Twentynine Palms City Council
February 15, 2023

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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.

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all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.

APPROVED AND ADOPTED by the City Council of the City of Twentynine Palms at a regular meeting on the 15th 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 15th 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
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.

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Feb 15 2023
SUBJECT: Second Reading: DCA Chapter 19.102 Pot Belly Pigs.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.102 regarding regulations for Pot Belly Pigs.

ORDER OF PROCEDURE:

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

The City Council conducted a public hearing on January 10, 2023 to consider changes to Chapter 19.102 of the Twentynine Palms Development Code in regard to regulations for Pot Belly Pigs.

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

(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.

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:

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

ALTERNATIVES:

1. Request revisions from staff and postpone to a date certain.

2. Not adopt the revised Ordinance.

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 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 15 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 15th 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.

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.

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

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.

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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).

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 miniature pigs.

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.

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.

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.

STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Feb 15 2023
SUBJECT: 2023/2024 CDBG Funding Prioritization.

RECOMMENDATION:

The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2023-2024 to the outdoor basketball court reconstruction and resurfacing project and additional improvements within Luckie Park.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 23_24 CDBG Project
Prioritization
BACKGROUND:

In November 2022, the County of San Bernardino requested funding applications for the use of Community Development Block Grant (CDBG) funds for use within the City of Twentynine Palms. Notices were sent to nonprofit organizations to apply. The city and five non-profit agencies submitted funding applications.

During the months of December and early January, the Community Housing Development (CDH) Department reviewed all project application proposals for their eligibility and conformance to federal requirements. The department then forwarded the list of eligible project proposals to the City for funding recommendation and prioritization.

The City is estimated to receive approximately +/- $163,002 in CDBG funds for Fiscal Year 2023/2024. The requests for funding by all agencies total $220,000.

In past years, the City Council has agreed to allocate CDBG funds towards city construction projects and backfilled the non-profit requests with city general fund dollars, which are allocated during budget discussion in the spring.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to approve or prioritize funding for the project therefore, the funding will not be allocated by the county.

FISCAL IMPACT:

None.

City (1): City Council Hearing Date (2):

City's 2023-2024 Allocation (3):

Available Unprogrammed Funds From
Prior Years (5): $ 15,349
CDH Application Log #
(6)
Project Title
{* indicates project required a "General Fund Guarantee") (7)
Available
Unprogrammed
Funds to Commit
to Activity
(11)
Public Service
Amount
(12)
Activity
Total
(13)
0 0 0
0 0 0 0
0 0 0 0
0 0 0
0 0 0 0
0 0 0
0 0 0
0 0 0 0
0 0 0 0
Totals (14) $ - $ - $ - $ - $ -
Public Service Calculation (15):

Public Service Limit: $ 24,450
Less Total Public
Service Activity Amount: $ - $ 24,450
Remaining Balance of Unprogrammed Funds
(16): $ 15,349.00
Authorized City Representative (17):

Date (18)
COUNTY OF SAN BERNARDINO
Community Development and Housing Department
2023-2024 Community Development Block Grant (CDBG) Program CooperaLng City Recommended Projects Form
City of Twentynine Palms
$ 163,002 Public Service Limit (15%) (4): $ 24,450
Public Service
YIN
(8)
Applicant's
Requested Amount
(9)
City's 2023-2024
Recommended
Allocation Amount
(10)
0 0
0 0
0 Amount Available to Program to Public
Service Activities:

F33
Signature
General Fund Guarantee Certification (19)
For Third-Party capital improvement activities, the City understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program.

The City agrees to enter into a "General Fund Guarantee" in order for the County to recommend activity funding.

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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 15 2023
SUBJECT: Treasurer's Report - FY 2022/23 Quarter 2
ATTACHMENTS:
• TREASREP 12.31.22
• CD Report 12.31.22
FISCAL IMPACT:

N/A

Cit
y of Twent
ynine Palms
Treasurer's ReportDecember 31, 2022
Interest Market Percent
Depositor
y Term Matures Rate Amount Value of Total
Pett
y Cash and Cash on Hand On Hand N/A $740 $740 0.00%
PPBI Bank Checkin
g Account Demand 0.00% $5,750,499 $5,750,499 30.58%
PPBI Bank - Successor A
genc
y Demand 0.00% $296,225 $296,225 1.58%
Local A
genc
y Investment Fund Demand 2.07% $7,333,345 $7,196,866 38.27% Cerfificate of Deposit 3.37% $4,924,000 $4,742,281 25.22% Total Cit y Funds $18,304,809 $17,986,611 95.64%
Funds Held in Trust:Cash With Fiscal A
gent (Project Phoenix) $819,930 $819,930 4.36%
Total Funds in the Treasurer's Custod
y $19,124,739 $18,806,541 100.00%
NOTES:1) All the above investments are in compliance with the Cit y's Investment Polic
y.
2) The Cit
y has sufficient funds to meet its expenditure requirements for the next six months.

Prepared b
y: Abi
gail Hernandez Conde
Date: 1/17/22

City of Twentynine Palms RMB033895
Account eCD70981Report Name Position Report Export
Executed 12/31/2022
Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $707.48AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $803.62 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $426.57 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $668.58 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $603.44 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $761.33 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $759.50 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $668.58 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $845.92 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $761.33 LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $676.27 METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $631.89 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $405.76 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $749.09 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $1,000.49 QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $877.64 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $457.78 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $707.48 TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $749.10 TTCU FED CR UN TULSA 9/30/2022 9/29/2023 $249,000.00 Monthly 4.00% $845.92 Totals $4,924,000.00 3.37% $14,107.77

Cit
y of Twent
ynine Palms
Treasurer's ReportDecember 31, 2022
Interest Market Percent
Depositor
y Term Matures Rate Amount Value of Total
Pett
y Cash and Cash on Hand On Hand N/A $740 $740 0.00%
PPBI Bank Checkin
g Account Demand 0.00% $5,750,499 $5,750,499 30.58%
PPBI Bank - Successor A
genc
y Demand 0.00% $296,225 $296,225 1.58%
Local A
genc
y Investment Fund Demand 2.07% $7,333,345 $7,196,866 38.27% Cerfificate of Deposit 3.37% $4,924,000 $4,742,281 25.22% Total Cit y Funds $18,304,809 $17,986,611 95.64%
Funds Held in Trust:Cash With Fiscal A
gent (Project Phoenix) $819,930 $819,930 4.36%
Total Funds in the Treasurer's Custod
y $19,124,739 $18,806,541 100.00%
NOTES:1) All the above investments are in compliance with the Cit y's Investment Polic
y.
2) The Cit
y has sufficient funds to meet its expenditure requirements for the next six months.

Prepared b
y: Abi
gail Hernandez Conde
Date: 1/17/22

City of Twentynine Palms RMB033895
Account eCD70981Report Name Position Report Export
Executed 12/31/2022
Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $707.48AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $803.62 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $426.57 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $668.58 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $603.44 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $761.33 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $759.50 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $668.58 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $845.92 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $761.33 LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $676.27 METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $631.89 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $405.76 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $749.09 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $1,000.49 QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $877.64 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $457.78 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $707.48 TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $749.10 TTCU FED CR UN TULSA 9/30/2022 9/29/2023 $249,000.00 Monthly 4.00% $845.92 Totals $4,924,000.00 3.37% $14,107.77

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 15 2023
SUBJECT: Holiday Closure Schedule.

RECOMMENDATION:

The City Council approve City Council Resolution No. 23-____ and approve the revised City of Twentynine Palms observed holiday closure schedule.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question (Roll Call Vote)
ATTACHMENTS:
• RESO NO. 23-
BACKGROUND:

The City’s current observed holiday schedule was adopted in 2007 to be consistent with the County of San Bernardino’s schedule. Currently, the County observes 14 holidays and was closely aligned with other public agency closure schedules such as the Town of Yucca Valley which also currently observe 14 holidays.

On September 28, 2022, the employee committee, which consists of one (1) employee from each department, met and discussed the City’s current observed holiday schedule. With additional federal holidays having been designated since the City’s previous observed holiday closure adoption in 2007, the question was posed if the employees would like to remove Columbus Day from the holiday schedule and add Juneteenth and Cesar Chavez Day to the list of City observed holidays. Consensus of the employee committee was to remove Columbus Day and add Juneteenth and Cesar Chavez Day to the observed holiday closure schedule. Therefore, the proposed holiday closure schedule as follows:
• New Year’s Day
• Martin Luther King Jr. Day
• Presidents' Day
• Cesar Chavez Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Veterans Day

• Thanksgiving Day
• The Day after Thanksgiving (8-hour employees only)
• Christmas Eve
• Christmas Day
• New Year's Eve
*Holidays falling on Saturday will be observed on the preceding Friday. *Holidays falling on Sunday will be observed on the following Monday.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

The City Council can modify the recommendation as appropriate.

FISCAL IMPACT:

None.

CITY OF TWENTYNIE PALMS

CITY COUNCIL
RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF TWENTYNINE PALMS

APPROVING THE REVISION OF THE CITY' S EMPLOYEE HANDBOOK

HOLIDAY CLOSURE SCHEDULE
WHEREAS, the City' s personnel policy was originally adopted in 1994 and subsequently amended in 1996, 2006, and 2020; and
WHEREAS, the amended document will be used to guide the City Manager and Department Heads in providing guidelines for the supervision of staff; and WHEREAS, the amended document has been prepared to serve as an employee handbook describing staff obligations and employee benefits; and WHEREAS, the City Manager recommends that the City holiday closure schedule be amended and requires removing Columbus Day as an observed holiday and the addition of the following holidays into the City' s closure schedule: Cesar Chavez Day and Juneteenth; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TWENTYNINE PALMS, that the City Council hereby adopts the revision to the Personnel Policies and Employee Handbook and directs the City Manager to implement the personnel and supervisory policies within it and directs that copies of the new holiday closure schedule be distributed to the staff and to new employees as a resource to enhance their professional service.

PASSED, APPROVED AND ADOPTED on this 15th day of February 2023. ____________________________
McArthur Wright, Mayor
ATTEST:
___________________________
Cindy Villescas CMC, City Clerk
I hereby certify that the foregoing Resolution No. 23-____ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 15th day of February 2023 by the following vote of the Council:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
___________________________
Cindy Villescas, CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 15 2023
SUBJECT: Wastewater Outreach
RECOMMENDATION:

The City Council authorize the City Manager to negotiate and execute an agreement with CV Strategies for the Outreach on the Wastewater Treatment Project not to exceed $42,763.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Cost Proposal
• CV Strategies
BACKGROUND:

Wastewater generated in Twentynine Palms is currently treated in septic tanks or leach fields and discharged in the ground. The exceptions to this are the Mainside area of MCAGCC and some of the new subdivisions and businesses which contain on-site wastewater collection and treatment systems. The City is concentrated around commercial areas which run along State Highway 62, also known as Twentynine Palms Highway, and Adobe Road, which runs north to the Military Base. These areas contain the majority of multifamily and relatively dense single family land uses. Less dense single family and rural living are located in the majority of the remainder of the City. As population growth continues and more lands are urbanized, water usage, and therefore, septic loading within the District service area is anticipated to increase.

So, with the above, the City is moving forward with obtaining funding from State Water to fund a phased approach to sewering the City, along with a Treatment Plant to treat the effluent. The City has requested $158M for this project, as part of the project, and specifically a separate funding source from the State has an outreach component. The City's outreach consultant, CV Strategies, has proposed a plan and proposal to accomplish this outreach goal. CV Strategies has experience in this space, most recently, conducting the outreach for Yucca Valley with their septic to sewer project.

ENVIRONMENTAL:

Not applicable for this task, however the initial study is underway.

ALTERNATIVES:

The City Council could choose to change or delete some of the scope, or not approve the proposal.

FISCAL IMPACT:

The $42,763 is available with our Wastewater funding, paid through the $500K the City already allocated from reserves.

TASK HOURS COST
INITIAL OUTREACH 120 $22,200

1.1 Key Messages Development 10 $1,850
Craft key messages document
Create message deck for Council, supporting narrative and ensuring consistent messaging
Write and layout FAQs, building from initial key messages and incorporating staff, Council and community input

1.2 Facilitate Community Advisory Committee 70 $12,950
Secure applications for the committee by designing distributing advertisments, eblast & social media posts Manage committee selection process through lottery or Council appointment Communicate with the committee, as needed
Organize and conduct committee meeting series of four quarterly meetings

1.3 Create Sewer Treatment Facility Digital Presence 20 $3,700 Assess current content and information
Update webiste content, including FAQs, key messages and comment form Develop interactive map showing impacted areas
Evaluate existing social media tools, identifying opportunities Develop issue-driven social media toolkit

1.4 Initial Collateral Development 20 $3,700
Create handout
Design comment card and survey
Develop doorhanger for impacted households
Design layout, design elements and infographics
Translate into multiple languages as needed
STAFF TRAINING AND PUBLIC MEETING PREPARATION 45 $8,325

2.1 Provide Internal Support for City Staff 15 $2,775
Create FAQ packets to support frontline staff efforts
Conduct training for frontline staff to enhance communication Ensure outreach success through consistent messages and provide a solid understanding of the new technology and potential issues to spokespeople/frontline personnel

2.2 Support Staff for Productive Public Meetings & Events 30 $5,550 Provide as needed support for all public events
Schedule and offer meetings to all interested community groups Create “request a presentation” capability for all interested parties

CITY OF TWENTYNINE PALMS
Sewer Treatment Facility Support 2023-2024

TASK HOURS COST

CITY OF TWENTYNINE PALMS
Sewer Treatment Facility Support 2023-2024
Develop specific strategies for each target audience
Provide opportunities for transparent, two-way communication with all interested groups and individuals
Create traveling “road show” for deployment at City or public events Design presentations, poster boards, handouts, etc.

Develop and implement contact capturing tools and tracking, such as:
Develop database of all residents and stakeholders with whom City made contact with over the duration of the campaign
Separate residents and stakeholders by agendas, interests, and their respective outreach methods
Prepare follow-up and tracking tools
Create survey tool/feedback form for each meeting/presentation Build targeted survey tools for each in-person meeting to gauge change in attitudes and behaviors; develop related call to action materials Maintain community pulse; assist in responding to resident and stakeholder questions and concerns
Offer continued informational presentations to community groups highlighting progress
CREATIVE SERVICES AND ENGAGEMENT TOOL DEVELOPMENT 40 $7,400

3.1 Create and Execute Multi-Faceted Outreach Program 40 $7,400 Develop multi-faceted outreach program with a strategic timeline Build unique call-to-action and interactivity for all direct contact tools Work with media to ensure coverage is accurate and support the City’s intent to ensure reliable, high quality services
Attend Council Meetings to address any ongoing questions/concerns Develop targeted methodologies designed to reach residents and stakeholders including:
Press releases
Interactive web resources
Media outreach (including reporter roundtables, Op/Eds, etc.) Advertising materials to promote public meeting awareness and participation
Additional targeted collateral (mailers, brochures, flyers, signage, etc.) Billboards
Lobby information materials
Maps, images and infographics
Video elements
Proof-of-performance tools

TASK HOURS COST

CITY OF TWENTYNINE PALMS
Sewer Treatment Facility Support 2023-2024
LEGISLATIVE OUTREACH EFFORT 24 $4,440

4.1 Leverage Creative for Legislative Audiences 24 $4,440 Develop legislative handout template
Facilitate any revisions or printing, as needed
OUTREACH TOTAL 229 $42,365

January 6, 2023
Frank J. Luckino
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Dear Mr. Luckino,
Shifting away from septic systems to a more centralized and efficient sewer system can be complicated. CV Strategies has a proven track record in supporting these efforts and building a base of public goodwill.

Informing residents consistently with relevant information and digestible content balances educating stakeholders on benefits against spreading overly complex details, while combating misinformation and driving support.

Our deep knowledge of state and county mandate compliance issues, sewer treatment technology, funding mechanisms and groundwater basin health factors has prepared our team to tackle this kind of delicate messaging with alacrity and precision. The costs menu detailed in the following pages includes facilitating an advisory committee, providing outreach to the community and recording public sentiment regarding proposed sewer treatment options.

Through our phased approach, we will assist the City in planning and developing educational outreach and a roadmap of strategies throughout the process. Most recently, our firm guided the HiDesert Water District through outreach for the septic-to-sewer conversion. We laid the foundation for overwhelming approval of an assessment district by emphasizing protection of groundwater resources; publicized schedules and progress to minimize confusion and frustration; organized the ribbon cutting at the sewer treatment plant; and educated ratepayers about connecting to the system through the website, social media, newsletter and direct mail.

Please accept this document as our formal proposal to the City of Twentynine Palm for services beginning immediately or as deemed appropriate. We look forward to discussing a path forward with you soon.

CV Strategies looks forward to expanding our scope with the City of Twentynine Palms and surpassing your outreach goals.

Sincerely,
Erin LaCombe
President/Founder

Rates for Communication Services
» President – $240/hour
» Vice-President – $200/hour
» Account Manager/Specialist – $185/hour
» Design/Video/Photography – $165/hour
» Translation – $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

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Feb 15 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:

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:
• Appeal Application
• Chapter 19.41 Vacation Home
Rental
BACKGROUND:

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”.

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.

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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 19.41-1 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

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.

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.

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.

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.

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

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.

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.

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.

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).

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 15 2023
SUBJECT: Public Hearing On Issuance Of Tax-Exempt Bonds For Twentynine Palms Apartments And Resolution Approving The Issuance Of Bonds.

RECOMMENDATION:

1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of HPD Twentynine Palms II LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 48-unit multifamily rental housing project generally known as Twentynine Palms Apartments.

2. Adopt a Resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $9,000,000, for the benefit of HPD Twentynine Palms II LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 48-unit multifamily rental housing project generally known as Twentynine Palms Apartments.

ORDER OF PROCEDURE:

Request Staff Report (City Manager 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:
• Resolution 23-
BACKGROUND:

HPD Twentynine Palms II LP (the “Borrower”) has requested that the California Statewide Communities Development Authority (“CSCDA”) serve as the municipal issuer of tax-exempt multi-family housing revenue bonds in an aggregate principal amount not to exceed $9,000,000 (the “Bonds”). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, rehabilitation, improvement and equipping of a 48-unit affordable multifamily housing rental project located at 5862 Bagley Avenue, Twentynine Palms, California (the “Project”), which will be owned and operated by the Borrower. On November 30, 2022, the project received an award of private activity bond allocation from the California Debt Limit Allocation Committee. : In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Twentynine Palms (“City”) must conduct a Public Hearing (the “TEFRA Hearing”) providing the members of the community Page 241 of 310 an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project.

Adoption of the Resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on February 1, 2023.

CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of Beaumont. CSCDA has issued more than $70 billion through 1,700 plus financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount.

ENVIRONMENTAL:

Exempt.

ALTERNATIVES:

The City Council could choose not to approve the Resolution and give staff alternative direction.

FISCAL IMPACT:

There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing.

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING

REVENUE BONDS FOR THE TWENTYNINE PALMS APARTMENTS
WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Twentynine Palms (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and
WHEREAS, HPD Twentynine Palms II LP or a partnership of which Highland Property Development LLC (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $9,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation and development of a multifamily rental housing project located at 5862 Bagley Avenue, Twentynine Palms, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, the Bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and
WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and
WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a Public Hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such Public Hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and

WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and
WHEREAS, it is intended that this Resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, California finds and determines as follows:

Section 1. The above recitals are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement.

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby.

Section 4. This Resolution shall take effect immediately upon its passage.

PASSED, APPROVED and ADOPTED this ___ day of February, 2023. ________________________
McArthur Wright, Mayor
ATTEST:
____________________________
Cindy Villescas, CMC City Clerk

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

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_____________________________
Cindy Villescas CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Feb 15 2023
SUBJECT: Mission Statement of the Public Arts Advisory Committee (PAAC).

RECOMMENDATION:
1) The City Council adopt the Resolution setting the number of members of the Public Arts Advisory Committee (PAAC), as well as modifying the time and date of the meeting of the PAAC. 2) The City Council approve the revised Mission Statement of the Public Art Advisory Committee (PAAC).

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Call the Question
ATTACHMENTS:
• 2023-02-07 PAAC Mission
Statement
• 2023-02-15 PAAC Resolution
BACKGROUND:

The PAAC was formed in the early 2000s to encourage participation in the arts, as well as to obtain and maintain public art. At that time, membership was limited to five residents of the City of Twentynine Palms and was thus amended in 2009 to expand the membership to 7 members. Some members of the PAAC in the past were not residents of the City, but in the surrounding areas. Terms of office were not established in either of these actions.

Subsequently, the PAAC was focused primarily on permanent public sculptures, granting funds for youth in the arts, and organizing open-call exhibitions at the Visitor's Center.

The proposed revised Mission Statement makes the following changes to the PAAC's administrative organization:
1) Membership is established at 5 members, with the possible expansion to 7. 2) The majority of the members would be citizens of the City, with non-resident membership limited to a minority of those appointed.
3) Terms of four (4) years are established, with no limitations on the number of terms. 4) An abandoned process is established (i.e. if a member misses three consecutive meetings without notice, that member has abandoned the position).
5) Minimum qualifications are established to be a member. 6) The PAAC would review applications for membership, and then recommend candidates for appointment to the City Council.

The proposed revised Mission Statement also makes the following changes to the PAAC's goals:

1) Envision and oversee literary, visual, and performing arts programming; 2) Oversee public art performance and installations;
3) Support youth in the arts and programs in the community via granting; and 4) Sponsor Art in Public Places exhibitions, not exclusive to the Visitor Center The PAAC is intending to be more active in applying for grants and other public funding for arts programs, and to advise the City on aesthetic and design issues when called upon.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The City Council could choose to:
1) Modify the Mission Statement and related administrative functions of the PAAC and modify the Resolution accordingly;
2) Postpone the decision on the Mission Statement and related administrative functions of the PAAC; 3) Provide Staff with other direction.

FISCAL IMPACT:

None.

DRAFT REVISED MISSION STATEMENT: PUBLIC ART ADVISORY COMMITTEE, January 05, 2023
1 1. THE ARTS IN TWENTYNINE PALMS GENERAL PLAN
The City of Twentynine Palms' General Plan mission statement includes the vision to create and promote its residents' economic and social well-being, guided by sustainability and adaptability principles. Further defined by the goals of:
● Developing a strong and diversified local economy with a focus on arts, cultural tourism, retail, job growth, and overall quality of life for all community members, and ● Preserving the desert environment and its natural and cultural resources for future generations. To enhance its identity as an artistic community and to celebrate and expand its vital and rich artistic legacy, the City established the Art in Public Places (APP) Program in 2004.

2. PAAC MISSION STATEMENT
The City of Twentynine Palms established Art in Public Places in 2004 as part of its Public Arts Program. Art in Public Places is administered by the Public Arts Advisory Committee (PAAC). The Twentynine Palms City Council appoints its members who envision literary, visual, and performing arts programming; oversee public art performance and installations, support youth and the arts programs in the community, and sponsor Art in Public Places exhibitions.

The PAAC is directed toward supporting high-quality public art and performance in the City with the following objectives:
● To enrich the public environment for both residents and visitors ● To nurture, enhance, and encourage the community's participation in arts ● To enable Twentynine Palms to enhance its identity as an arts community ● To increase public access to promote an understanding and awareness of the arts In addition to developing new arts programming, the PAAC will maintain an inventory of existing permanent public art and oversee assessment and maintenance of City owned works.

DRAFT REVISED MISSION STATEMENT: PUBLIC ART ADVISORY COMMITTEE 2 3. PAAC COMMITTEE MEMBERS
Membership of the PAAC is composed of five arts professionals. A minimum of three members shall be residents of Twentynine Palms. A maximum of three members may be residents of the Twentynine Palms sphere of influence.
“Arts” shall be defined as encompassing the commonly accepted contemporary literary, visual and performing arts fields and “professional” shall be defined as having a minimum of five years experience in the field as demonstrated by activities listed on a CV. Arts professionals are defined as curators; visual and performing artists; writers, poets, architects, art critics, historians and educators, leaders of arts non profit organizations and other persons with arts backgrounds respected in their fields.

As the PAAC is a committee requiring expertise in a specific field, applications are reviewed by the PAAC then referred to the City Council for appointment. The term of the appointment is four years, with four members with terms ending on even years divisible by four, and the other members’ terms ending on even years not divisible by four. PAAC members may apply for reappointment at the conclusion of their term. The number of terms are unlimited, but term limits may be established bv the City Council.

4. PUBLIC ART ADVISORY COMMITTEE RESPONSIBILITIES
The PAAC is charged with the responsibility to:

1. Be the lead body in envisioning City initiated literary, visual and performing arts projects, work with the City Manager and the Community Development Director in determining appropriate arts project budgets and locations and to serve as the selection panel for all City initiated arts projects and events.

2. Serve as the first review body for all privately initiated literary, visual and performing arts projects and events requesting City funding regardless of funding body (ie TBID or City Council).

3. Provide aesthetic and technical recommendations for all public and private literary, visual and performing arts projects for City departments and City Council.

4. Create and recommend cultural policy for the literary, visual and performing arts for the City of Twentynine Palms.

5. Nurture, enhance, and encourage the community's participation in the arts through envisioning and funding literary, visual and performing arts programming, including grants for youth and adult programming in the arts.

6. Oversee periodic assessments of permanent public art in the City collection and recommend maintenance and preservation plans and budgets to City Council.

5. PAAC MEETING DATE, TIME AND LOCATION

DRAFT REVISED MISSION STATEMENT: PUBLIC ART ADVISORY COMMITTEE 3 The public is invited to attend the meetings and participate in promoting the arts in Twentynine Palms.

The PAAC meets on the third Wednesday of each month at 5:30 p.m. in Council Chambers at City Hall or as otherwise determined by the majority vote of the PAAC.

For more information, contact the City liaison for the PAAC, Diane Olsen, (760) 367-6799 ext.1007.

To receive art news, calls for art, and artist opportunities, email [email protected]

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS, CALIFORNIA, DETERMINING THE NUMBER OF

MEMBERS OF THE PUBLIC ARTS ADVISORY COMMITTEE (PAAC), AS

WELL AS DETERMINING THE DAY AND TIME OF MEETINGS FOR THE PAAC
WHEREAS, the City Council of the City of Twentynine Palms resolves as follows:

SECTION 1. The Public Arts Advisory Committee (PAAC) of the City of Twentynine Palms shall consist of a minimum of five (5) members but may be expanded to seven (7) members at the City Council’s discretion.

SECTION 2. The Public Arts Advisory Committee (PAAC) of the City of Twentynine Palms shall be held on the 3rd Wednesday of each month at the hour of 5:30 p.m., unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day.

PASSED, APPROVED AND ADOPTED on the 15th day of February, 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 23- was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on the 15th day of February, 2023 by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: City Clerk
FOR MEETING: Feb 15 2023
SUBJECT: Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

RECOMMENDATION:

The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

ORDER OF PROCEDURE:

Request Staff Report (City Clerk Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of the Motion
Call the Question
BACKGROUND:

The Southern California Association of Governments (SCAG) was established in 1965 and is the nation's largest metropolitan planning organization and council of governments representing six counties and more than 19 million residents. SCAG is a joint powers authority established under California law, which means that it is an association of local governments and agencies that voluntarily comes together on issues of common concern.

SCAG is mandated by Federal and State law to develop regional plans for transportation, growth, management, housing development, air quality, and other issues of regional significance. Through the SCAG adopted plans, the Regional Councilmembers, acting through SCAG, have kept Southern California eligible for billions of Federal and State dollars to assist with city and county programs.

The annual SCAG General Assembly will be held on Thursday and Friday, May 4-5, 2023, at the JW Marriott Desert Springs Resort & Spa in Palm Desert. Each year, SCAG's member cities select a delegate and an alternate delegate to represent their city at the annual meeting.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to select a delegate or alternate delegate and have no representation at the Annual General Assembly.

FISCAL IMPACT:

None.

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 15 2023
SUBJECT: Financial Report - Fiscal Year 2022-23 Mid-Year Budget Update.

RECOMMENDATION:

Staff is recommending the following actions:

1. The City Council review and accept the General Fund mid-year budget update for FY 2022-23.

2. Approve the inter-fund transfers from the General Fund to the Capital Projects Fund in the amount of $84,669 for the re-roof of City Buildings for FY 2022-23.

3. Approve the inter-fund transfer of $368,200 from the General Fund to the Sewer Fund for the Wastewater Package Treatment Plant at Project Phoenix for FY 2022-23.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• General Funds Budget 22_23
- Mid-Year Adjustments
• Mid-Year Budget Update FY
2022-23 - Presentation
BACKGROUND:

The mid-year financial report for the second quarter of 2022/23 is attached for City Council’s review and acceptance. The mid-year financial report reflects the current cash balances, year-to-date revenues and expenditures, reserves, and a “snapshot” of Fiscal Year 2023/24 budget. The intent of this report is to provide the City Council, Staff, and citizens with an overview of the financial condition of the City.

Cash Balances
The cash balances have increased since fiscal year-end June 30, 2022, by $3.23M, which is mainly due to the second ARPA installment received mid-July 2022. Our resources are diversified with $7.33M in Local Agency Investment Fund (LAIF) earning 2.07% interest rate; $5.75M in Pacific Premier Bank earning .70% of investment credits; and $4.74M in Certificate of Deposit earning an average of 3.37%. The City has $17.82M of liquid cash from the general fund and special funds.

Revenues:

Through the second quarter of this fiscal year (50% of the fiscal year or six months), the general fund collected $3.74M or 32% of the annual estimated revenue, excluding transfers in and reserves, this is due

to timing of receipts, which are typically collected in the second part of the fiscal year (January-June).

Property tax receipts through the first six months of the fiscal year account for 41% of the general fund revenue. The other major categories (Sales Tax, Transient Occupancy Tax (TOT), and Franchise Fees) are received through the second half of the year (January - June). TOT in the first quarter of the FY (July '21-September '21) was up by 7% from the prior year. The January receipts, which are for the second quarter of the FY (October '22-December '22), were due by January 31st, and came in at $548K, which is 4% higher compared to the prior year.

Operating Expenditures:

Through the second quarter of this fiscal year (50% of the fiscal year or six months) the general fund expenditures and encumbrances, excluding transfers out, are $5.62M or 47% spent on operations.

Prepaid OPEB/Insurance/PARS are completed in the beginning of the year. The other major categories (Salaries, benefits, and contract services) are within budget for the second quarter, and they account for 75% of the total general fund operating expenditures.

Transfers In/Out:

In July 2021, the City received its first installment of ARPA funds in the amount of $3.11M. The first allocation was spent in government services as outlined in the Final rule issued by the U.S. Department of the Treasury. The second installment was received in July 2022, and will be spent as follows: $2.40M for the rehabilitation of the Luckie Park Pool and $710K for public safety services provided by San Bernardino County Sheriff's Department.

In addition to the transfers already approved in prior meetings, Staff is requesting an additional transfer of $85K from the General Fund to the Capital Projects for re-roofing of City buildings. Staff is also requesting a transfer of $368K from the General Fund to the Sewer Fund for the City's match of 20% for the Wastewater Package Treatment Plant at Project Phoenix.

Transfers out previously approved total $4.05M and include the following: $1.21M for the Luckie Park Pool rehab; $1M for the Luckie Park light poles, $700K for the Animal Control Shelter/Building improvements; $250K for the Finance/Community Development building remodel; $500K for the City's Wastewater Treatment Plant; among others.

Reserves:

The unrestricted and unassigned reserve balance for the General Fund as of June 30, 2022 is $6.94M or 67% of actual expenditures, which is in line with the City's reserve policy of 60-65% of total operating expenditures. At the June 14, 2022 City Council meeting, Council approved the use of $1.37M from reserves for the Luckie Park Pool rehab, however, within a week of this meeting, Staff received notice that the City would be awarded $1.3M from the State Department of Parks and Recreation for this project. As such, the $1.3M was recategorized and is reflected in the unassigned fund balance for FY 2021-22, and the related transfer to the Capital Projects fund in the amount of $1.3M was cancelled. Staff is projecting a surplus of $168K for FY 2022-23, and an unassigned fund balance of $6.96M, which equates to 57% of the City's total operating expenditures. A recommendation to lower the City's reserve policy to 50-55% will be presented to the Council at a later date.

Fiscal 2023-24 “Snapshot”:

Staff is projecting a surplus of only $14K for FY 2023-24, which is mainly driven by a moderate and conservative increase in revenues, as well as a 5% increase in Salaries and Law Enforcement contract services. In addition to the 5% increase for law enforcement services, Staff is projecting an increase of $260K for one more detective needed to assist with the current workload in the investigations department serving the City.

ENVIRONMENTAL:

Not Applicable Page 256 of 310
ALTERNATIVES:

The City Council could choose to make policy changes on funding.

FISCAL IMPACT:

A Balanced Budget.

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED
R E V E N U E ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS Total Revenue and Transfers In 11,999,506 $ 15,965,305 $ 15,305,541 $ 3,878,795 $ 17,058,926 $ 16,646,204 $ (412,722) $ Total Expenditures and Transfers Out 10,053,624 $ 15,055,653 $ 14,923,327 $ 5,752,688 $ 16,828,453 $ 16,478,133 $ (350,320) $ Net Revenue (Loss) 1,945,883 $ 909,652 $ 382,214 $ (1,873,893) $ 230,473 $ 168,071 $ (62,402) $

CITY OF TWENTYNINE PALMS

GENERAL FUND BUDGET

SUMMARY
FISCAL YEAR 2021-2022
AND FISCAL YEAR 2022-2023
1

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE R E V E N U E ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS PROPERTY TAXES:
01 0000 4101Current and Prior Year 2,310,529 $ 2,417,497 $ 2,255,887 $ 1,525,528 $ 2,346,122 $ 2,417,497 $ 71,375 $ 01 0000 4106Property Tax / VLF 3,228,060 $ 3,413,408 $ 3,357,182 $ - $ 3,549,944 $ 3,794,418 $ 244,474 $ 01 0000 4110Property Transfer Fees 90,417 $ 126,323 $ 64,480 $ 25,943 $ 67,059 $ 90,417 $ 23,358 $ 01 0000 4115Utility Unitary Tax 169,582 $ 160,546 $ 162,171 $ 6,327 $ 161,686 $ 160,546 $ (1,140) $ 01 0000 4120Sales & Use Tax 1,445,428 $ 1,586,033 $ 1,344,263 $ 627,395 $ 1,536,751 $ 1,536,066 $ (685) $ 01 0000 4125Transient Occupancy Tax 1,653,114 $ 2,126,699 $ 1,400,000 $ 439,137 $ 1,653,114 $ 1,880,000 $ 226,886 $ 01 0000 4140Franchise Fees 766,859 $ 844,290 $ 680,000 $ 117,103 $ 866,320 $ 829,000 $ (37,320) $ 01 0000 4145Business License Fees 60,131 $ 89,617 $ 48,000 $ 32,687 $ 50,000 $ 50,000 $ - $ 01 0000 4155Motor Vehicle In-Lieu Tax 21,459 $ 34,619 $ 22,000 $ - $ 35,000 $ 35,000 $ - $ 01 0000 4200Animal Control Revenue 77,049 $ 90,469 $ 90,000 $ 40,842 $ 80,000 $ 80,000 $ - $ 01 0000 4220Planning & Engineering Fees 91,758 $ 145,263 $ 55,000 $ 123,211 $ 70,000 $ 210,000 $ 140,000 $ 01 0000 4224Building & Road Permits 511,731 $ 754,576 $ 325,000 $ 324,946 $ 450,000 $ 642,000 $ 192,000 $ 01 0000 4245Interest 71,447 $ 65,356 $ 60,000 $ 73,341 $ 60,000 $ 65,000 $ 5,000 $ 01 0000 4252Grant Revenue 13,399 $ 79,727 $ 80,000 $ - $ 15,000 $ 56,800 $ 41,800 $ 01 0000 4254CARES Act of 2020 729,918 $ - $ - $ - $ - $ - $ - $ 01 0000 4272Rent 61,974 $ 62,821 $ 52,000 $ 31,590 $ 54,000 $ 64,000 $ 10,000 $ 01 0000 4288Burrtec/Street Sweeper 120,000 $ 140,000 $ 120,000 $ 40,000 $ 120,000 $ 100,000 $ (20,000) $ 01 0000 4602Park & Rec Sponsorship - $ - $ - $ - $ - $ - $ - $ 01 0000 4603Swimming Pool 25,447 $ 11,694 $ 10,000 $ - $ 15,000 $ 4,000 $ (11,000) $ 01 0000 4605Recreation Fees 28,070 $ 112,181 $ 129,000 $ 61,888 $ 85,000 $ 86,000 $ 1,000 $ 01 0000 4608Park & Rec Event Fees 14,677 $ 53,490 $ 30,000 $ 33,264 $ 60,000 $ 42,000 $ (18,000) $ 01 0000 4610Project Phoenix Community Center - $ - $ 7,500 $ - $ 5,000 $ 2,000 $ (3,000) $ 01 0000 4611EV Charging Fees - $ 5,449 $ - $ 5,986 $ 9,600 $ 12,000 $ 2,400 $ 01 0000 4702Police Grants 156,894 $ 161,330 $ 150,000 $ 127,673 $ 150,000 $ 150,000 $ - $ 01 0000 4703SRO Contract 52,690 $ 64,262 $ 64,262 $ 88,217 $ 86,335 $ 88,217 1,882 $ 01 0000 4890Miscellaneous 87,623 $ 134,049 $ 40,000 $ 19,816 $ 40,000 $ 48,248 $ 8,248 $ 01 0000 4XXXReserves/COPS Deferred Rev 50,000 $ 80,437 $ 1,496,437 $ 69,608 $ 2,243,844 $ 953,844 $ (1,290,000) $ TOTAL REVENUE 11,838,256 $ 12,760,136 $ 12,043,182 $ 3,814,502 $ 13,809,775 $ 13,397,053 $ (412,722) $ TRANSFER IN:
01 0000 4316Admin Fees 161,250 $ 88,750 $ 145,940 $ 64,293 $ 130,543 $ 130,543 $ - $ 01 0000 4316ARPA Revenue Loss Transfer - $ 3,116,419 $ 3,116,419 $ - $ 3,118,608 $ 3,118,608 $ - $ TOTAL TRANSFER IN 161,250 $ 3,205,169 $ 3,262,359 $ 64,293 $ 3,249,151 $ 3,249,151 $ - $

TOTAL REVENUE AND
TRANSFERS IN 11,999,506 $ 15,965,305 $ 15,305,541 $ 3,878,795 $ 17,058,926 $ 16,646,204 $ (412,722) $

GENERAL FUND REVENUE BUDGET
All revenue that is not designated to go to another fund is General Fund revenue. This revenue is used to pay for the general expenditures of the City. 2

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0101 City Council 46,696 $ 53,448 $ 61,207 $ 31,454 $ 73,277 $ 73,277 $ - $ 01 0102 City Administration 384,461 $ 523,864 $ 537,729 $ 286,867 $ 617,383 $ 621,350 $ 3,967 $ 01 0103 City Attorney 166,620 $ 104,289 $ 110,000 $ 37,673 $ 110,000 $ 110,000 $ - $ 01 0104 City Hall 168,463 $ 172,730 $ 177,856 $ 110,886 $ 172,462 $ 178,528 $ 6,066 $ 01 0105 Finance 219,659 $ 276,057 $ 243,447 $ 128,021 $ 318,026 $ 311,276 $ (6,750) $ 01 0106 City Clerk 124,318 $ 201,341 $ 213,776 $ 81,933 $ 184,512 $ 187,240 $ 2,728 $ 01 0107 Nondepartmental 2,148,471 $ 5,369,137 $ 5,251,996 $ 769,922 $ 6,220,034 $ 5,464,431 $ (755,603) $ 01 0108 Successor Administration 162,514 $ 151,585 $ 137,500 $ 61,373 $ 110,543 $ 110,543 $ - $ 01 0109 IT Department 231,464 $ 268,337 $ 255,957 $ 143,501 $ 296,536 $ 302,536 $ 6,000 $ 01 1010 Community Development 361,647 $ 422,879 $ 435,229 $ 300,054 $ 634,555 $ 640,705 $ 6,150 $ 01 1011 Code Enforcement 121,567 $ 147,455 $ 174,823 $ 107,427 $ 187,171 $ 195,571 $ 8,400 $ 01 1012 Building, Safety & Eng. 388,207 $ 630,638 $ 291,775 $ 275,557 $ 394,150 $ 602,714 $ 208,564 $ 01 1013 Economic Development 19,761 $ 67,946 $ 60,633 $ 27,294 $ 154,054 $ 155,054 $ 1,000 $ 01 2021 Law Enforcement 4,033,321 $ 4,738,745 $ 4,772,948 $ 2,333,905 $ 4,855,629 $ 4,961,826 $ 106,197 $ 01 2022 Animal Control 360,686 $ 455,858 $ 473,449 $ 242,426 $ 518,010 $ 534,827 $ 16,817 $ 01 3031 Community Services 127,720 $ 185,573 $ 226,642 $ 110,383 $ 242,580 $ 246,329 $ 3,749 $ 01 3032 Recreation Department 194,091 $ 370,284 $ 432,437 $ 229,848 $ 479,934 $ 482,556 $ 2,622 $ 01 3033 Luckie Park Pool 53,364 $ 39,489 $ 80,988 $ 2,928 $ 62,651 $ 55,724 $ (6,927) $ 01 3034 Senior Center 24,797 $ 37,793 $ 38,945 $ 24,016 $ 46,926 $ 50,343 $ 3,417 $ 01 3035 Community Events 80,715 $ 169,682 $ 166,689 $ 79,493 $ 162,433 $ 164,933 $ 2,500 $ 01 3036 Patriotic Hall 6,299 $ 9,421 $ 10,331 $ 4,011 $ 11,977 $ 10,847 $ (1,130) $ 01 3037 Luckie Park Activity Center 7,001 $ 5,078 $ 14,816 $ 2,532 $ 15,378 $ 10,813 $ (4,565) $ 01 3038 Project Phoenix Community Center - $ 24,175 $ 59,943 $ 42,277 $ 111,367 $ 161,188 $ 49,821 $ 01 4041 Public Works/Street Sweeping 150,569 $ 144,224 $ 175,297 $ 114,681 $ 269,170 $ 272,517 $ 3,347 $ 01 4045 Parks Maintenance 471,213 $ 485,624 $ 518,913 $ 204,226 $ 579,695 $ 573,005 $ (6,690) $ TOTAL EXPENDITURES 10,053,624 $ 15,055,653 $ 14,923,327 $ 5,752,688 $ 16,828,453 $ 16,478,133 $ (350,320) $

GENERAL FUND EXPENDITURE SUMMARY
General or operating expenditures provide basic services throughout the City and are charged to the General Fund. 3

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0101 Expenditures
01 0101 5110Salaries 28,793 $ 28,793 $ 29,000 $ 14,861 $ 29,000 $ 29,000 $ - $ 01 0101 5250Insurance 11,539 $ 13,280 $ 18,613 $ 7,087 $ 20,469 $ 20,469 $ - $ 01 0101 5251Retirement 2,793 $ 2,752 $ 2,667 $ 1,404 $ 2,648 $ 2,648 $ - $ 01 0101 5252Workers Comp 913 $ 699 $ 927 $ 577 $ 1,160 $ 1,160 $ - $ 01 0101 6251Training & Meetings 2,658 $ 7,924 $ 10,000 $ 7,525 $ 20,000 $ 20,000 $ - $ TOTAL EXPENDITURES 46,696 $ 53,448 $ 61,207 $ 31,454 $ 73,277 $ 73,277 $ - $

CITY COUNCIL
The City Council is the Legislative body that governs the City and is made up of five elected members who meet regularly on the second and fourth Tuesday of each month.
4

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0102 Expenditures
01 0102 5110Salaries 289,009 $ 324,600 $ 323,690 $ 187,863 $ 376,781 $ 376,781 $ - $ 01 0102 5235Vehicle/Cell Allowance 4,665 $ 5,667 $ 5,461 $ 2,881 $ 5,538 $ 5,900 $ 362 $ 01 0102 5250Insurance 32,763 $ 45,509 $ 43,441 $ 22,506 $ 58,688 $ 58,688 $ - $ 01 0102 5251Retirement 32,790 $ 35,671 $ 35,917 $ 20,099 $ 40,650 $ 40,650 $ - $ 01 0102 5252Workers Comp 10,094 $ 8,792 $ 12,987 $ 8,335 $ 15,071 $ 15,071 $ - $ 01 0102 5253PTO 6,218 $ 10,220 $ 5,000 $ 11,835 $ 5,000 $ 20,000 $ 15,000 $ 01 0102 5254Unemployment Insurance 675 $ - $ - $ - $ - $ - $ - $ 01 0102 6244Staff Education Reimbursement - $ 1,995 $ 25,000 $ - $ 25,000 $ 25,000 $ - $ 01 0102 6251Training & Meetings 2,774 $ 6,879 $ 7,500 $ 3,716 $ 15,000 $ 15,000 $ - $ 01 0102 6359Contract & Consulting 5,473 $ 43,622 $ 40,000 $ 3,822 $ 5,905 $ 15,500 $ 9,595 $ 01 0102 6359Contract & Consulting - Outreach - $ 40,909 $ 38,733 $ 25,810 $ 66,000 $ 45,010 $ (20,990) $ 01 0102 6518Electronic Equipment - $ - $ - $ - $ 3,750 $ 3,750 $ - $ TOTAL EXPENDITURES 384,461 $ 523,864 $ 537,729 $ 286,867 $ 617,383 $ 621,350 $ 3,967 $ Executive Assistant 95%, Human Resources 96.5%, and Office Assistant 100%

CITY ADMINISTRATION
City Manager and administrative staff carry out policies set by the City Council and supports the day to day operations of the City. City Manager 72%, 5

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0103 Expenditures
01 0103 6107City Attorney 166,620 $ 104,289 $ 110,000 $ 37,673 $ 110,000 $ 110,000 $ - $ TOTAL EXPENDITURES 166,620 $ 104,289 $ 110,000 $ 37,673 $ 110,000 $ 110,000 $ - $

CITY ATTORNEY
The City Attorney acts as legal advisor to the City Council and the Successor Agency. 6

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0104 Expenditures
01 0104 6210Electricity 16,452 $ 18,688 $ 15,600 $ 13,015 $ 19,226 $ 21,491 $ 2,265 $ 01 0104 6211Gas 1,561 $ 2,429 $ 1,786 $ 477 $ 3,385 $ 3,385 $ - $ 01 0104 6212Water 11,578 $ 16,335 $ 10,500 $ 9,925 $ 17,942 $ 19,602 $ 1,660 $ 01 0104 6221Telephone 9,609 $ 9,840 $ 9,611 $ 4,359 $ 10,683 $ 10,824 $ 141 $ 01 0104 6291Building Operations & Main 23,913 $ 11,079 $ 30,000 $ 8,675 $ 11,000 $ 13,000 $ 2,000 $ 01 0104 6359Contract & Consulting Services 23,862 $ 33,000 $ 29,000 $ 12,000 $ 29,000 $ 29,000 $ - $ 01 0104 6441Debt Svc Interest Payment 40,624 $ 39,434 $ 39,434 $ 19,415 $ 38,206 $ 38,206 $ - $ 01 0104 6442Debt Svc Principal Payment 40,864 $ 41,925 $ 41,925 $ 43,020 $ 43,020 $ 43,020 $ - $ TOTAL EXPENDITURES 168,463 $ 172,730 $ 177,856 $ 110,886 $ 172,462 $ 178,528 $ 6,066 $

CITY HALL
This Department supports the cost associated with the daily operation of City Hall. 7

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0105 Expenditures
01 0105 5110Salaries 140,647 $ 162,325 $ 144,500 $ 88,008 $ 187,104 $ 187,104 $ - $ 01 0105 5250Insurance 16,980 $ 20,628 $ 18,630 $ 10,052 $ 23,637 $ 23,637 $ - $ 01 0105 5251Retirement 14,469 $ 15,574 $ 13,721 $ 7,893 $ 16,322 $ 16,322 $ - $ 01 0105 5252Workers Comp 5,014 $ 5,092 $ 4,696 $ 3,666 $ 7,463 $ 7,463 $ - $ 01 0105 5253PTO 7,958 $ 30,807 $ 22,000 $ 421 $ 6,000 $ 6,000 $ - $ 01 0105 6241Office Supplies 3,480 $ 1,428 $ 4,000 $ 1,062 $ 4,000 $ 4,000 $ - $ 01 0105 6251Training & Meetings - $ 1,942 $ 1,500 $ 304 $ 6,000 $ 7,000 $ 1,000 $ 01 0105 6257Dues & Subscriptions 578 $ 2,230 $ 1,000 $ - $ 1,500 $ 2,500 $ 1,000 $ 01 0105 6359Contract & Consulting - $ 5,000 $ 2,400 $ 3,926 $ 30,850 $ 20,000 $ (10,850) $ 01 0105 6518Computer Software
& Hardware 17,231 $ 14,409 $ 16,000 $ 5,058 $ 19,250 $ 19,250 $ - $ 01 0105 6554Payroll Service 13,302 $ 16,622 $ 15,000 $ 7,631 $ 15,900 $ 18,000 $ 2,100 $ TOTAL EXPENDITURES 219,659 $ 276,057 $ 243,447 $ 128,021 $ 318,026 $ 311,276 $ (6,750) $

FINANCE DEPARTMENT
The Finance Department accounts for financial activities including payroll accounts payable, the receipt of monies, issuance of business licenses, preparation of the annual budget and annual audit.
8

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0106 Expenditures
01 0106 5110Salaries 90,716 $ 96,843 $ 96,842 $ 54,619 $ 109,234 $ 109,234 $ - $ 01 0106 5235Vehicle/Cell Allowance 1,029 $ 2,160 $ 1,080 $ 1,140 $ 2,160 $ 2,288 $ 128 $ 01 0106 5250Insurance 10,428 $ 9,921 $ 10,012 $ 5,277 $ 10,741 $ 10,741 $ - $ 01 0106 5251Retirement 11,234 $ 11,838 $ 11,815 $ 6,681 $ 13,338 $ 13,338 $ - $ 01 0106 5252Workers Comp 3,178 $ 2,598 $ 3,147 $ 2,327 $ 4,369 $ 4,369 $ - $ 01 0106 5253PTO - $ - $ 2,670 $ - $ 2,670 $ 2,670 $ - $ 01 0106 6231Printing - $ 367 $ 1,800 $ - $ 1,800 $ 1,800 $ - $ 01 0106 6233Legal Notices 2,455 $ 8,029 $ 3,000 $ 5,954 $ 3,000 $ 9,000 $ 6,000 $ 01 0106 6241Office Supplies 1,477 $ 724 $ 2,000 $ 335 $ 2,000 $ 2,000 $ - $ 01 0106 6244Miscellaneous - $ 1,543 $ - $ 66 $ - $ 1,600 $ 1,600 $ 01 0106 6251Training & Meetings 359 $ 4,125 $ 2,000 $ 1,467 $ 4,000 $ 5,000 $ 1,000 $ 01 0106 6257Dues & Subscriptions 527 $ 1,518 $ 850 $ 3,645 $ 1,000 $ 2,000 $ 1,000 $ 01 0106 6349Marketing - $ - $ 17,000 $ - $ 17,000 $ 10,000 $ (7,000) $ 01 0106 6359Contract & Consulting - $ 5,110 $ 6,400 $ - $ 6,400 $ 6,400 $ - $ 01 0106 6360Special Department
Supplies - $ - $ 2,000 $ 422 $ 2,000 $ 2,000 $ - $
01 0106 6405Redistricting - $ 56,306 $ 53,160 $ - $ - $ - $ - $ 01 0106 6411Elections 2,915 $ 259 $ - $ - $ 4,800 $ 4,800 $ - $ TOTAL EXPENDITURES 124,318 $ 201,341 $ 213,776 $ 81,933 $ 184,512 $ 187,240 $ 2,728 $

CITY CLERK
The City Clerk records and retains the records of the City Council, Planning Commission and other City activities. 9

2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0107 Expenditures
01 0107 6231Printing 599 $ 3,514 $ 2,000 $ 908 $ 2,500 $ 3,000 $ 500 $ 01 0107 6232Advertising Note 1 $ 6,360 2,729 $ 3,500 $ 2,775 $ 3,500 $ 7,000 $ 3,500 $ 01 0107 6241Office Supplies 13,352 $ 14,202 $ 12,000 $ 8,022 $ 14,000 $ 14,500 $ 500 $ 01 0107 6242Postage 6,511 $ 8,478 $ 8,000 $ 5,288 $ 7,500 $ 9,000 $ 1,500 $ 01 0107 6243Credit Card Admin Fees 20,144 $ 35,890 $ 13,000 $ 28,297 $ 24,000 $ 40,000 $ 16,000 $ 01 0107 6244Miscellaneous Note 2 $ 23,792 15,117 $ 28,201 $ 8,683 $ 37,500 $ 37,500 $ - $ 01 0107 6246Cafeteria Plan Costs 1,440 $ 1,428 $ 2,000 $ 705 $ 2,000 $ 2,000 $ - $ 01 0107 6257Dues & Subscriptions Note 3 $ 15,824 14,079 $ 16,500 $ 18,271 $ 17,881 $ 20,881 $ 3,000 $ 01 0107 6259Dues, League of Cal. Cities 10,682 $ 11,002 $ 12,953 $ - $ 14,019 $ 14,019 $ - $ 01 0107 6281Emergency/Safety Management 23,466 $ 6,847 $ 9,000 $ 3,429 $ 9,000 $ 9,000 $ - $ 01 0107 6282CARES Act of 2020 216,774 $ - $ - $ - $ - $ - $ - $ 01 0107 6282CARES Act of 2020 - Sheriff Contract services $ - 483,659 $ - $ - $ - $ - $ - $ 01 0107 6291Rental Property Maintenance 6,853 $ 1,093 $ 10,500 $ 17,065 $ 10,500 $ 36,000 $ 25,500 $ 01 0107 6327Copiers at City Hall 6,239 $ 6,447 $ 7,000 $ 3,286 $ 7,000 $ 7,000 $ - $ 01 0107 6354Audit 42,571 $ 56,335 $ 59,200 $ 5,599 $ 59,200 $ 59,200 $ - $ 01 0107 6359Contract Svcs-Equipment Maint - $ 18,356 $ - $ 625 $ - $ - $ - $ 01 0107 6359Contract Svcs-LAFCO - $ 9,299 $ 9,299 $ (9,299) $ - $ (9,299) $ (9,299) $ 01 0107 6370Lobbyist 40,800 $ 82,021 $ 79,200 $ 40,000 $ 81,600 $ 82,600 $ 1,000 $ 01 0107 6372Property Tax Collection Charges 4 $ 35,237 - $ 20,000 $ - $ 20,000 $ 20,000 $ - $ 01 0107 6418PERS Pension UAL - Fire 34,000 $ 39,783 $ 39,783 $ 56,889 $ 56,889 $ 56,889 $ - $ 01 0107 6419OPEB Note 5 $ (114,029) - $ - $ - $ - $ - $ - $ 01 0107 6420OPEB Retiree Medical Note 6 $ 135,883 119,383 $ 128,852 $ 67,947 $ 144,782 $ 143,852 $ (930) $ 01 0107 6431Liability and Property Tax Insurance 7 $ 201,916 245,760 $ 200,200 $ 286,069 $ 253,312 $ 286,069 $ 32,757 $ 01 0107 6501Citation Processing Fee 1,625 $ 5,066 $ 4,800 $ 2,789 $ 4,800 $ 5,500 $ 700 $ 01 0107 6509Grant Purchases - $ 32,421 $ 15,000 $ 30,519 $ 15,000 $ 31,800 $ 16,800 $ 01 0107 6544Water Assessment 5,957 $ 6,166 $ 6,000 $ 6,287 $ 6,537 $ 6,537 $ - $ 01 0107 6753Prepay Pers Unfunded Liability 11,495 $ 29,697 $ 29,697 $ 57,314 $ 57,314 $ 57,314 $ - $ 01 0107 6850Transfers Out 804,716 $ 4,692,998 $ 4,512,311 $ 128,375 $ 5,350,200 $ 4,503,069 $ (847,131) $ 01 0107 6879ADA Compliance 20,000 $ - $ 20,000 $ - $ 20,000 $ 20,000 $ - $ 01 0107 6993Adopt-A-Street Program 520 $ 578 $ 1,000 $ 79 $ 1,000 $ 1,000 $ - $ 01 0107 6994Veterans' Day Event - $ 2,533 $ 2,000 $ - $ - $ - $ - $ TOTAL EXPENDITURES 2,148,471 $ 5,369,137 $ 5,251,996 $ 769,922 $ 6,220,034 $ 5,464,431 $ (755,603) $ Expenditures of the General Fund that benefits all departments, or are not easily assigned to a

NONDEPARTMENTAL
particular department are charged to Nondepartmental.
10 Page 267 of 310
Note 1:

Advertising is a provisional account which is used for advertising personnel openings.

Note 2:

Note 3:

Dues and subscriptions are for those items that are not attributable to a particular department examples are: LAFCO, FCC publications, ASCAP, SANBAG, ICMA/CAL, CMA, ERC and Basin-wide Foundation.

Note 4:

Note 5:

OPEB is an amount the City pays to a third party administrator (PARS, previously CalPERS) to be set aside for future payment of Other Post Employment Benefits or retiree medical costs.

The 2022-2023 due is calculated every two years by an actuary.

As of FY 21/22, the City's OPEB plan is 100% funded.

Note 6:

Note 7:

Liability and property insurance is for the amount the City pays for coverage BUDGET the Public Agency Risk Sharing Authority of California (PARSAC) plus the cost of our self insured retention (deductible).

NONDEPARTMENTAL - NOTES
Miscellaneous expenditures are used for various unexpected costs that come up during the year.

Property tax collection expenditures cover the amount the County charges the City for processing the property tax rolls.

OPEB retiree medical is the amount the City pays each year for the medical premiums of current retirees.
11 Page 268 of 310
2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0108 Expenditures
01 0108 5110Salaries 127,075 $ 119,037 $ 109,904 $ 48,456 $ 85,937 $ 85,937 $ - $ 01 0108 5250Insurance 13,956 $ 14,708 $ 13,015 $ 4,863 $ 12,215 $ 12,215 $ - $ 01 0108 5251Retirement 13,723 $ 12,417 $ 11,009 $ 4,841 $ 8,933 $ 8,933 $ - $ 01 0108 5252Workers Comp 5,260 $ 4,423 $ 3,572 $ 2,013 $ 3,458 $ 3,458 $ - $ 01 0108 6359Contract & Consulting SVC 2,500 $ 1,000 $ - $ 1,200 $ - $ - $ - $ TOTAL EXPENDITURES 162,514 $ 151,585 $ 137,500 $ 61,373 $ 110,543 $ 110,543 $ - $

SUCCESSOR AGENCY
Successor Agency Administrative cost associated with supporting this department. 12 Page 269 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 0109 Expenditures
01 0109 5110Salaries 106,718 $ 112,402 $ 112,283 $ 62,098 $ 123,539 $ 123,539 $ - $ 01 0109 5236Equipment Allowance 154 $ - $ - $ - $ - $ - $ - $ 01 0109 5250Insurance 7,618 $ 7,787 $ 7,913 $ 4,023 $ 8,140 $ 8,140 $ - $ 01 0109 5251Retirement 8,276 $ 8,555 $ 8,523 $ 4,613 $ 9,228 $ 9,228 $ - $ 01 0109 5252Workers Comp 3,590 $ 2,948 $ 3,649 $ 2,745 $ 4,942 $ 4,942 $ - $ 01 0109 5253PTO - $ 1,990 $ - $ 5,041 $ - $ 6,000 $ 6,000 $ 01 0109 6221Telephone 785 $ 606 $ 800 $ 278 $ 800 $ 800 $ - $ 01 0109 6241Office Supplies 33 $ - $ 500 $ 66 $ 250 $ 250 $ - $ 01 0109 6251Training & Meetings - $ - $ 4,000 $ 152 $ 8,000 $ 8,000 $ - $ 01 0109 6257Dues & Subscriptions - $ - $ - $ - $ 500 $ 500 $ - $ 01 0109 6279Internet Connection/TV 18,707 $ 31,941 $ 22,200 $ 11,248 $ 30,088 $ 30,088 $ - $ 01 0109 6355Laserfiche, The Box & Malware 8,341 $ 6,945 $ 6,789 $ 5,980 $ 7,363 $ 7,363 $ - $ 01 0109 6355Web Hosting, Splashtop, Adobe & Help Desk 1,315 $ 12,556 $ 6,000 $ 10,346 $ 14,368 $ 14,368 $ - $ 01 0109 6359Rack Space 70,640 $ 71,071 $ 70,800 $ 29,775 $ 74,418 $ 74,418 $ - $ 01 0109 6518Electronic Equipment 5,287 $ 11,536 $ 12,500 $ 7,136 $ 14,900 $ 14,900 $ - $ TOTAL EXPENDITURES 231,464 $ 268,337 $ 255,957 $ 143,501 $ 296,536 $ 302,536 $ 6,000 $

IT DEPARTMENT
The IT Department is responsible for providing the infrastructure for automation. It implements the governance for the use of network and operating systems, and it assists all departments by providing them the functionality they need. 13 Page 270 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 1010 Expenditures
01 1010 5109Planning Comm. Salaries 7,650 $ 9,900 $ 10,000 $ 3,600 $ 10,000 $ 10,000 $ - $ 01 1010 5110Salaries 270,104 $ 275,022 $ 279,161 $ 160,351 $ 414,363 $ 371,363 $ (43,000) $ 01 1010 5250Insurance 31,278 $ 33,186 $ 33,756 $ 19,663 $ 50,893 $ 50,893 $ - $ 01 1010 5251Retirement 23,856 $ 24,062 $ 24,339 $ 13,871 $ 34,875 $ 34,875 $ - $ 01 1010 5252Workers Comp 9,085 $ 7,289 $ 9,073 $ 7,412 $ 16,574 $ 16,574 $ - $ 01 1010 5253PTO 1,243 $ 5,063 $ - $ 21,361 $ - $ 23,000 $ 23,000 $ 01 1010 6233Legal Notices 4,041 $ 5,026 $ 5,500 $ 3,217 $ 5,500 $ 5,500 $ - $ 01 1010 6251Training & Meetings 148 $ 1,828 $ 2,000 $ - $ 4,000 $ 4,000 $ - $ 01 1010 6256Training & Meetings
Planning Commissioners - $ 7,027 $ 3,000 $ - $ 6,000 $ 6,000 $ - $ 01 1010 6257Dues & Subscriptions - $ - $ 500 $ - $ 500 $ 500 $ - $ 01 1010 6359Contract Services 481 $ 2,784 $ 2,000 $ 41,527 $ 27,000 $ 45,000 $ 18,000 $ 01 1010 6360Special Department Supplies 3,550 $ 7,272 $ 14,500 $ 835 $ 14,500 $ 14,500 $ - $ 01 1010 6361Public Arts Advisory Committee 10,211 $ 14,995 $ 15,000 $ 845 $ 15,000 $ 15,000 $ - $ 01 1010 6504Mine Inspection - $ 3,267 $ 10,000 $ - $ 10,000 $ 10,000 $ - $ 01 1010 6518Electronic Equipment - Desktops - $ - $ - $ 1,223 $ 3,750 $ 3,750 $ - $ 01 1010 6518Comm. Dev. Software - Citizenserve - $ 26,158 $ 26,400 $ 26,149 $ 21,600 $ 29,750 $ 8,150 $ TOTAL EXPENDITURES 361,647 $ 422,879 $ 435,229 $ 300,054 $ 634,555 $ 640,705 $ 6,150 $

COMMUNITY DEVELOPMENT
Community Development performs planning duties and oversees the building and code enforcement functions. 14 Page 271 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 1011 Expenditures
01 1011 5110Salaries 62,306 $ 78,645 $ 77,833 $ 54,403 $ 91,954 $ 91,954 $ - $ 01 1011 5250Insurance 4,399 $ 6,457 $ 10,463 $ 5,517 $ 7,070 $ 7,070 $ - $ 01 1011 5251Retirement 3,764 $ 5,949 $ 5,907 $ 4,058 $ 6,869 $ 6,869 $ - $ 01 1011 5252Workers Comp 2,218 $ 2,077 $ 2,530 $ 2,319 $ 3,678 $ 3,678 $ - $ 01 1011 5253Paid Time Off 2,790 $ - $ - $ - $ - $ - $ - $ 01 1011 6107Attorney Fees 10,636 $ 2,500 $ 7,500 $ 1,512 $ 7,500 $ 7,500 $ - $ 01 1011 6221Phone 490 $ 465 $ 700 $ 229 $ 700 $ 600 $ (100) $ 01 1011 6241Office supplies 973 $ 15 $ 1,000 $ 434 $ 1,000 $ 1,000 $ - $ 01 1011 6251Training & Meetings - $ - $ 750 $ 1,724 $ 1,500 $ 2,500 $ 1,000 $ 01 1011 6262Equipment Maintenance &
Operation - $ 668 $ 1,000 $ 21 $ 300 $ 300 $ - $
01 1011 6272Vehicle Maintenance &
Operation 5,184 $ 2,423 $ 3,300 $ 1,382 $ 4,000 $ 4,000 $ - $ 01 1011 6332Uniforms - $ 142 $ 500 $ 244 $ 500 $ 500 $ - $ 01 1011 6359Contract Services 8,300 $ 13,058 $ 8,500 $ 4,469 $ 9,000 $ 9,000 $ - $ 01 1011 6359Contract Services - VHR Code Enforcement - $ 22,484 $ 37,340 $ 13,552 $ 35,100 $ 35,100 $ - $ 01 1011 6504Mine Inspection 9,302 $ - $ - $ - $ - $ - $ - $ 01 1011 6548Dangerous Building
Abatement 7,482 $ 6,518 $ 12,500 $ 16,100 $ 12,500 $ 20,000 $ 7,500 $ 01 1011 6549Illegal Dump Cleanup 3,723 $ 6,054 $ 5,000 $ 1,463 $ 5,500 $ 5,500 $ - $ TOTAL EXPENDITURES 121,567 $ 147,455 $ 174,823 $ 107,427 $ 187,171 $ 195,571 $ 8,400 $

CODE ENFORCEMENT
The Code Enforcement Officer responds to citizen complaints, inspects properties that appear to be unsafe or have violations and issues citations when necessary. Occasionally a property needs to be boarded up or tagged as uninhabitable. 15 Page 272 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 1012 Expenditures
01 1012 6362Building & Safety
Contracts 292,963 $ 482,144 $ 216,775 $ 198,644 $ 300,150 $ 443,714 $ 143,564 $ 01 1012 6363Engineering Contract 95,244 $ 148,494 $ 75,000 $ 76,913 $ 94,000 $ 159,000 $ 65,000 $ TOTAL EXPENDITURES 388,207 $ 630,638 $ 291,775 $ 275,557 $ 394,150 $ 602,714 $ 208,564 $ Issuance of building permits and the related inspections along with plan checks and review of engineering plans are the main duties of this department. The building contract expenditures are based on 66.7% of the building permit fees collected by the City.

BUILDING, SAFETY AND ENGINEERING
16 Page 273 of 310
2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 1013 Expenditures
01 1013 5120Salaries 4,852 $ 11,213 $ 11,000 $ 2,154 $ 29,379 $ 29,379 $ - $ 01 1013 5250Insurance 1,225 $ 2,929 $ 5,633 $ 454 $ 4,585 $ 4,585 $ - $ 01 1013 5251Retirement 364 $ 827 $ - $ 138 $ 2,195 $ 2,195 $ - $ 01 1013 5252Workers Comp 157 $ 277 $ 375 $ 82 $ 1,175 $ 1,175 $ - $ 01 1013 6210Utilities SCE, Gas, Water 3,369 $ 3,226 $ 2,625 $ 3,736 $ 5,720 $ 5,720 $ - $ 01 1013 6291Maintenance 360 $ 410 $ 1,000 $ 395 $ 1,000 $ 1,000 $ - $ 01 1013 6349Marketing 5,315 $ 25,000 $ 25,000 $ - $ - $ - $ - $ 10 1013 6359Contract Services - $ 6,975 $ - $ - $ - $ - $ - $ 01 1013 6371Community Events
and Promotion Art Expo 4,119 $ 924 $ - $ 335 $ - $ 1,000 $ 1,000 $ 01 1013 6373Economic Development Plan - $ 14,995 $ 15,000 $ - $ 10,000 $ 10,000 $ - $ 01 1013 6374Economic Development
Activities - $ 1,170 $ - $ 20,000 $ 100,000 $ 100,000 $ - $ TOTAL EXPENDITURES 19,761 $ 67,946 $ 60,633 $ 27,294 $ 154,054 $ 155,054 $ 1,000 $

ECONOMIC DEVELOPMENT
Economic Development focuses on attracting tourists and businesses to the City. This involves joint operation of the visitors' center with the Chamber of Commerce, community events and print as well as internet advertising. 17 Page 274 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 2021 Expenditures
01 2021 6252Overtime 45,573 $ 46,398 $ 62,681 $ - $ 65,815 $ 65,815 $ - $ 01 2021 6255Cal-ID program 34,170 $ 34,524 $ 34,148 $ 35,361 $ 35,362 $ 35,362 $ - $ 01 2021 6272Vehicle Maint & Operation 93,976 $ 127,215 $ 100,000 $ - $ 100,000 $ 100,000 $ - $ 01 2021 6359Contract services - Sheriff 4,201,324 $ 1,376,873 $ 1,735,585 $ 1,516,174 $ 3,816,496 $ 3,922,693 $ 106,197 $ 01 2021 6359CARES Act of 2020/ARPA Reimbursements (483,659) $ 3,012,246 $ 2,713,534 $ 710,956 $ 710,956 $ 710,956 $ - $ 01 2021 6360Special department supplies 1,305 $ 3,385 $ 2,000 $ 1,806 $ 2,000 $ 2,000 $ - $ 01 2021 6378COPS/SLESA grants 140,632 $ 138,104 $ 125,000 $ 69,608 $ 125,000 $ 125,000 $ - $ TOTAL EXPENDITURES 4,033,321 $ 4,738,745 $ 4,772,948 $ 2,333,905 $ 4,855,629 $ 4,961,826 $ 106,197 $

LAW ENFORCEMENT
The City contracts with the San Bernardino County Sheriff for police protection. The contract includes patrol, investigation, school resource officer and all other police duties.
18 Page 275 of 310
2020-2021 2021-2022 2021-2022 2022-2023 2022-2023 2022-2023

ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 2022 Expenditures
01 2022 5110Salaries 214,736 $ 248,548 $ 259,854 $ 142,241 $ 276,772 $ 276,772 $ - $ 01 2022 5235Vehicle/Cell Allowance - $ 420 $ 420 $ 210 $ 420 $ 420 $ - $ 01 2022 5250Insurance 30,868 $ 46,171 $ 47,291 $ 26,645 $ 60,476 $ 60,476 $ - $ 01 2022 5251Retirement 19,565 $ 21,355 $ 22,013 $ 11,903 $ 23,293 $ 23,293 $ - $ 01 2022 5252Workers Comp 7,419 $ 6,520 $ 8,445 $ 4,939 $ 11,071 $ 11,071 $ - $ 01 2022 5253PTO 8,871 $ 11,587 $ 20,000 $ 5,906 $ 20,000 $ 20,000 $ - $ 01 2022 5254Unemployment Insurance 500 $ - $ 5,000 $ - $ 5,000 $ 5,000 $ - $ 01 2022 6210Electricity 8,093 $ 15,176 $ 12,000 $ 6,393 $ 11,480 $ 17,452 $ 5,972 $ 01 2022 6211Natural and Propane Gas 4,613 $ 5,263 $ 4,000 $ 1,195 $ 5,500 $ 6,052 $ 552 $ 01 2022 6212Water 2,557 $ 5,327 $ 4,200 $ 2,254 $ 5,902 $ 7,000 $ 1,099 $ 01 2022 6221Telephone 1,921 $ 2,028 $ 1,576 $ 881 $ 2,036 $ 2,231 $ 195 $ 01 2022 6231Printing 637 $ 1,425 $ 1,000 $ - $ 1,600 $ 1,600 $ - $ 01 2022 6232Advertising 1,449 $ 1,834 $ 1,600 $ 1,994 $ 2,500 $ 2,500 $ - $ 01 2022 6241Office Supplies 1,661 $ 1,381 $ 2,000 $ 1,385 $ 2,000 $ 2,000 $ - $ 01 2022 6251Training & Meetings 79 $ 5,471 $ 3,750 $ - $ 3,000 $ 3,000 $ - $ 01 2022 6272Vehicle Operation & Maint. 6,991 $ 12,826 $ 12,000 $ 7,677 $ 12,000 $ 14,000 $ 2,000 $ 01 2022 6290Grounds Operation & Maint. 2,830 $ 3,338 $ 3,500 $ 145 $ - $ 500 $ 500 $ 01 2022 6291Building Operation & Maint. 8,917 $ 8,097 $ 8,500 $ 2,991 $ 11,300 $ 11,300 $ - $ 01 2022 6312Small Equipment & Tools 3,117 $ 3,381 $ 3,250 $ 13 $ 3,250 $ 3,250 $ - $ 01 2022 6332Uniforms 2,107 $ 2,372 $ 3,250 $ 2,360 $ 3,250 $ 3,250 $ - $ 01 2022 6359Contract Services 1,618 $ 2,184 $ 2,000 $ - $ 2,000 $ 2,500 $ 500 $ 01 2022 6360Special Dept. Supplies 2,664 $ 5,604 $ 5,000 $ 1,819 $ 5,000 $ 6,000 $ 1,000 $ 01 2022 6422Veterinary Services 20,433 $ 22,345 $ 20,000 $ 13,298 $ 20,000 $ 25,000 $ 5,000 $ 01 2022 6423License Tags 4,196 $ 3,557 $ 4,000 $ 264 $ 4,000 $ 4,000 $ - $ 01 2022 6424Animal Disposal 2,681 $ 6,287 $ 5,000 $ - $ 7,000 $ 7,000 $ - $ 01 2022 6425Leashes, Collars etc. 1,759 $ 1,846 $ 1,800 $ 727 $ 1,800 $ 1,800 $ - $ 01 2022 6426Animal Food & Cat Litter 404 $ 11,515 $ 12,000 $ 7,186 $ 14,000 $ 14,000 $ - $ 01 2022 6518Electronic Equipment - Tablets - $ - $ - $ - $ 2,610 $ 2,610 $ - $ 01 2022 6518Software - Sheltermanager - $ - $ - $ - $ 750 $ 750 $ - $ TOTAL EXPENDITURES 360,686 $ 455,858 $ 473,449 $ 242,426 $ 518,010 $ 534,827 $ 16,818 $

ANIMAL CONTROL
The department investigates animal complaints, issues licenses and operates the animal shelter. An Animal Control Officer is available 24 hours a day subject to call-out.
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3031 Expenditures
01 3031 5110Salaries 76,659 $ 95,098 $ 94,599 $ 51,792 $ 103,661 $ 103,661 $ - $ 01 3031 5235Vehicle/Cell Allowance - $ - $ - $ 600 $ 1,200 $ 1,200 $ - $ 01 3031 5250Insurance 10,282 $ 10,883 $ 10,658 $ 5,465 $ 11,041 $ 11,041 $ - $ 01 3031 5251Retirement 8,824 $ 11,565 $ 11,541 $ 6,336 $ 12,657 $ 12,657 $ - $ 01 3031 5252Workers Comp 2,714 $ 2,796 $ 3,074 $ 2,222 $ 4,146 $ 4,146 $ - $ 01 3031 5253PTO - $ 9,096 $ 5,500 $ - $ 5,500 $ 5,500 $ - $ 01 3031 6210Electricity 2,209 $ 2,577 $ 6,500 $ 1,895 $ 6,000 $ 6,000 $ - $ 01 3031 6211Natural Gas - $ - $ 320 $ - $ 320 $ - $ (320) $ 01 3031 6212Water 486 $ 520 $ 1,050 $ 245 $ 1,155 624 $ (531) $ 01 3031 6221Telephone 3,960 $ 3,539 $ 6,200 $ 1,400 $ 6,200 $ 4,000 $ (2,200) $ 01 3031 6241Office Supplies 3,574 $ 3,718 $ 4,500 $ 2,099 $ 4,500 $ 4,500 $ - $ 01 3031 6251Training & Meetings - $ 26 $ 3,000 $ 2,751 $ 6,000 $ 6,000 $ - $ 01 3031 6257Dues & Subscriptions - $ 900 $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3031 6272Vehicle Operation & Maint. 82 $ - $ 2,000 $ 5,730 $ 2,000 $ 6,500 $ 4,500 $ 01 3031 6291Building Operation & Maint. 8,579 $ 6,418 $ 15,000 $ 3,857 $ 15,000 $ 15,000 $ - $ 01 3031 6293Building Operation &
Maintenance - Preschool 918 $ 931 $ 1,000 $ 412 $ 1,000 $ 1,000 $ - $ 01 3031 6294Building Operation &
Maintenance - Theatre 29 63 $ 48 $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3031 6327Rent/Lease Equipment 2,214 $ 13,566 $ 3,000 $ 1,120 $ 3,000 $ 3,000 $ - $ 01 3031 6359Contract Consulting/Booking 7,156 $ 6,892 $ 6,700 $ 4,459 $ 7,200 $ 9,500 $ 2,300 $ 01 3031 6760Contributions to Non-profits - $ 17,000 $ 50,000 $ 20,000 $ 50,000 $ 50,000 $ - $ TOTAL EXPENDITURES 127,720 $ 185,573 $ 226,642 $ 110,383 $ 242,580 $ 246,329 $ 3,749 $ Provides administrative oversight of recreation, swimming pool, etc., schedules building use and rental, coordinates events, coordinates CDBG and other capital improvement grants for the parks.

COMMUNITY SERVICES ADMINISTRATION
20 Page 277 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3032 Expenditures
01 3032 5110Salaries-Full Time 99,266 $ 178,471 $ 184,655 $ 112,453 $ 223,419 $ 223,419 $ - $ 01 3032 5120Salaries-Part Time and
Summer youth programs 34,088 $ 38,143 $ 49,406 $ 14,109 $ 35,836 $ 35,836 $ - $ 01 3032 5235Vehicle/Cell Allowance - $ 420 $ 420 $ 210 $ 420 $ 420 $ - $ 01 3032 5250Insurance 20,592 $ 32,819 $ 45,937 $ 21,969 $ 46,539 $ 46,539 $ - $ 01 3032 5251Retirement 7,638 $ 13,197 $ 14,012 $ 8,346 $ 16,689 $ 16,689 $ - $ 01 3032 5252Workers Comp 4,350 $ 5,552 $ 7,607 $ 4,207 $ 10,371 $ 10,371 $ - $ 01 3032 5253PTO - $ - $ 2,900 $ - $ 2,900 $ 2,900 $ - $ 01 3032 5254Unemployment Insurance 379 $ - $ 2,000 $ - $ 2,000 $ 2,000 $ - $ 01 3032 6210Electricity 3,444 $ 4,245 $ 6,500 $ 2,131 $ 6,760 $ 4,882 $ (1,878) $ 01 3032 6232Advertising - $ - $ 500 $ - $ 500 $ 500 $ - $ 01 3032 6241Office Supplies 1,367 $ 1,019 $ 2,000 $ 357 $ 2,000 $ 2,000 $ - $ 01 3032 6251Training & Meetings 841 $ 771 $ 3,000 $ 5,711 $ 6,000 $ 6,000 $ - $ 01 3032 6253Awards & Trophies 172 $ 11,010 $ 14,000 $ 4,247 $ 14,000 $ 12,000 $ (2,000) $ 01 3032 6257Dues & Subscriptions 315 $ - $ 1,000 $ 140 $ 1,000 $ 1,000 $ - $ 01 3032 6262Equipment Operation & Maint. 235 $ 1,100 $ 2,000 $ 1,040 $ 2,000 $ 3,500 $ 1,500 $ 01 3032 6272Vehicle Operation & Maint. 2,523 $ 8,760 $ 3,000 $ 12,698 $ 3,000 $ 16,000 $ 13,000 $ 01 3032 6290Grounds Operation & Maint. 8,220 $ 20,545 $ 10,000 $ 14,399 $ 22,000 $ 17,000 $ (5,000) $ 01 3032 6291Building Operation & Maint. 1,897 $ 2,731 $ 2,500 $ 1,568 $ 2,500 $ 2,500 $ - $ 01 3032 6292Minor Building Improv. 742 $ 2,453 $ 5,000 $ - $ 2,000 $ 2,000 $ - $ 01 3032 6312Small Tools 92 $ 488 $ 1,000 $ 558 $ 1,000 $ 1,000 $ - $ 01 3032 6332Uniforms 1,138 $ 22,384 $ 28,000 $ 14,470 $ 28,000 $ 28,000 $ - $ 01 3032 6359Referees & Umpires 266 $ 7,372 $ 12,000 $ 3,244 $ 12,000 $ 12,000 $ - $ 01 3032 6360Special Dept. Supplies 6,526 $ 5,968 $ 7,000 $ 4,222 $ 11,000 $ 11,000 $ - $ 01 3032 6369Instructors Fees - $ 12,836 $ 28,000 $ 3,769 $ 28,000 $ 25,000 $ (3,000) $ TOTAL EXPENDITURES 194,091 $ 370,284 $ 432,437 $ 229,848 $ 479,934 $ 482,556 $ 2,622 $ Coordinates and oversees youth & adult sports leagues, instructional classes, maintenance of ball fields, summer day camp and other activities.

RECREATION DEPARTMENT
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3033 Expenditures
01 3033 5120Salaries-Temporary
Lifeguards 21,410 $ 27,159 $ 32,000 $ - $ 19,000 $ 18,000 $ (1,000) $ 01 3033 5250Insurance 310 $ 366 $ 464 $ - $ 276 $ 276 $ - $ 01 3033 5252Workers Comp 700 $ 699 $ 1,040 $ - $ 760 $ 760 $ - $ 01 3033 5254Unemployment Insurance - $ - $ 1,300 $ - $ 1,300 $ 1,300 $ - $ 01 3033 6210Electricity 7,546 $ 3,962 $ 10,506 $ 949 $ 10,927 $ 8,000 $ (2,927) $ 01 3033 6211Natural Gas 4,885 $ 198 $ 7,253 $ 15 $ 6,000 $ 4,000 $ (2,000) $ 01 3033 6212Water 1,750 $ 1,750 $ 2,625 $ 726 $ 2,888 $ 2,888 $ - $ 01 3033 6221Telephone 691 $ 530 $ 600 $ 279 $ 600 $ 600 $ - $ 01 3033 6251Training & Meetings 1,547 $ 315 $ 1,000 $ - $ 500 $ 500 $ - $ 01 3033 6262Equipment operation & Maint. 1,531 $ - $ 1,500 $ - $ 1,500 $ 1,500 $ - $ 01 3033 6290Grounds Maintenance 910 $ - $ 700 $ - $ 700 $ 700 $ - $ 01 3033 6291Building & Pool Maint. 10,624 $ 4,470 $ 18,000 $ 959 $ 9,000 $ 8,000 $ (1,000) $ 01 3033 6292Minor Building Improvements 193 $ 21 $ 2,000 $ - $ 1,000 $ 1,000 $ - $ 01 3033 6332Uniforms 137 $ - $ 500 $ - $ 700 $ 700 $ - $ 01 3033 6360Special Dept. Supplies 1,130 $ 19 $ 1,500 $ - $ 7,500 $ 7,500 $ - $ TOTAL EXPENDITURES 53,364 $ 39,489 $ 80,988 $ 2,928 $ 62,651 $ 55,724 $ (6,927) $ Operates swimming pool from May Through September and provides lifeguards. The pool is used by the High School swim team from February to May.

LUCKIE PARK SWIMMING POOL
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3034 Expenditures
01 3034 6210Electricity 12,686 $ 13,172 $ 12,245 $ 9,136 $ 13,447 $ 15,148 $ 1,701 $ 01 3034 6211Natural Gas 1,750 $ 2,020 $ 1,900 $ 786 $ 1,929 $ 2,323 $ 394 $ 01 3034 6212Water 4,339 $ 5,397 $ 4,200 $ 2,833 $ 4,964 $ 6,476 $ 1,512 $ 01 3034 6221Telephone 2,439 $ 2,178 $ 2,100 $ 1,204 $ 2,585 $ 2,396 $ (189) $ 01 3034 6291Building Operation & Maint. 2,692 $ 3,525 $ 4,000 $ 2,824 $ 4,000 $ 4,000 $ - $ 01 3034 6292Minor Building Improvements 641 $ 26 $ 2,000 $ 108 $ 2,000 $ 2,000 $ - $ 01 3034 6359Maintenance Contract 250 $ 11,475 $ 12,500 $ 7,125 $ 18,000 $ 18,000 $ - $ TOTAL EXPENDITURES 24,797 $ 37,793 $ 38,945 $ 24,016 $ 46,926 $ 50,343 $ 3,418 $

SENIOR CENTER
Oversee lease agreement between City and County and Reach Out Morongo Basin, a local not-for-profit organization. Staff assists in maintenance and general repair of the building.
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3035 Expenditures
01 3035 5110Salaries 52,023 $ 72,116 $ 67,015 $ 29,477 $ 48,384 $ 48,384 $ - $ 01 3035 5250Insurance 5,514 $ 7,387 $ 6,273 $ 6,235 $ 11,799 $ 11,799 $ - $ 01 3035 5251Retirement 4,012 $ 5,131 $ 5,086 $ 2,154 $ 3,614 $ 3,614 $ - $ 01 3035 5252Workers Comp 1,795 $ 1,833 $ 2,178 $ 1,168 $ 1,936 $ 1,936 $ - $ 01 3035 6232Advertising - $ - $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3035 6241Office Supplies 18 $ - $ 1,000 $ 210 $ 1,000 $ 1,000 $ - $ 01 3035 6251Meeting & Travel - $ - $ 2,000 $ 567 $ 2,000 $ 2,000 $ - $ 01 3035 6253Awards/Trophies - $ - $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3035 6257Dues & Subscriptions 192 $ 1,629 $ 2,700 $ - $ 2,700 $ 2,700 $ - $ 01 3035 6291Building Repair & Maint. - $ 303 $ - $ - $ - $ - $ - $ 01 3035 6332Uniforms - $ - $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3035 6371Misc. Community Events 13,076 $ 35,521 $ 38,437 $ 20,985 $ 33,000 $ 33,000 $ - $ 01 3035 6381Fireworks, July 4 - $ - $ - $ 2,015 $ 5,000 $ 5,000 $ - $ 01 3035 6382Rotary Carnival 1,988 $ 6,285 $ 4,000 $ - $ 4,000 $ 4,000 $ - $ 01 3035 6383Youth Boys/Girls Basketball Tournament - $ 10,121 $ 15,000 $ - $ 15,000 $ 12,500 $ (2,500) $ 01 3035 6384Park 2 Park Bike Ride-JT 55 1,104 $ 10,719 $ 5,000 $ 865 $ 5,000 $ 10,000 $ 5,000 $ 01 3035 6385Desert Oasis Car Show - $ 12 $ 5,000 $ 3,484 $ 5,000 $ 5,000 $ - $ 01 3035 6386Pioneer Days 242 $ 15,386 $ 5,000 $ 12,333 $ 16,000 $ 16,000 $ - $ 01 3035 6387Movies in the Park 51 $ 3,239 $ 5,000 $ - $ 5,000 $ 5,000 $ - $ 01 3035 6388Census Complete Count 700 $ - $ - $ - $ - $ - $ - $ TOTAL EXPENDITURES 80,715 $ 169,682 $ 166,689 $ 79,493 $ 162,433 $ 164,933 $ 2,500 $

COMMUNITY EVENTS
Plans and oversees City sponsored Community Events for the public from conception to clean up. 24 Page 281 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3036 Expenditures
01 3036 6210Electricity 2,209 $ 3,940 $ 5,253 $ 1,895 $ 5,463 $ 4,531 $ (932) $ 01 3036 6211Natural Gas 581 $ 707 $ 630 $ 85 $ 1,129 $ 1,129 $ - $ 01 3036 6212Water 922 $ 853 $ 998 $ 721 $ 1,097 $ 1,024 $ (73) $ 01 3036 6221Telephone 629 $ 1,057 $ 450 $ 535 $ 1,288 $ 1,163 $ (125) $ 01 3036 6291Building Repair & Maint. 1,958 $ 2,864 $ 3,000 $ 775 $ 3,000 $ 3,000 $ - $ TOTAL EXPENDITURES 6,299 $ 9,421 $ 10,331 $ 4,011 $ 11,977 $ 10,847 $ (1,130) $

PATRIOTIC HALL
Facility is rented to the public for events. Staff is responsible for scheduling of building and maintenance. 25 Page 282 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3037 Expenditures
01 3037 6210Electricity 1,591 $ 2,267 $ 6,000 $ 1,121 $ 6,240 $ 2,607 $ (3,633) $ 01 3037 6211Natural Gas 550 $ 414 $ 565 $ 165 $ 565 $ 565 $ - $ 01 3037 6212Water 763 $ 784 $ 551 $ 363 $ 873 $ 941 $ 68 $ 01 3037 6291Building Repair & Maint. 3,178 $ 1,613 $ 6,000 $ 883 $ 6,000 $ 5,000 $ (1,000) $ 01 3037 6292Minor Building Improvements 919 $ - $ 1,700 $ - $ 1,700 $ 1,700 $ - $ TOTAL EXPENDITURES 7,001 $ 5,078 $ 14,816 $ 2,532 $ 15,378 $ 10,813 $ (4,565) $

LUCKIE PARK ACTIVITY CENTER
Classes are held on an ongoing basis (dance, yoga, Zumba etc.) Facility is rented to the public for events. Staff is responsible for scheduling of building and maintenance.
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 3038 Expenditures
01 3038 5110Salaries 4,025 $ 17,230 $ 21,164 $ 43,403 $ 43,403 $ - $ 01 3038 5120Salaries-Part Time - $ 13,500 $ - $ - $ - $ - $ 01 3038 5250Insurance 824 $ 4,705 $ 4,916 $ 10,384 $ 10,384 $ - $ 01 3038 5251Retirement 308 $ 1,309 $ 1,586 $ 3,242 $ 3,242 $ - $ 01 3038 5252Workers Comp 90 $ 999 $ 687 $ 1,736 $ 1,736 $ - $ 01 3038 6210Electricity 401 $ 5,250 $ - $ 15,000 $ 60,011 $ 45,011 $ 01 3038 6211Natural Gas 1,994 $ 2,400 $ 454 $ 7,200 $ 6,000 $ (1,200) $ 01 3038 6212Water 7,325 $ 1,250 $ 2,381 $ 10,230 $ 8,000 $ (2,230) $ 01 3038 6221Telephone - $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 3038 6241Office Supplies - $ 500 $ 484 $ 500 $ 1,000 $ 500 $ 01 3038 6260Vandalism - $ - $ - $ 1,000 $ 1,000 $ - $
01 3038 6279Internet Connection 346 $ 4,800 $ - $ 5,400 $ 5,400 $ - $ 01 3038 6290Ground Maintenance 2,112 $ 2,500 $ 513 $ 5,000 $ 5,000 $ - $ 01 3038 6291Building Repair &
Maintenance 5,007 $ 2,500 $ 8,944 $ 4,000 $ 10,012 $ 6,012 $ 01 3038 6359Contract & Consulting 320 $ - $ 973 $ 1,272 $ 3,000 $ 1,728 $ 01 3038 6360Special Department Supplies 1,423 $ 2,000 $ 175 $ 2,000 $ 2,000 $ - $ TOTAL EXPENDITURES - $ 24,175 $ 59,943 $ 42,277 $ 111,367 $ 161,188 $ 49,821 $

PROJECT PHOENIX COMMUNITY CENTER
Classes are held on an ongoing basis (dance, yoga, Zumba etc.). Facility is rented to the public for events. Staff is responsible for scheduling of building and maintenance.
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 4041 & 42 Expenditures
01 4041 5110Salaries - $ - $ - $ 30,488 $ 72,233 $ 72,233 $ - $ 01 4042 5110Salaries SS 60,231 $ 60,802 $ 58,860 $ 34,381 $ 66,639 $ 66,639 $ - $ 01 4041 5250Insurance - $ - $ - $ 4,564 $ 11,687 $ 11,687 $ - $ 01 4042 5250Insurance SS 10,138 $ 9,986 $ 10,026 $ 5,053 $ 10,233 $ 10,233 $ - $ 01 4041 5251Retirement - $ - $ - $ 3,143 $ 7,152 $ 7,152 $ - $ 01 4042 5251Retirement SS 6,020 $ 6,210 $ 6,055 $ 3,362 $ 6,723 $ 6,723 $ - $ 01 4041 5252Workers Comp - $ - $ - $ 1,079 $ 2,889 $ 2,889 $ - $ 01 4042 5252Workers Comp SS 2,165 $ 1,692 $ 1,913 $ 1,219 $ 2,665 $ 2,665 $ - $ 01 4041 5253Paid Time Off - $ - $ - $ 1,607 $ - $ 2,000 $ 2,000 $ 01 4042 5253Paid Time Off 1,048 $ 706 $ - $ - $ - $ - $ - $ 01 4041 6210Electricity 2,230 $ 2,110 $ 4,468 $ 2,094 $ 4,647 $ 2,427 $ (2,220) $ 01 4041 6211Natural Gas 652 $ 253 $ 700 $ 61 $ 725 $ 725 $ - $ 01 4041 6212Water 253 $ 350 $ 525 $ 177 $ 578 $ 420 $ (158) $ 01 4041 6221Telephone 655 $ 658 $ 1,000 $ 331 $ 1,000 $ 724 $ (276) $ 01 4041 6241Office Supplies 167 $ - $ 1,000 $ - $ 1,000 $ 1,000 $ - $ 01 4041 6251Training & Meeting - $ - $ 1,500 $ - $ 3,000 $ 3,000 $ - $ 01 4041 6262Equipment Repair Maint/Fuel 1,335 $ - $ - $ - $ - $ - $ - $ 01 4042 6262Equipment Repair Maint/Fuel SS 14,889 $ 23,358 $ 20,000 $ 9,486 $ 15,000 $ 17,000 $ 2,000 $ 01 4041 6291Building Repair & Maint. 864 $ 575 $ 2,500 $ 710 $ 2,500 $ 2,500 $ - $ 01 4042 6332Uniforms - $ 750 $ 750 $ - $ 750 $ 750 $ - $ 01 4041 6518Electronic Equipment - $ - $ - $ - $ 3,750 $ 3,750 $ - $ 01 4041 6769Generator Maint City Wide 65 $ - $ 12,000 $ - $ 12,000 $ 12,000 $ - $ 01 4042 6850Transfer to Capital Project Equipment 25,509 $ 19,074 $ 30,000 $ - $ 20,000 $ 18,000 $ (2,000) $ 01 4041 6885National Park Drive Median 17,848 $ 17,700 $ 19,000 $ 9,600 $ 19,000 $ 19,000 $ - $ 01 4041 6950Palm Tree Maintenance - $ - $ 5,000 $ 7,326 $ 5,000 $ 9,000 $ 4,000 $ 01 4041 6992Banners/Downtown lights 6,500 $ - $ - $ - $ - $ - $ - $ TOTAL EXPENDITURES 150,569 $ 144,224 $ 175,297 $ 114,681 $ 269,170 $ 272,517 $ 3,346 $

PUBLIC WORKS/STREET SWEEPING
Public works administrative costs associated with the General Fund (Building and grounds) and city wide street sweeping services. 28 Page 285 of 310
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ACCOUNT DEPARTMENTAL/ACTIVITY BUDGET BUDGET REVISED THROUGH APPROVED PROPOSED CODE DETAIL ACTUAL ACTUAL BUDGET DEC 2022 BUDGET BUDGET ADJUSTMENTS 01 4045 Expenditures
01 4045 5110Salaries 230,205 $ 215,444 $ 234,736 $ 122,101 $ 244,420 $ 244,420 $ - $ 01 4045 5235Vehicle/Cell Allowance - $ 420 $ 1,200 $ 210 $ 1,200 $ 1,200 $ - $ 01 4045 5250Insurance 38,458 $ 38,759 $ 47,451 $ 23,501 $ 51,430 $ 51,430 $ - $ 01 4045 5251Retirement 24,404 $ 21,294 $ 24,525 $ 11,093 $ 22,139 $ 22,139 $ - $ 01 4045 5252Workers Comp 7,847 $ 5,791 $ 7,629 $ 4,116 $ 9,777 $ 9,777 $ - $ 01 4045 5253PTO 823 $ 4,942 $ 2,000 $ - $ 2,000 $ 2,000 $ - $ 01 4045 6210Electricity 38,081 $ 48,959 $ 55,000 $ 23,776 $ 57,200 $ 56,303 $ (897) $ 01 4045 6211Natural Gas 1,742 $ 2,120 $ 1,997 $ 254 $ 2,117 $ 2,438 $ 321 $ 01 4045 6212Water 9,340 $ 5,623 $ 7,875 $ 2,278 $ 8,663 $ 6,748 $ (1,915) $ 01 4045 6221Telephone 265 $ 168 $ 500 $ - $ 500 $ 300 $ (200) $ 01 4045 6251Training & Meetings 591 $ - $ 2,000 $ - $ 4,000 $ 4,000 $ - $ 01 4045 6260Vandalism 703 $ 2,823 $ 1,500 $ - $ 5,000 $ 5,000 $ - $ 01 4045 6262Equipment Operation & Maint. 6,558 $ 16,075 $ 10,000 $ 2,058 $ 15,000 $ 15,000 $ - $ 01 4045 6272Vehicle Operation & Maint. 8,178 $ 7,541 $ 6,000 $ 3,599 $ 9,000 $ 9,000 $ - $ 01 4045 6290Grounds Operation & Maint. 59,873 $ 64,986 $ 58,000 $ 5,030 $ 80,500 $ 65,500 $ (15,000) $ 01 4045 6291Building Operation & Maint. 5,245 $ 1,350 $ 8,500 $ 23 $ 8,500 $ 19,500 $ 11,000 $ 01 4045 6295Well Repair - $ 147 $ - $ - $ - $ - $ - $
01 4045 6312Small Equip. & Tools 2,746 $ 2,640 $ 2,500 $ 3,142 $ 4,000 $ 4,000 $ - $ 01 4045 6332Uniforms 3,512 $ 2,607 $ 3,500 $ 3,045 $ 3,500 $ 3,500 $ - $ 01 4045 6359Contract Services - Clean Up - $ 9,100 $ - $ - $ - $ - $ - $ 01 4045 6518Electronic Equipment - $ - $ - $ - $ 3,750 $ 3,750 $ - $ 01 4045 6663Drinking Fountains, Bar-B-Q
Grills & Picnic Benches 7,642 $ 11,027 $ 19,000 $ - $ 22,000 $ 22,000 $ - $ 01 4045 6879ADA Compliance 25,000 $ 23,808 $ 25,000 $ - $ 25,000 $ 25,000 $ - $ TOTAL EXPENDITURES 471,213 $ 485,624 $ 518,913 $ 204,226 $ 579,695 $ 573,005 $ (6,691) $

PUBLIC WORKS PARKS MAINTENANCE
Maintains the grounds at the City's five parks: Luckie Park, Veterans Park at City Hall, Knott's Sky Park, the Senior Center and the pocket park at the Historic Plaza.
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CITY OF TWENTYNINE PALMS
Fiscal Year 2022-23 Mid-Year Budget Update
General Fund

2 MID-YEAR BUDGET

ADJUSTMENTS
Schedule:February 15th General Fund Budget
February 28th Special Revenue Funds and Other Funds, and Project Phoenix Funds.

QUARTER 2 REVIEW
• Comprised of:
 Cash Balances; Revenues; Operating Expenditures; Reserves; Fiscal 2023-24 “Snapshot” 3

QUARTER 2 REVIEW
Cash Balances as of 12/31/22:
• Checking Account (GF & SF) – $5.75M• Investments:
o LAIF - $7.33Mo CDs - $4.74M
4

GENERAL FUND UPDATE
22/23 Adopted
Budget
22/23 Adjusted
Budget
Adjustments
Revenues
&
Transfers In $17,058,926 $16,646,204 $(412,722)
Expenditures
&
Transfers Out $16,828,453 $16,478,133 $(350,320)
SURPLUS $230,473 $168,071 $(62,402)
5

GENERAL FUND UPDATE
22/23 Adjusted
Budget
YTD Actual CY
%
Revenues
& Transfers In $16,646,204 $3,878,795 23%
Expenditures
& Transfers Out $16,478,133 $5,752,688 35%
6 Summary

TOP REVENUE ADJUSTMENTS
Revenue Type 22/23 Adopted
Budget
22/23 Proposed
Budget
Adjustments
Property Tax/VLF $3,549,944 $3,794,418 $244,474TOT* $1,653,114 $1,880,000 $226,886Building & Road Permits $450,000 $642,000 $192,000
Planning
& Engineering Fees $70,000 $210,000 $140,000
Property Taxes $2,346,122 $2,417,497 $71,375Reserves ‐ Pool $1,300,000 $ 0 $( 1,300,000) 7 *Staff is anticipating $2M in TOT revenue for FY 22/23

WHERE DOES THE REVENUE COME
FROM?*
21%
31%
12%
15%
7%
7%
1%
6%
Property TaxProperty Tax in lieu of VLFSales TaxTransient Occupancy Tax (TOT)Franchise FeesPlanning & Building Permits
Park
& Rec Fees
Other
8 *Excludes reserves and transfers in

CITY OF TWENTYNINE PALMS NET

TAXABLE ASSESSED VALUE HISTORY
Fiscal Year Secured Unsecured SBE Nonunitary Net Total AV % Change 2011‐12 $794,552,911 $20,298,883 $86,754 $814,938,548 NA2012‐13 $796,079,890 $20,405,004 $86,754 $816,571,648 0.20%2013‐14 $781,792,218 $20,057,318 $86,754 $801,936,290 (1.79% ) 2014‐15 $802,424,517 $20,937,193 $252,649 $823,614,359 2.70% 
2015‐16 $819,140,029 $22,126,150 $252,649 $841,518,828 2.17% 
2016‐17 $829,433,547 $19,046,841 $252,649 848,733,037 0.86% 
2017‐18 $841,474,081 $18,405,803 $252,649 $860,132,533 1.34% 2018‐19 $874,065,397 $17,581,904 $252,649 $891,899,950 3.69% 
2019‐20 $908,885,222 $18,715,010 $257,656 $927,857,888 4.03% 
2020‐21 $949,184,759 $18,295,839 $257,656 $967,738,254 4.30% 
2021‐22 $1,003,153,814 $19,892,321 $257,656 1,023,303,791 5.74% 
Source: Secured, Unsecured and Utility Values from San Bernardino County for each fiscal year, as 9 complied by HdL. Coren & Cone.

TOP EXPENDITURE ADJUSTMENTS
Expenditure Type 22/23
Adopted
Budget
22/23 Proposed
Budget
Adjustments
Building
& Safety Contract $300,150 $443,714 $143,564(1)
Sheriff’s Contract $4,527,452 $4,633,649 $106,197(2)Transfer Out – Re‐roofing $33,000 $117,669 $84,669Transfer Out – Luckie Park Pool $1,300,000 $0 $(1,300,000)Engineering Contract $94,000 $159,000 $65,000Project Phoenix Comm Center ‐ Electricity $15,000 $60,011 $45,011Liability and Property Tax Insurance $253,312 $286,069 $32,757 10 (1) Expenditures are based on 66.7% of building permit fees collected by the City. (2) MOU Amended after original budget was approved

DEPARTMENT EXPENDITURES
Department Proposed Adjusted
Budget
YTD Actuals* % Used
City Council $73,277 $31,454 43%Administration $1,821,473 $850,254 47%Non‐Departmental $5,464,431 $769,922 14%Community Development $640,705 $300,053 47%Economic Development $195,571 $107,427 55%Building, Safety, and Eng. $602,714 $275,557 46%Code Enforcement $155,054 $27,294 18%Law Enforcement $4,961,826 $2,333,905 47%Animal Control $534,827 $242,426 45%Public Works Admin/Street Swp $272,517 $114,681 42%Community Services/Parks $1,755,738 $699,714 40% 11* Through 12/31/22

EXPENDITURES BY TYPE
Expenditure Type Proposed Adj. Budget YTD Actuals* % Used Salaries $2,557,058 $1,238,219 48%Benefits $853,910 $389,846 46%Contracts & Consulting $262,711 $116,229 44%
Sheriff’s Contract $4,633,649 $2,227,130 48%Utilities $345,038 $112,280 33%Building/Ground Maintenance $198,212 $60,142 30%Insurance/Prepaid OPEB $286,069 $286,069 100%Transfers $4,503,069 $128,375 3%Building & Engineering $602,714 $275,557 46%Marketing/Economic Dev. $120,000 $20,000 17%City Attorney $110,000 $37,673 34% Vehicle/Equipment Oper.
& Maint. $186,800 $43,691 23%
Other $1,818,904 $817,477 45%
12 * Through 12/31/22

RESERVES FY 22/23
Unassigned Fund balance – FY 21/22 $6,948,162FY 22/23 Surplus ‐ Forecast $168,071 Assigned for FY 22/23
Housing Program ($80,000)
COPS/SLEFA Expenditures ($60,000)
Veteran’s Park ($10,000)Furniture for Comm. Dev. ($10,000) Total Assigned for FY 22/23 ($160,000)
Unassigned – FY 22/23 Forecast $6,956,233Total GF Expenditures FY 22/23 (1) $11,957,064 Reserves (%) (2) 57%
13 (1) Exclusive of Transfers Out
(2) Reserves
= Unassigned Fund balance/Total Expenditures.

City’s reserve policy is 60‐65% of operating expenditures

2023-24 SNAPSHOT
23/24 FORECAST
Revenues
& Transfers In $13,070,888
Expenditures
& Transfers Out $13,056,252
SURPLUS $14,636
14

SUMMARY
 Overall, the City’s operating budget is performing well through mid-year; Cash and Reserves are strong, but reserve policy will have to be amended; Revenue is exceeding expectations; The City is expecting approximately $160K annually of additional costs for operating Project Phoenix;
 Fiscal 2022-23 Budget will be balanced.
15

STAFF RECOMMENDATIONS
Staff is recommending the following actions:

1. The City Council review and accept the General Fund mid-year budget update for FY 2022-23.

2. Approve the following inter-fund transfers for FY 2022-23 • $84,669 from the GF to the Capital Projects Fund for the re-roof of City buildings
• $368,200 from the GF to the Sewer Fund for the Wastewater Package Treatment Plan at Project Phoenix.
16

PROPOSED BUDGET REVISIONS
Questions?
17

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Feb 15 2023
SUBJECT: Planning Commission Appointment.

RECOMMENDATION:

The City Council reappoint Jason Dickson and Max Walker and appoint Eileen Leslie to the Planning Commission as recommended by the Ad Hoc Committee (Steve Bilderain and Octavious Scott).

ORDER OF PROCEDURE:

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

The terms of two Planning Commissioners, Jason Dickson and Max Walker, expire in March, 2023. There is one additional vacant seat on the Commission.

The City advertised for the position recruitment for three seats on December 14 and December 21, 2022, with a closing date of January 12, 2023. The City received fifteen (15) applications, including applications from existing Commissioners Dickson and Walker. The term of a Planning Commissioner is four years.

ENVIRONMENTAL:

Not Applicable
ALTERNATIVES:

1. The City Council could modify the subcommittee's recommendation and continue to recruit for the vacancies.

2. Provide other direction to Staff.

FISCAL IMPACT:

None. Page 305 of 310

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 15 2023
SUBJECT: Intention to terminate/close the inactive Fire Safety Plan.

RECOMMENDATION:

This is provided as information only for a City Council future agenda item request.

ORDER OF PROCEDURE:

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

In 2016, the City of Twentynine Palms accepted the Twentynine Palms Water District (Water District) PERS Pension Liability within the LAFCO (Local Agency Formation Commission) proceedings that transferred the fire responsibility from the Water District to the County of San Bernardino Fire District. As part of the financial obligation, the Water District not only obligated the Pension Liability, but also transferred cash to offset the Liability held in a PARS (Public Agency Retirement System) account.

With the current US Treasury Bond rate, 20 years, at approximately 3.87%, as of February 7, 2023, which fluctuates daily, City Staff sees this as an opportunity to terminate the contract with CalPERS to close the inactive Water District Safety Plan, in specific the Fire Member Group. The process will take approximately 9-10 months to complete, and as the contract agency of the account, the Water District will have to initiate this process. The local fire member classification no longer has active employees as of today. The steps to complete this process are as follows:

1. Initiate and complete pre-termination/closure valuation = 3 months to complete

2. Complete the contract amendment process = 3-4 months to complete

3. Complete final termination/plan closure valuation = 3 months.

The first step was initiated back in October 2022, and was completed on December 09, 2022, with CalPERS providing a preliminary termination valuation, which has been attached to this presentation. The valuation was done two different ways:

1. Projected Compensation (non-frozen): all members currently active in a CalPERS agency have compensation increases projected until their retirement.

2. Frozen Compensation: all members currently active in a CalPERS agency have compensation increases projected until plan termination and then frozen thereafter.

Frozen compensation means that the former employees can no longer increase their salary through raises at other employers, between the termination date and their actual retirement date. For example, under the frozen compensation, if a retiree during the last full year at the Water District made $100K and had five years of service or 15% (their formula is 3 at 50), that is what their pension would be based on for those years. Under the nonfrozen compensation, the same employee left the Water District but ultimately retired at $200K, those same five years would be value at 15% but at his/her single highest or $200K. This does NOT affect any other years of service for the retiree.

The second step starts with the approval and adoption of the Resolution of Intention to amend a portion of the contract with CalPERS to close the Safety Plan, which Water District Staff will be presenting to the Board in their next meeting in February. A final resolution to amend the contract with CalPERS must be adopted before the final termination can be completed. There must be a 20-day period between the adoption of the Resolution of Intention and the adoption of the final Resolution.

This process can be revoked up until the second step (Complete the contract amendment process) has been completed. Once this step has been finalized, the process is irrevocable.

Per the valuation provided by CalPERS on December 9, 2022, the projected payoff amount, assuming a 4% investment return and a frozen compensation, will be $3.2M as of February 28, 2023. The City has assigned $1.3M of its General Fund reserves to terminate the Safety Plan. In addition to this, there is a total of $1.6M in the Water District PARS Post-Employment Benefits Trust, leaving an unfunded balance of approximately $231K.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could direct Staff not to move forward with this process.

FISCAL IMPACT:

An additional $231K to terminate the Safety Plan might be needed in the near future.

California Public Employees’ Retirement System
Actuarial Office
400 Q Street, Sacramento, CA 95811 | Phone: (916) 795-3000 | Fax: (916) 795-2744 888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov December 09, 2022
CalPERS ID: 1940849885
Twentynine Palms Water District
72401 Hatch Rd.

Twentynine Palms, CA 92277
Dear Employer,
As a result of your agency’s Resolution of Intent to Terminate its CalPERS contract, a preliminary termination valuation has been performed for the Twentynine Palms Water District Safety Plan. This valuation was done two different ways:

1. Projected Compensation: all members currently active in a CalPERS agency have compensation increases projected until their retirement.

2. Frozen Compensation: all members currently active in a CalPERS agency have compensation increases projected until plan termination and then frozen thereafter.

This valuation was based on the June 30, 2021 financial and membership data, the latest such data available.

Based on the June 30, 2021 data, we projected the funded position of the plan to a preliminary termination date of February 28, 2023. Investment return of -7.50% net of administrative expenses was realized for fiscal year 2021- 2022, and a 0.00% return was estimated from July 1, 2022 to February 28, 2023 based on year-to-date investment returns. Reflected in the termination is a 5% contingency load for unforeseen negative experience in accordance with CalPERS Board of Administration (board) policy. The charts on the next page summarize the results.

For information on the asset allocation adopted by the board for the Terminated Agency Pool, see the following circular letter: https://www.calpers.ca.gov/docs/circular-letters/2011/200-058-11.pdf The asset allocation affects the actuarial assumptions used when calculating the actuarial liabilities of a public agency at the time of termination. The investment return and inflation assumption used for this preliminary termination valuation are also summarized in the charts on the following page.

CalPERS Preliminary Termination Actuarial Valuation
Twentynine Palms Water District (CalPERS ID: 1940849885)

Safety Plan Results
(All projected amounts shown to nearest $100)
Annual Valuation
Termination Valuation
(Non-frozen
Compensation)
Termination Valuation
(Frozen
Compensation)
As of
June 30, 2021
(Actual)
As of
February 28, 2023
(Projected)
As of
February 28, 2023
(Projected)
(1) Plan’s share of Pool Assets* $3,997,796 $3,441,800 $3,441,800 (2) Accrued Actuarial Liability $4,234,409 $6,711,000 $6,303,400 (3) Contingency Load $0 $335,600 $315,200
(4) Unfunded Liability/(Surplus)
= (2) + (3) - (1) $236,613 $3,604,800 $3,176,800
Investment Return
Assumption 6.80% 4.00% 4.00%
Inflation Assumption 2.30% 2.25% 2.50%
*Market Value of Assets
Please note that these amounts are estimates only and depend heavily on the assumptions used. In particular, the rate of return of assets between June 30, 2021 and the final termination date can have a large impact on these results. Furthermore, they do not take into account possible changes in methods or assumptions, benefit improvements, or changes in the membership data of your workforce (particularly salary increases) that occur after June 30, 2021.

In order to terminate the contract, the agency must comply with Government Code sections 20570 and 7507, which may require that the change in accrued liability resulting from benefit changes be disclosed at a public meeting with an actuary present at least two weeks prior to adopting the change. If the agency elects to proceed with the termination, once a final termination date has been determined, we will perform the final termination actuarial valuation and calculate any additional contributions necessary to be sent to CalPERS to effectuate the termination.

If you have any questions, please contact me at (916) 795-9691.

Sincerely,

DANIEL MILLER, ASA, MAAA
Senior Actuary, CalPERS