. Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license.

L. The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter.

M. The Planning Commission shall have the authority to impose additional conditions on any license in the event of any violation of the conditions to the license or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance).

N. The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter.

O. A vacation home rental that is inactive for twelve (12) months or longer shall be withdrawn from the City’s list of permitted vacation home rentals and not counted towards the City-wide limit. An active vacation home rental shall be rented for at least one day in a year from beginning with license issuance or renewal anniversary.

P. Each permitted Vacation Home Rental shall include a Noise Mitigation Plan which shall be kept on file with the City of Twentynine Palms.

Q. Prior to receiving a license to operate a vacation home rental each Owner and/or Agent shall provide evidence that they have completed a live or virtual class that has been certified by the City on how to be a responsible vacation home rental host.

19.41.070 Operating Standards
Vacation home rentals shall comply with the following operating standards. A failure to comply and/or conform to the following standards shall constitute a violation of the City’s Municipal Code and shall be grounds to revoke an approved Vacation Home Rental license.

A. Structural and Design Features.

1. Each dwelling used as a vacation home rental shall maintain an operational fire extinguisher, smoke detector(s) and carbon monoxide detector(s) (one per bedroom plus one in each hallway) conforming to the Uniform Building Code Standards (UBC No. 43-6). Exit/egress and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes.

2. Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-7 Vacation Home Rental and standards of the City’s Municipal Code. Vacation Home Rental licenses will not be issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification.

3. Any lights used to illuminate a site used for a vacation home rental purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-ways and shall comply with Chapter 19.78 (Lighting Standards).

4. The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility.

5. The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the guest, calling for law enforcement services or City code enforcement officers, evicting the guest, or any other action necessary to immediately abate the disturbance.

6. The owner/agent, upon notification that occupants or guests of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests.

B. Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

C. Records, Business License, Transient Occupancy Tax and Performance Deposit.

1. Records of all guests who patronize the vacation home rental unit shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve patronage records or failure to present patronage records when requested by the City to do so shall be grounds to revoke the Vacation Home Rental license.

2. A valid Business License shall be maintained for each vacation home rental.

3. Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code.

D. Rental Agreement.

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-8 Vacation Home Rental

1. A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy.

2. Prior to occupancy, the owner shall obtain the name, address and driver’s license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental.

3. The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the guest that they are subject to the local Noise Control Ordinance.

4. The rental agreement shall disclose that all animals under the renter’s control shall be cared for in a manner consistent to Subsection 19.41.070.F (Animals), and in conformance with all City and County animal standards.

5. Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental:
a. The maximum number of occupants that are licensed and notification that failure to conform to the maximum occupancy is a violation of this Chapter. b. The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted.
c. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property.
d. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws.
e. The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information.

E. Parking, Access and Driveways.

1. The maximum number of vehicles parking overnight shall in no case exceed the number of available on-site parking spaces.

2. The property owner of each vacation home rental shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants’ use at all times.

3. Parking of commercial vehicle(s), excluding pickup trucks and vehicles weighing less than 10,000 pounds gross vehicle weight, anywhere on a site approved for a vacation home rental, except temporarily for durations of less than four hours when actively being loaded or unloaded, is prohibited.

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-9 Vacation Home Rental F. Property Maintenance.

1. The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

2. In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental license, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement).

3. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler. The owner of the short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.

4. All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times.

Each and every pool and/or spa shall conform to the requirements of the City’s Building & Safety Codes and all applicable codes of the San Bernardino County and the state of California.

19.41.080 Noncompliance
The approval authority may revoke or void any license for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification).

A. Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080.B (Penalties) may be imposed, or the license revoked:

1. The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (License Issuance) and 19.41.070 (Operating Standards).

2. The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (License Issuance).

3. The owner/agent has failed to comply and pay any fines imposed pursuant to Section 19.41.080 (Noncompliance) within 30 days of the date of notification.

4. The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit.

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City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016, Revised May 10, 2022
Effective June 24, 2022 Page 19.41-10 Vacation Home Rental B. Penalties. The penalties for violations specified in Subsection 19.41.080.A shall be the responsibility of the owner per event (day) as follows. An event (day) may include more than one violation but shall only count as one step towards a revocation:

1. Operating without a valid Vacation Home Rental License:
a. For the first violation, a warning to the Owner shall be issued. b. For a second violation, the penalty shall be $2,500. c. For a third violation, the penalty shall be $5,000, followed by a fine of $5,000 per day if rental operations do not cease.

2. Procedural and Minor Nuisance Violations:
a. Nuisance Violations shall be cited and fined per Chapter 19.144 - Administrative Citations of the Development Code. Chapter 6.

3. Disturbance and Safety Violations. If the owner/agent has not abated the disturbance or safety violation within one hour per Section 19.41.070. A. 6 above the penalties shall be as follows:
a. For the first violation within any 12-month period, the penalty shall be $500.00. b. For a second violation within any 12-month period, the penalty shall be $1,000. c. For a third violation within any 12-month period, the penalty shall range be $2,000.

C. In lieu of the fines as set forth above, the Community Development Director, at his/her sole discretion, and based upon the severity of the violations may suspend the Vacation Home Rental license and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months. The Owner can appeal this decision at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification).

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 10 2023
SUBJECT: Initiation of Study of Two-Story Homes in Indian Cove (Future Agenda Item Request).

RECOMMENDATION:

That the City Council direct Staff to study the issue of two-story homes in Indian Cove, their impact to the community, and whether to make any modifications to the Development Code.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Motion / Second
Discussion on Motion
Call the Question
BACKGROUND:

Several members of the Indian Cove community have expressed concerns about the impact of two-story homes within their community. In particular, views of the mountains to the south are of particular discussion. It should be noted that the Development Code allows for a thirty-five foot (35') maximum building height in every residential zone in the City.

Should the City Council decide to approve this item, then Staff would ask for direction as to the geographic limitations of the study (i.e. from Street "A" to Street "B" south of Street "C") ENVIRONMENTAL:

N/A
ALTERNATIVES:

N/A
FISCAL IMPACT:

N/A

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 10 2023
SUBJECT: Planning Commission Appointment - Future Agenda Item Request.

RECOMMENDATION:

The City Council discuss the Policy.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Receive Public Comment
Motion / Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• Development Code on
Planning Commissioners
BACKGROUND:

Historically, the Planning Commission vacancies are recommended by the Councilmembers appointed by the Mayor as a committee assignment. The two-member committee reviews the applications and makes a recommendation to the full Council for consideration. Although staff has NOT found this written, this has been the past practice as far back as 20 years.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

Each Member can recommend an appointment with full Council ratification or suggest other recommendations.

FISCAL IMPACT:

None.

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•
• 19.02.100 - Planning Commission
A.

Purpose. The purpose of this Section is to establish the Planning Commission for the City of Twentynine Palms and identify the membership, powers and duties of the Planning Commission.

Membership. The Planning Commission shall consist of five members, each of whom shall be appointed by and serve at the pleasure of the City Council.

1. The Planning Commission shall represent differing segments of the community. The members of the Planning Commission shall be residents of the City and shall be registered voters. When a person serving on the Planning Commission ceases to be a resident of the City of Twentynine Palms, the City Council shall declare vacant such person's position on the Planning Commission and shall nominate another eligible person to the unexpired term.

2. No members of the Planning Commission shall hold any other remunerative office or position with the City. No member of the City Council shall be eligible for membership on the Planning Commission.

3. Planning Commissioners may, at the discretion of the City Council, be reappointed to subsequent terms of office upon the expiration of their term.

4. Members of the Planning Commission shall receive compensation for their attendance at each meeting of the Commission as deemed appropriate by the City Council by Resolution.

Term of Office. The term of office for Planning Commissioners shall be four years, or until their successor is sworn into office. Terms shall be staggered with three terms expiring in February following a threeperson City Council election and two terms expiring in February following a two-person City Council election.

1. To be considered for reappointment to the Planning Commission at the conclusion of each Planning Commissioner's term, Planning Commissioners shall be required to reapply for consideration of reappointment.

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Any member of the Planning Commission may be removed by a majority vote of the City Council at a duly noticed public meeting.

Absence from Meetings. If a member of the Planning Commission is absent from three successive regular meetings of the Planning Commission, without cause, the office of such member shall be deemed vacant and the Director shall immediately inform the City Council of such vacancy. An absence due to illness is an unavoidable absence and written notice thereof to the Chair of the Planning Commission on or before the day of any regular meeting of the Commission shall be deemed absence for cause.

Selection of Chair and Vice Chair. At the first meeting of April each year or as soon thereafter as practical, the Planning Commission shall elect its Chair from among the appointed members. The term of office as Chair shall be for one year. Upon selection and seating of the Chair, the Planning Commission shall elect a Vice Chair from among the four remaining members.

Planning Commission Meetings. The Planning Commission shall hold regular meetings. The meeting schedule shall be determined by the Planning Commission after selection of the Chair and Vice Chair.

Such determination shall include the dates, time and place of such meetings.

1. The Commission may hold additional adjourned or special meetings as may be called in accordance with the law.

2. If any regular meeting falls on a holiday, it shall be held on the next scheduled business day. All meetings otherwise scheduled or noticed to be held on a regular meeting day falling on a holiday shall be held at the meeting of the next business day without additional noticing requirements.

Powers of the Planning Commission.

1. The Planning Commission shall perform the following functions and shall have the power, except as otherwise provided by law, to:
a.

Act as the planning agency for the City of Twentynine Palms. b.

Prepare and implement the General Plan. Such duties to include:

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Review public works projects for consistency with the General Plan. ii.

Review discretionary projects and determine consistency with the General Plan. iii.

Promote public interest in the General Plan regarding its implementation.

2. Provide an annual report to the City Council on the status of the General Plan.

3. Recommend regulations for the future growth, development and beautification of the City, in respect to its public and private buildings and works, streets, schools, parks, grounds and vacant lots.

4. Recommend plans, consistent with the future growth and development of the City, to secure sanitation, proper service of public utilities, and transportation facilities.

5. Recommend to the City Council approval, conditional approval or disapproval of tentative maps of proposed subdivision of land.
a.

The City Council hereby designates the Planning Commission as its advisory agency with respect to the design and improvement of proposed subdivisions.
b.

Every such map or plat shall, prior to its final approval or disapproval by the Council, be submitted to the Commission for action thereon.

6. Hold public hearings to review and approve or deny, or make recommendation to the City Council on, development and land use applications as identified on Table 19.28.110-1 (Approving Authority for Land Use Permits) of the Development Code.

7. Perform other duties as shall be necessary to carry out the provisions of this Article and the provisions of the Conservation and Planning Act of the state, amendments or any act substituted therefore. •

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 10 2023
SUBJECT: City Council Regional Organizational Assignments.

RECOMMENDATION:

The City Council review Council assignments for Regional Organizations and make appointments as appropriate.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question (Roll Call Vote)
ATTACHMENTS:
• Council Organizational
Assignments 2022
BACKGROUND:

Members of the City Council are assigned to represent the City on various public agencies as board members, members of committees, or delegates. Council action is required to appoint members to these organizations.

The amount of required participation varies depending on the assignment. Although attendance is not always convenient, it is important that the City have continuing representation on these boards and committees because much of the work affects the City fiscally and otherwise. As a consequence, most of the appointments have an alternate delegate who attends if the primary representative is not available.

Due to the value of networking and establishing alliances, which can positively affect the City’s ability to obtain grants and other revenues, long-term (multi-year) participation in these positions can be beneficial.

ENVIRONMENTAL:

None.

ALTERNATIVES:

N/A
FISCAL IMPACT:

N/A

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COUNCIL ORGANIZATIONAL
ASSIGNMENTS 2022
Council Officers
Mayor – Karmolette O’Gilvie
Mayor Pro Tem – McArthur Wright
San Bernardino County Transportation Authority (SBCTA)
Meets 1st Wednesday at 10:00 a.m. in San Bernardino
Council Representative: Joel Klink
Alternate: Daniel L. Mintz, Sr.

SBCTA Measure I Committee
Meets 3rd Friday at 9:30 a.m. in Victorville
Council Representative: Joel Klink
Alternate: Daniel L. Mintz, Sr.

Desert/Mountain Division of the League of California Cities Meets quarterly on 4th Friday at 10:00 a.m. to 2:00 p.m. at various locations Council Representative: Daniel L. Mintz, Sr.

Alternate: McArthur Wright
Morongo Basin Transit Authority (MBTA)
Meets 3rd Thursday at 4:30 p.m. in Joshua Tree
Council Representative: Daniel L. Mintz, Sr.

Council Representative: McArthur Wright
Alternate: Karmolette O’Gilvie
San Bernardino County Solid Waste Task Force
(2x/year) Mojave Desert/Mountain Recycling Authority
Meets quarterly on 2nd Thursday at 10:00 a.m. in Victorville Council Representative: McArthur Wright
Alternate: Steven Bilderain
Mojave Desert Air Quality Management District (MDAQMD)
Meets 4th Monday at 10:00 a.m. in Victorville
Council Representative: Daniel L. Mintz, Sr.

Alternate: Steven Bilderain
These entities meet quarterly, or on call of the chairperson.

Mojave Desert Air Quality Management District (MDAQMD)
The MDAQMD is charged with oversight of air quality issues. Meetings are held monthly or more often depending on business before the District.

Subcommittee of City Council: The following are assignments on the subcommittees, which are formed by the City Council via appointment of the Mayor. They meet infrequently but as needed.

Economic Development Subcommittee
Daniel L. Mintz, Sr.

McArthur Wright
Project Phoenix
Joel Klink
McArthur Wright
Personnel Subcommittee
Daniel L. Mintz, Sr.

Karmolette O’Gilvie
Legislative
Steven Bilderain
Karmolette O’Gilvie
Planning Commission Subcommittee
McArthur Wright
Steven Bilderain
Community Block Grant (CDBG)
Karmolette O’Gilvie
Steven Bilderain
Budget and Audit
Daniel L. Mintz, Sr.

Steven Bilderain

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Twentynine Palms City CouncilJanuary 10, 2023

Twentynine Palms City Council
January 10, 2023