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Twentynine Palms City Council
May 14, 2024

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Meeting
May 14, 2024
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Twentynine Palms City Council
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344
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TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org

Tuesday, May 14, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, May 14, 2024 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

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

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Rotary Club for their Participation in the Cash for Trash and Recycling Program.

2. Presentation Recognizing Elisabeth Marshall.

3. San Bernardino County Fire Department Update.

4. Proclamation Recognizing May 2024 Mental Health Awareness Month Proclamation Recognizing May 2024 Mental Health Awareness Month - Pdf 5 - 6

5. Proclamation Recognizing May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month 2024
Proclamation Recognizing May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month 2024 - Pdf
7 - 8

6. Proclamation Recognizing May 2024 as California Tourism Month Proclamation Recognizing May 2024 as California Tourism Month - Pdf 9 - 10

7. Summary on WORKSHOP29 by the Public Arts Advisory Committee.

Page 1 of 344 ends

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

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

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

9. Approval of Minutes of the City Council Meeting Held on April 23, 2024.

City Council - Regular Meeting - 23 Apr 2024 - Minutes - Pdf 11 - 14

10. Appropriation Limit FY 2024-25.

RECOMMENDATION: The City Council establish an appropriation limit for Fiscal Year 2024-25 by the adoption of the attached Resolution.

Appropriation Limit FY 2024-25. - Pdf
15 - 21

11. Approval of Warrant Register Totaling $2,001,856.95 Approval of Warrant Register Totaling $2,001,856.95 - Pdf 23 - 27

12. Ordinance No. ____ Repealing Chapter 15.10 of the Municipal Code - Wastewater Services
RECOMMENDATION: The City Council approve Ordinance No. ___ repealing Ordinance No. 312 Chapter 15.10, Wastewater Services.

Ordinance No. ____ Repealing Chapter 15.10 of the Municipal Code - Wastewater Services - Pdf
29 - 47

13. PAAC grant application - CAC / Creative Youth.

RECOMMENDATION: The City Council give direction to the Public Arts Advisory Committee to apply for the Creative Youth Development grant as administered by the California Arts Council for a total of $25,000.

PAAC grant application - CAC / Creative Youth. - Pdf
49 - 50

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

14. Development Code Amendment - Chapter 19.90 Dedications and Improvements - Implementing a Process for Establishing Legal Access and Adopting Development Impact Fees.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

Development Code Amendment - Chapter 19.90 Dedications and Improvements - Implementing a Process for Establishing Legal Access and Adopting Development Impact Fees. - Pdf
51 - 89

DISCUSSION AND POTENTIAL ACTION ITEMS

15. General Plan Status Report.

RECOMMENDATION: The City Council receive and file.

General Plan Status Report. - Pdf
91 - 192

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16. 29! Sculpture Location.

RECOMMENDATION: The City Council give direction to Staff and to the Public Arts Advisory Committee as to the location of the 29! Sculpture. 29! Sculpture Location. - Pdf
193 - 210
17 City Fee Waiver Policy.

RECOMMENDATION: The City Council approve the updated fee waiver policy.

City Fee Waiver Policy. - Pdf
211 - 227

18. Public Arts Advisory Appointment.

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

Public Arts Advisory Appointment. - Pdf
229 - 232

19. Preliminary 2024-25 Budget Revisions for the General Fund.

RECOMMENDATION: The City Council review and provide direction on the preliminary FY 2024-25 budget revisions for the General Fund.

Preliminary 2024-25 Budget Revisions for the General Fund. - Pdf 233 - 344

FUTURE COUNCIL INITIATED ITEMS

1. Revisit funds that were allocated for the portable showers and Navigation Center.

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

CITY MANAGER UPDATE

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

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., May 9, 2024.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: May 14 2024
SUBJECT: Proclamation Recognizing May 2024 Mental Health Awareness Month ATTACHMENTS:
• Proclamation Recognizing
May 2024 Mental Health
Awareness Month

Page 5 of 344 ends

CITY OF TWENTYNINE PALMS

PROCLAMATION

MENTAL HEALTH AWARENESS MONTH
WHEREAS, each May, we raise awareness about the importance of mental health and its impact on the well-being of all Americans, including children, adults, families, and communities across our Nation. We also give thanks to the dedicated mental health providers whose service and support improve the lives of so many Americans. We stand in solidarity with those experiencing mental health conditions, renewing our commitment to providing them with the support they need and deserve; and WHEREAS, even before the pandemic, millions of Americans were experiencing stress, trauma, anxiety, and heightened levels of depression. The COVID-19 pandemic exacerbated those conditions, creating an unprecedented mental health crisis across our country. Communities of color, frontline workers, health care workers, and individuals with eating disorders have been disproportionately impacted. The rate of depression across the country has more than tripled compared to rates in 2019; and WHEREAS, mental health challenges among our youth have also been particularly acute due to disruptions in routines, increased social isolation, and learning loss. Research has shown that social media plays a central role in increasing mental health challenges among young people—especially young women. Emergency department visits for attempted suicide among girls in 2021 increased by more than 50 percent compared to 2020. American Indians, Alaska Natives, Black youth, and LGBTQIA+ youth also face a disproportionate risk of suicide; and
WHEREAS, last year, the Surgeon General released an Advisory on Protecting Youth Mental Health that underscored the growing harms of digital technologies – especially social media – on the mental health of our youth. It is time to strengthen privacy protections, ban targeted advertising to children, and demand that technology companies stop collecting our children's personal data. We must also continue researching the impact of social media on the mental health of our children, expand services in school to promote their wellbeing, and set them up for success so they can thrive as adults; and WHEREAS, each of us has a vital role in supporting our fellow Americans living with mental health conditions. Learn the warning signs of emotional distress and suicide. Engage affected loved ones in supportive dialogue. Fight the prejudice and negative attitudes that discourage those in need from seeking mental health support. Above all, let us collectively ensure that all children and adults experiencing mental health challenges are treated with the compassion, respect, and understanding they deserve.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim May 2024 as NATIONAL MENTAL HEALTH AWARENESS MONTH and encourages all citizens to take action in helping to strengthen the mental health of our communities and our Nation.

DATED this 14th day of May 2024.
______________________________
Steven Bilderain, Mayor

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STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: May 14 2024
SUBJECT: Proclamation Recognizing May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month 2024
ATTACHMENTS:
• Proclamation Recognizing
May 2024 Asian American,
Native Hawaiian, and Pacific
Islander Heritage Month 2024

Page 7 of 344 ends

CITY OF TWENTYNINE PALMS

PROCLAMATION

ASIAN AMERICAN, NATIVE HAWAIIAN,
AND PACIFIC ISLANDER HERITAGE MONTH 2024
WHEREAS, during Asian American, Native Hawaiian, and Pacific Islander Heritage Month, our Nation recognizes the innumerable contributions, vibrant cultures, and rich heritage of Asian Americans, Native Hawaiians, and Pacific Islanders (AA and NHPIs). As some of the fastest-growing racial and ethnic groups in the Nation, AA and NHPI communities represent a multitude of ethnicities, languages, and experiences that enrich America and strengthen our Union; and
WHEREAS, AA and NHPIs have long played an essential role in writing the American story. From serving our country in uniform, advocating for civil rights, starting new businesses, and winning Olympic medals, the contributions of the AA and NHPI community touch the lives of Americans every day. AA and NHPIs serve with distinction at the highest levels of Federal, State, and local government; and WHEREAS, as we celebrate AA and NHPI communities, we must also redouble our commitment to combating the surge of anti-Asian hate crimes. Many other incidents of anti-Asian bias, xenophobia, and harassment that surfaced throughout the COVID-19 pandemic were not even reported. We cannot allow these horrific acts to continue threatening the safety of AA and NHPI Americans—especially women, girls, and the elderly. These acts are wrong; they are un-American; they must stop. As we work to ensure that hatred has no safe harbor in America’s future, we must confront shameful chapters in our history. And we will continue to root out racial injustices of our past and advance equity for all Americans as we move forward; and WHEREAS, this month, we celebrate our fellow Americans from AA and NHPI communities and pay tribute to all they have done to help fulfill the promise of America for all. Together, let us recommit ourselves to building a country in which every American—regardless of who they are, where they come from, or what they look like—has an opportunity to thrive.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms does hereby proclaim May 2024 as ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER HERITAGE MONTH. We call upon all Americans to learn more about the history of Asian Americans, Native Hawaiians, and Pacific Islanders and to observe this month with appropriate programs and activities.

DATED this 14th day of May 2024.
______________________________
Steven Bilderain, Mayor

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STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: May 14 2024
SUBJECT: Proclamation Recognizing May 2024 as California Tourism Month ATTACHMENTS:
• Proclamation Recognizing
May 2024 as California Tourism
Month

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CITY OF TWENTYNINE PALMS

PROCLAMATION

CALIFORNIA TOURISM MONTH
WHEREAS, tourism plays a critical role in the City of Twentynine Palms and the state’s economic prosperity; and
WHEREAS, a robust travel industry provides significant economic benefits for the entire state, generating more than $134.7 billion dollars in visitor spending in 2022; and WHEREAS, travel has been the foundation of a healthy workforce, serving as one of the largest private-sector employers in California, supporting 1.1 million jobs in 2022; and WHEREAS, spending by travelers’ benefits state and local governments alike, generating $11.9 billion dollars in tax revenue in 2022 to support essential public services and programs that benefit all Californians; and
WHEREAS, in the City of Twentynine Palms, Tourism generated more than sixty percent of the $2.1 million in transient occupancy tax revenue and supported over 300 jobs in 2022; and WHEREAS, the COVID-19 pandemic devastated every sector of the travel industry with staggering economic impacts, affecting every community in California, including the City of Twentynine Palms; and WHEREAS, California’s tourism industry’s resilience has brought the economic impact of travel more than 90 percent back to pre-pandemic levels in 2022; and WHEREAS, the rebound of travel will continue to drive the rebuilding of California’s economy and workforce; and
WHEREAS, the California Legislature in 2016 declared every May as California Tourism Month to celebrate the positive economic impact of the tourism in California; and WHEREAS, Californians can help put their fellow Californians back to work and support the recovery of local businesses by traveling in California.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms and hereby proclaim May 2024 as CALIFORNIA TOURISM MONTH in the City of Twentynine Palms, and urge the residents of Twentynine Palms to join us in recognizing the critical role this industry plays in our City.

DATED this 14th day of May 2024.
______________________________
Steven Bilderain, Mayor

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
April 23, 2024
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:03 p.m.

Pledge of Allegiance - Ms. Susan Peplow led the Pledge of Allegiance.

Invocation - Pastor Amy Miranda, First Assembly of God Church gave the Invocation.

Roll Call - The following Councilmembers were present: Klink, Scott, Wright, Bilderain. Councilmember Mintz had an excused absence.

Closed Session Announcements - None.

Changes to the Agenda- None.

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to Twentynine Palms Interact for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Klink presented checks in the amount of $300 each from the City of Twentynine Palms and Burrtec Waste and Recycling Services to Twentynine Palms Interact Club.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he had meetings with constituents, and he attended the International Festival at Freedom Plaza over the weekend.

Councilmember Wright commented that he did not attend any meetings, however, he was busy with travel basketball. He reminded everyone that the weather is starting to get warm and drink plenty of water.

Mayor Pro Tem Klink mentioned that he did not attend any meetings, he is getting ready for his trip to Hawaii, and he wished everyone a great week.

Mayor Bilderain commented that he had meetings with Staff, some outside organizations and he attended the Ribbon Cutting for Desert Hardware and the International Fest.

CONSENT CALENDAR

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

3. Approval of Minutes of the City Council Meeting Held on March 26, 2024, and April 9, 2024.

4. Treasurer's Report - FY 2023-24 Quarter 3.

Page 1 of 4 ends

City Council - Regular Meeting
April 23, 2024
Recommendation: The City Council receive and approve the Treasurer's Report for the 3rd Quarter of Fiscal Year 2023-24.

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

Recommendation: The City Council adopt Resolution No. 24-03, designating authorized signers on the City Bank Accounts.

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

Recommendation: The City Council adopt Resolution No. 24-04, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.

7. Design Contract for the City-Wide Channel Trail Project.

Recommendation: The City Council award the design contract to Sherwood Design Engineers for $495,000, and authorize a 10% contingency for potential change orders, for the City-Wide Channel Trail Project subject to “Approval as to Form” by the City Attorney, and “Approval as to Content” by the Interim City Manager.

8. SBCTA Resolution for City-Wide Channel Trail Class I Bike Path Project.

Recommendation: The City Council adopt:

Resolution 24-05, "A Resolution of the City Council of the City of Twentynine Palms, California, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority for Transportation Development Act Article 3 Funds for the City-Wide Channel Trail Class 1 Bike Path Project".

ACTION: A motion was made by Councilmember Wright, seconded by Mayor Pro Tem Klink to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING

9. Request to Vacate a Portion of Foothill Drive on Parcel Map 20360.

Recommendation: That the City Council:

1. Conduct the Public Hearing, consider public comment, and determine whether or not to vacate Foothill Drive located along the southern boundary of Parcel Map 20360.

2. Adopt Resolution 24-06 “A Resolution of the City Council of the City of Twentynine Palms, California, vacating of Foothill Drive from the easterly boundary of Bullion Avenue to the westerly boundary of Split Rock Avenue shown on Parcel Map 20360, according to Streets and Highways Code Sections 8320-8325”.

3. Instruct the City Clerk to cause the Resolution vacating the easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8325 of the Streets and Highways Code.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to Adopt Resolution 24-06 “A Resolution of the City Council of the City of Twentynine Palms, California, vacating of Foothill Drive from the easterly boundary of Bullion Avenue to the westerly boundary of Split Rock Avenue shown on Parcel Map 20360, according to Streets and Highways Code Sections 8320-8325”.

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City Council - Regular Meeting
April 23, 2024
The above motion was carried by the following:

ROLL CALL VOTE:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Community Events Grants.

Recommendation: The Events Ad Hoc Committee is recommending the following events to be funded; $20,000 in total:

1. Dine 29 Food Festival + Restaurant Week - $1,500;

2. Distance Duet - Free Public Choral Performances - $18,500 Community Events Coordinator Clinkscales presented the Staff Report.

Mary Jane Binge, Twentynine Palms, asked for more explanation on the Restaurant Week event put on by Black Cactus.

Mayor Bilderain mentioned that the proprietor of Ground Squirrel indicated that many restaurants weren't notified, and they should have the opportunity to do so.

After a brief discussion, a motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to award the $18,500 to Distance Duet and hold off on the Dine 29 Festival and Restaurant Week until more information can be provided.

The above motion was carried by the following:

ROLL CALL VOTE:

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

11. Facility Rental Fee Waiver Policy Update.

Recommendation: The City Council update the City's policy on waiving fees for City facility rentals.

Recreation Division Manager (Division Manager) Minatrea presented the Staff Report.

Cindy Bernard, Twentynine Palms, suggested the cap for free rental of city facilities should be three days and not two.

Susan Peplow, Joshua Tree, mentioned that the City is already subsidizing fees for these facilities in regard to electricity, staff time, etc. She feels that a one-day waiver seems like plenty.

After a brief discussion, the City Council chose to table this item to the next meeting in order for Division Manager Minatrea to put together some numbers and add the recommendations they suggested for a decision.

12. Flooded LED Illuminated Bluetooth Activated Permanent Mounted Warning Signs.

Recommendation: The City Council:

1. Authorize the purchase of 20 Flashing LED Flooded Signs in the amount of $57,551.55;

2. Authorize the Interim City Manager to execute all documents necessary to complete the project and accept CIRA GRANT funds for project reimbursement.

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City Council - Regular Meeting
April 23, 2024
Interim City Manager Bowden presented the Staff Report.

Cindy Bernard, Twentynine Palms, mentioned that there has never been a sign put up in Indian Cove. She asked if the City could consider putting one of these signs up at Rattlesnake Canyon Wash in Indian Cove.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to authorize the purchase of 20 Flashing LED Flooded Signs in the amount of $57,551.55; and authorize the Interim City Manager to execute all documents necessary to complete the project and accept CIRA GRANT funds for project reimbursement.

The above motion was carried by the following:

ROLL CALL VOTE:

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

FUTURE COUNCIL INITIATED ITEMS

1. Discussion of moving the 29! sign.

2. General Plan Review.

3. Revisit funds that were allocated for the portable showers and Navigation Center.

PUBLIC COMMENTS
May Jane Binge, Twentynine Palms, thanked Interim City Manager Bowden for an outstanding job and mentioned he is going to be missed.

Cindy Bernard, Twentynine Palms, seconded what Ms. Binge said. She commented that in previous meetings, Boy Scout Thomas Elkins had brought up the idea of a Youth Council and nothing has been done. Mayor Bilderain mentioned that the Youth Council has been created, a press release went out that day and it is in the works.

Susan Peplow, Joshua Tree, thanked Interim City Manager Bowden, City Clerk Villescas, and all the Staff that helped in the last six months to get the transition of a new City Manager in place. She also suggested that now that there are more events taking place at Freedom Plaza, is there a way to put up some sort of mechanism to hang up banners.

CITY MANAGER UPDATE
Interim City Manager Bowden mentioned that a sign hanging method was discussed today for Freedom Plaza, there are a lot of good players here at the City and he is very appreciative of everyone that chipped in and helped him. He thanked the City Council and Staff for everything.

ADJOURNMENT - Mayor Bilderain adjourned the meeting in memory of Paul Smith at 6:59 p.m.

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

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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: May 14 2024
SUBJECT: Appropriation Limit FY 2024-25.

RECOMMENDATION:

The City Council establish an appropriation limit for Fiscal Year 2024-25 by the adoption of the attached Resolution.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Resolution No. 24-
• Exhibit A
BACKGROUND:

Proposition 4, co-sponsored by Proposition 13 author Paul Gann and commonly known as the Gann initiative, was passed by California voters in 1979. It established Article XIIIB of the State Constitution and set limits on the growth of most appropriations from tax sources made by the State and affected local government entities. Most local governments and districts are subject to the limit. Starting in the 1980-81 Fiscal Year, Article XIIIB limited annual growth of applicable appropriation levels to calculated percentages, above the previous year's level, based upon regional population growth and the rate of inflation as measured by the lower of the percentage change in the Consumer Price Index, CPI, or California's per capita personal income.

Each year, the City is required to establish a limit on the amount of General Fund monies it may spend. The amount is determined by calculations based on the population and economic changes of the prior calendar year.

Based on the attached calculations, the appropriation limit for Fiscal Year 2024-25 should be set at $72,953,218, which the City is below.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

N/A
FISCAL IMPACT: Page 15 of 344
N/A

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CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ESTABLISHING ITS PROPOSITION
4 APPROPRIATION LIMIT FOR FISCAL YEAR 2024 - 2025
WHEREAS, each year the City is required to establish a Proposition 4 appropriation limit by resolution; and
WHEREAS, the appropriation limit for 2024 – 2025 has been determined by increasing the 2023 – 2024 appropriation limit by the population and per capita personal income changes as permissible under Article XIIIB, and as set out in Exhibit "A", attached and incorporated here; and
WHEREAS, the documentation set out on Exhibit "A" used to determine this increase has been available since April 2024, at City offices.

NOW, THEREFORE, the City Council resolves and orders that the Proposition 4 appropriation limit for fiscal year 2024 – 2025 shall be $72,953,218.00.

PASSED, APPROVED AND ADOPTED on the 14th day of May 2024.

Steven Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 24-___, was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 14th day of May 2024, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_________________________________
Cindy Villescas CMC, City Clerk

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CITY OF TWENTYNINE PALMS
CALCULATION OF PROPOSITION 4 APPROPRIATIONS LIMIT
January 2017 California Personal
Income increase (3.69%) 1.0369
1/1/2017 Population Increase x 1.0501
Fiscal Year 2017/2018 Proposition 4 Limit $50,656,969
January 2018 California Personal
Income increase (3.67%) 1.0367
1/1/2018 Population Increase x 1.0313
Fiscal Year 2018/2019 Proposition 4 Limit $54,159,833
January 2019 California Personal
Income increase (3.85%) 1.0385
1/1/2019 Population Increase x 1.0185
Fiscal Year 2019/2020 Proposition 4 Limit $57,285,519
January 2020 California Personal
Income increase (3.73%) 1.0373
1/1/2020 Population Increase x 1.0255
Fiscal Year 2020/2021 Proposition 4 Limit $60,937,537
January 2021 California Personal
Income increase (5.73%) 1.0573
1/1/2021 Population Increase x 1.0009
Fiscal Year 2021/2022 Proposition 4 Limit $64,487,244
January 2022 California Personal
Income increase (7.55%) 1.0755
1/1/2022 Population Increase x 0.9923
Fiscal Year 2022/2023 Proposition 4 Limit $68,821,989
January 2023 California Personal
Income increase (4.44%) 1.0444
1/1/2023 Population Increase x 0.9906
Fiscal Year 2023/2024 Proposition 4 Limit $71,202,035
January 2024 California Personal
Income increase (3.62%) 1.0362
1/1/2024 Population Increase x 0.9888
Fiscal Year 2024/2025 Proposition 4 Limit $72,953,218

EXHIBIT A

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April 30, 2024
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2024, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2024-25. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2024-25 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2024. Please note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Richard Gillihan

RICHARD GILLIHAN
Chief Operating Officer
Attachment

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May 2024
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2024-25 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2024-25 3.62
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2024-25 appropriation limit.
2024-25:

Per Capita Cost of Living Change = 3.62 percent
Population Change = 0.17 percent
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362 100
Population converted to a ratio: 0.17 + 100 = 1.0017
100
Calculation of factor for FY 2024-25: 1.0362 x 1.0017 = 1.0379

Page 20 of 344 ends

Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024 Total
County Percent Change --- Population Minus Exclusions --- Population City 23-24 1-1-23 1-1-24 1-1-24
San Bernardino
Adelanto -0.80 36,422 36,131 36,131
Apple Valley -0.24 74,500 74,322 74,322
Barstow -0.34 24,124 24,043 24,669
Big Bear Lake 0.20 4,948 4,958 4,958
Chino 0.57 88,580 89,088 92,585
Chino Hills -0.17 76,547 76,414 76,414
Colton -0.12 52,841 52,778 52,778
Fontana 0.68 212,772 214,223 214,223
Grand Terrace -0.17 12,793 12,771 12,771
Hesperia 0.75 99,338 100,087 100,087
Highland 0.12 55,612 55,676 55,676
Loma Linda -0.02 24,923 24,919 24,965
Montclair -0.09 37,246 37,211 37,211
Needles -0.23 4,780 4,769 4,769
Ontario 0.93 179,555 181,224 181,224
Rancho Cucamonga 0.56 172,344 173,316 173,316
Redlands 1.28 71,776 72,696 72,696
Rialto 0.71 102,367 103,097 103,097
San Bernardino 0.39 224,316 225,188 226,541
Twentynine Palms -1.12 15,397 15,224 25,346
Upland 0.56 77,849 78,285 78,285
Victorville 0.96 132,537 133,805 138,202
Yucaipa 0.33 53,635 53,810 53,810
Yucca Valley 0.40 21,509 21,594 21,594
Unincorporated 0.02 286,864 286,926 295,763
County Total 0.42 2,143,575 2,152,555 2,181,433
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

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STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: May 14 2024
SUBJECT: Approval of Warrant Register Totaling $2,001,856.95 ATTACHMENTS:
• Approval of Warrant Register
Totaling $2,001,856.95.50

Page 23 of 344 ends

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 05-14-24
Check / Payment
0018298 4/04/2024 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0018299 4/04/2024 [2680] AIS 88.87
0018300 4/04/2024 [3713] ALEXANDRO G. ROMO 1,200.00
0018301 4/04/2024 [3729] ATRIUM APOTHECARY INC 236.25
0018302 4/04/2024 [3591] AVCOM SERVICES 585.00
0018303 4/04/2024 [0473] STEVEN BRANNON 500.00
0018304 4/04/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 160.62 0018305 4/04/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 82,537.14 0018306 4/04/2024 [3709] CA STATE DISBURSEMENT UNIT 85.00 0018307 4/04/2024 [1051] CHANCEY (3220) CHAMBERS 13,456.00 0018308 4/04/2024 [1053] CINTAS CORPORATION (8315) 926.11 0018309 4/04/2024 [2785] COPY CENTER PLUS INC. (8893) 116.10 0018310 4/04/2024 [1081] STEPHEN F DAVIS 400.00
0018311 4/04/2024 [1087] DESERT HARDWARE (0301) 1,630.98 0018312 4/04/2024 [0467] BREANNE DUSASTRE 126.25
0018313 4/04/2024 [1106] FRONTIER 6.58
0018314 4/04/2024 [1107] FULTON DISTRIBUTING 746.45
0018315 4/04/2024 [3732] FUSE CONNECT, LLC. 4,000.00
0018316 4/04/2024 [3696] HERK EDWARDS, INC 2,700.00
0018317 4/04/2024 [1123] HIGH TECH IRRIGATION INCORPORATED 9,107.39 0018318 4/04/2024 [3743] HOME DEPOT CREDIT SERVICES 2,919.80 0018319 4/04/2024 [3660] KIMBERLY K. JOHNSON 1,415.00
0018320 4/04/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0018321 4/04/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 9,147.06 0018322 4/04/2024 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 492.07 0018323 4/04/2024 [2231] PAYCHEX INC 1,123.35
0018324 4/04/2024 [1203] REACH OUT MORONGO BASIN (5005) 12,457.63 0018325 4/04/2024 [1216] SAN BERNARDINO CO FIRE DEPARTMENT 5,785.41 0018326 4/04/2024 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0018327 4/04/2024 [1230] SCE 6,251.58
0018328 4/04/2024 [3700] SIMPLEVIEW 1,950.01
0018329 4/04/2024 [1249] SPECTRUM 119.99
0018330 4/04/2024 [1249] SPECTRUM 153.39
0018331 4/04/2024 [1249] SPECTRUM 119.98
0018332 4/04/2024 [1243] THE GAS COMPANY 4,440.80
0018333 4/04/2024 [1252] TPHS 300.00
0018334 4/04/2024 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0018335 4/04/2024 [1387] TWENTYNINE PALMS HISTORICAL SOCIETY (0867) 2,184.67 0018336 4/04/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 4,393.91 0018337 4/04/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0018338 4/04/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 436.00 0018339 4/04/2024 [3707] XIA HINES 90.00
0018340 4/04/2024 [1744] YUNEX LLC 550.00
Run: 5/06/2024 at 11:45 AM Page: 1

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0018341 4/17/2024 [1506] A NEW CREATION FLOWERS & GIFTS (2187) 67.35 0018342 4/17/2024 [1001] LORI (8411) ABDELNOUR 2,950.00 0018343 4/17/2024 [1005] AFLAC 648.86
0018344 4/17/2024 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0018345 4/17/2024 [3729] ATRIUM APOTHECARY INC 40.00
0018346 4/17/2024 [1017] AUTOZONE (0842) 164.73
0018347 4/17/2024 [0452] CHRISTINA BENTON 315.53
0018348 4/17/2024 [3807] BRANDON CHRISTOPHER BOLDS 400.00 0018349 4/17/2024 [3598] CANON SOLUTIONS AMERICA 85.39
0018350 4/17/2024 [3735] CAROLINE PARTAMIAN 6,157.00
0018351 4/17/2024 [3735] CAROLINE PARTAMIAN 3,000.00
0018352 4/17/2024 [3747] CAROLYN P RIGGS 100.00
0018353 4/17/2024 [1053] CINTAS CORPORATION (8315) 277.73 0018354 4/17/2024 [3448] CIRA 2,031.66
0018355 4/17/2024 [1079] DATA TICKET INC 617.09
0018356 4/17/2024 [1086] DEPARTMENT OF CONSERVATION 480.14 0018357 4/17/2024 [2194] DIVISION OF THE STATE ARCHITECT 136.00 0018358[VOID] 4/17/2024 [1588] DS LOCKSMITHING (2787) 212.50 0018359 4/17/2024 [3805] ELIZABETH EISENSTEIN 100.00
0018360 4/17/2024 [2898] ENVIROMINE, INC 2,047.50
0018361 4/17/2024 [1102] FORENSIC DTS INC 89.00
0018362 4/17/2024 [1106] FRONTIER 45.33
0018363 4/17/2024 [1106] FRONTIER 116.78
0018364 4/17/2024 [1106] FRONTIER 319.11
0018365 4/17/2024 [1114] GLOBALSTAR 2,685.34
0018366 4/17/2024 [0510] ABIGAIL HERNANDEZ CONDE 42.71
0018367 4/17/2024 [3632] INLAND EMPIRE TOURISM COUNCIL 15,000.00 0018368 4/17/2024 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0018369 4/17/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 1,059.89 0018370 4/17/2024 [2884] PAUL F MAURER 3,666.00
0018371 4/17/2024 [1157] MCCS 3,500.00
0018372 4/17/2024 [0001] ONE TIME VENDOR - FIGURE LOGISTICS 70.44 0018373 4/17/2024 [0001] ONE TIME VENDOR - GOODPASTOR DEVELOPMENT 13.41 0018374 4/17/2024 [0001] ONE TIME VENDOR - GLENDA MENARD 765.69 0018375 4/17/2024 [0001] ONE TIME VENDOR - VIVIAN RHEE 801.32 0018376 4/17/2024 [2582] OREILLY 662.38
0018377 4/17/2024 [3806] QUISHA D. HENDERSON 400.00
0018378 4/17/2024 [2499] RACKSPACE US, INC 1,125.36
0018379 4/17/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 443,627.00 0018380 4/17/2024 [2396] SAN BERNARDINO COUNTY-CSA 444.82 0018381 4/17/2024 [1230] SCE 16,677.58
0018382 4/17/2024 [1249] SPECTRUM 43.29
0018383 4/17/2024 [1249] SPECTRUM 129.99
0018384 4/17/2024 [1249] SPECTRUM 159.98
0018385 4/17/2024 [3681] TANKO LIGHTING 38,067.00
0018386 4/17/2024 [1250] TOTAL FITNESS (8331) 779.76
0018387 4/17/2024 [3804] TRI VALLEY GLASS 1,950.00
0018388 4/17/2024 [2474] TUFF SHED INC. (8686) 3,091.36 0018389 4/17/2024 [3093] TWENTYNINE PALMS ARTISTS GUILD 10,000.00 0018390 4/17/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 191.82 0018391 4/17/2024 [1267] UTILITY COST MANAGEMENT LLC 1,557.02 Run: 5/06/2024 at 11:45 AM Page: 2

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0018392 4/17/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0018393 4/17/2024 [1270] VALLEY INDEPENDENT PRINTING 400.20 0018394 4/17/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 166.00 0018395 4/17/2024 [0171] CYNTHIA VILLESCAS 255.31
0018396 4/17/2024 [1133] VISUAL EDGE IT, INC 106.61
0018397 4/17/2024 [1284] WONDER ELECTRIC COMPANY (0052) 230.00 0018398 4/17/2024 [1287] XEROX FINANCIAL SVC 188.71
0018399 4/18/2024 [1014] ARROWHEAD CREDIT UNION 16,698.37 0018400 4/18/2024 [1027] BLUE DIAMOND MATERIALS 380,139.52 0018401 4/18/2024 [3782] MRC SMART TECHNOLOGY SOLUTIONS 724.74 0018402 4/18/2024 [1184] OFFICE DEPOT CREDIT PLAN 454.19 0018403 4/24/2024 [3808] A M CONSTRUCTION SUPPLY, INC 215.49 0018404 4/24/2024 [3741] ASHLYN HARRIS 1,350.00
0018405 4/24/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 550,017.77 0018406 4/24/2024 [3716] CA DEPARTMENT OF INDUSTRIAL RELATIONS 268.75 0018407 4/24/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 56,190.48 0018408 4/24/2024 [1588] DS LOCKSMITHING (2787) 75.00
0018409 4/24/2024 [1100] FEDEX 46.55
0018410 4/24/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 1,330.25 0018411 4/24/2024 [2183] JOE A GONSALVES & SON 3,000.00 0018412 4/24/2024 [3757] KATE LEE SHORT 21.62
0018413 4/24/2024 [3787] LATIMER ENTERPRISE LLC 250.00
0018414 4/24/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 76.03 0018415 4/24/2024 [3588] METLIFE SMALL BUSINESS CENTER 4,489.76 0018416 4/24/2024 [3809] MONICA L MAHONEY 399.12
0018417 4/24/2024 [0001] ONE TIME VENDOR - SUNRUN INSTALLATIONS 587.25 0018418 4/24/2024 [0001] ONE TIME VENDOR - ZOIA LARINA 1,151.72 0018419 4/24/2024 [3382] PARTYLIFE PHOTOBOOTH 600.00
0018420 4/24/2024 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,198.94 0018421 4/24/2024 [1210] ROTARY CLUB OF TWENTYNINE PALMS 7,582.23 0018422 4/24/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 30,596.22 0018423 4/24/2024 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0018424 4/24/2024 [1230] SCE 958.52
0018425 4/24/2024 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0018426 4/24/2024 [3590] SOUTHWEST PROTECTIVE 5,688.00
0018427 4/24/2024 [1231] SPARKLETTS 403.87
0018428 4/24/2024 [1249] SPECTRUM 12.59
0018429 4/24/2024 [1249] SPECTRUM 37.95
0018430 4/24/2024 [1249] SPECTRUM 119.99
0018431 4/24/2024 [1249] SPECTRUM 1,179.00
0018432 4/24/2024 [1178] T-MOBILE 89.22
0018433 4/24/2024 [3798] TERRY EQUIPMENT INC. 4,268.00
0018434 4/24/2024 [3319] TOTAL COMPENSATION SYSTEMS 765.00 0018435 4/24/2024 [1254] TROPHY EXPRESS 180.22
0018436 4/24/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 74.13 0018437 4/24/2024 [1274] VSP 679.99
0018438 4/24/2024 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0018439 4/24/2024 [1278] WESTERN HOME BUILDERS, INC 1,500.00 0018440 4/24/2024 [1284] WONDER ELECTRIC COMPANY (0052) 425.61 0018441 4/24/2024 [1744] YUNEX LLC 550.00
0018442 4/30/2024 [0291] JOEL ANTHONY KLINK 84.02
Run: 5/06/2024 at 11:45 AM Page: 3

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0018443 5/01/2024 [3581] ADVANCED IMAGING SOLUTIONS 716.78 0018444 5/01/2024 [2680] AIS 98.70
0018445 5/01/2024 [3121] AMERICAN EXPRESS 3,823.94
0018446 5/01/2024 [1046] CAMPBELL PET CO 2,127.12
0018447 5/01/2024 [1038] CMRSFP 900.00
0018448 5/01/2024 [0546] DAVID MARK DALY 244.65
0018449 5/01/2024 [1081] STEPHEN F DAVIS 400.00
0018450 5/01/2024 [1106] FRONTIER 135.79
0018451 5/01/2024 [1106] FRONTIER 80.50
0018452 5/01/2024 [1116] GOVERNMENT FINANCE OFFICERS ASSN 190.00 0018453 5/01/2024 [3241] GREENFIELDS OUTDOOR FITNESS 226.28 0018454 5/01/2024 [2432] KOA CORP (9174) 6,810.00
0018455 5/01/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0018456 5/01/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 340.73 0018457 5/01/2024 [1182] NV5 INC (8793) 508.75
0018458 5/01/2024 [3076] ONLINE SOLUTIONS LLC 25,200.00 0018459 5/01/2024 [1210] ROTARY CLUB OF TWENTYNINE PALMS 300.00 0018460 5/01/2024 [1212] RUTAN AND TUCKER 26,276.27
0018461 5/01/2024 [1230] SCE 6,984.44
0018462 5/01/2024 [3700] SIMPLEVIEW 187.50
0018463 5/01/2024 [1249] SPECTRUM 119.99
0018464 5/01/2024 [1249] SPECTRUM 149.98
0018465 5/01/2024 [1249] SPECTRUM 189.99
0018466 5/01/2024 [1243] THE GAS COMPANY 2,979.67
0018467 5/01/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 3,551.39 0018468 5/01/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0018469 5/01/2024 [1270] VALLEY INDEPENDENT PRINTING 195.75 0018470 5/01/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 102.14 0018471 5/01/2024 [1273] VERIZON WIRELESS 672.61
0018472 5/01/2024 [1277] WATERLINE TECHNOLOGIES INC 988.64 457DC033124 4/05/2024 [1044] CALPERS 1,182.29
457DC041424 4/19/2024 [1044] CALPERS 1,182.29
HP040524 4/05/2024 [1044] CALPERS 30,030.97
INV28699431 4/12/2024 [2231] PAYCHEX INC 112.50
INV5059774 4/22/2024 [2231] PAYCHEX INC 309.40
NWDC033124 4/05/2024 [1173] NATIONWIDE RETIREMENT SOLUTIONS 1,739.49 NWDC041424 4/19/2024 [1173] NATIONWIDE RETIREMENT SOLUTIONS 1,739.49 NWODC033124 4/05/2024 [1172] NATIONWIDE RETIREMENT SOLUTIONS OB 407.51 NWODC041424 4/19/2024 [1172] NATIONWIDE RETIREMENT SOLUTIONS OB 498.36 RCPPE033124 4/05/2024 [1044] CALPERS 20,073.35
RCPPE041424 4/19/2024 [1044] CALPERS 20,099.72
RCPPE041424 4/19/2024 [1044] CALPERS 430.41
WIREHRA04162 4/16/2024 [2367] MIDAMERICA 6,912.74
Approved by: Date:

Total Checks: 2,001,856.95
Run: 5/06/2024 at 11:45 AM Page: 4

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 14 2024
SUBJECT: Ordinance No. ____ Repealing Chapter 15.10 of the Municipal Code - Wastewater Services RECOMMENDATION:

The City Council approve Ordinance No. ___ repealing Ordinance No. 312 Chapter 15.10, Wastewater Services.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion / Second
Discussion of Motion
Call the Question (Roll Call Vote)
ATTACHMENTS:
• Attachment 1: Ordinance NO.
___ Repealing Ordinance 312 -
Waste Water Regulations
• Attachment 2: Ordinance No
312 (Wastewater Services)
BACKGROUND:

At the November 14, 2023, meeting the City Council adopted Ordinance No. 312 in anticipation of installing a large wastewater treatment system. Following the adoption (December 12, 2023, meeting) the City Council decided not to pursue the wastewater treatment system due to a variety of factors including the lack of available and necessary funding. Ordinance No. 312 has no purpose since the wastewater treatment plant is no longer being pursued according to the Council direction.

ENVIRONMENTAL:

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

ALTERNATIVES:

The City Council can modify the recommendation as appropriate.

FISCAL IMPACT:

None. Page 29 of 344
3092/014122-0001
20103751.2 a04/15/24

CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TWENTYNINE PALMS REPEALING ORDINANCE NO. 312
WHEREAS, Ordinance 312 was adopted by the City Council of the City of Twentynine Palms (“City”) on November 14, 2023; and
WHEREAS, Ordinance 312 was adopted in anticipation of installing a large wastewater treatment system; and
WHEREAS, following the adoption of Ordinance 312, the City Council decided not to pursue the contemplated wastewater treatment system due to a variety of factors including the lack of available and necessary funding; and
WHEREAS, Ordinance 312 has no purpose since the contemplated wastewater treatment system is no longer being pursued and accordingly the Council desires to rescind said Ordinance to ensure the City’s Ordinances and Municipal Code correctly reflect the City Council’s actions on this topic.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Ordinance 312 is hereby repealed and rescinded in its entirety and shall have no further force or effect. Moreover, Twentynine Palms Municipal Code Chapter 15.10 which was introduced by Ordinance 312 shall not take effect, and if and where applicable the Municipal Code shall revert to its form prior to the adoption of Ordinance 312.

SECTION 2. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.

SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption by the City Council.

PASSED, APPROVED AND ADOPTED this __ day of _______ 2024.

Steven Bilderain, Mayor

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3092/014122-0001
20103751.2 a04/15/24 -2-
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

Patrick Muñoz, City Attorney
I, Cindy Villescas CMC, City Clerk of the City of Twentynine Palms, County of San Bernardino, State of California, hereby attest to the above signature and certify that Ordinance No. _____ was adopted by the City Council of said City of Twentynine Palms at a meeting of said Council held on the _____ day of _______________ 2024, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
___________________________________
Cindy Villescas CMC, City Clerk
City of Twentynine Palms, California

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: May 14 2024
SUBJECT: PAAC grant application - CAC / Creative Youth.

RECOMMENDATION:

The City Council give direction to the Public Arts Advisory Committee to apply for the Creative Youth Development grant as administered by the California Arts Council for a total of $25,000.

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
BACKGROUND:

From the California Arts Council (CAC) website:

The Creative Youth Development program is rooted in the CAC’s belief that arts learning is an essential tool for healthy human development and that it should be available to all young people throughout California, including but not limited to those whose lives have been impacted or interrupted by the justice system. The CAC envisions that all of California’s young people are provided with meaningful, culturally responsive arts-learning experiences so that they can reach their full potential. All projects may occur during or outside of traditional school hours and should take place at arts and culture venues, community centers, court/school sites, juvenile halls and camps, countyoperated correctional facilities, social services agencies, and other youth-oriented settings.

Beneficiaries of Creative Youth Development projects include youth from infancy to 25 years of age.

Support for system-engaged, system-impacted, and/or at-promise youth are an additional priority with successful projects being tailored specifically to respond to their needs. These may be youth and young people who were dismissed from middle, high and/or continuation schools; have been subjected to racial profiling; have been arrested or are on probation; are currently incarcerated at a juvenile justice facility or attending a court-appointed educational institution; are undocumented; are unhoused and/or migratory; are refugees; have incarcerated parent(s) or guardian(s); and/or are pregnant or young parents themselves.

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If obtained, then the PAAC would develop a free afterschool arts program to serve the teens of Twentynine Palms. The program would be held at Patriotic Hall through a collaboration with Park and Recreation. The program would be overseen by Kate Short, vice-Chair of the PAAC, and utilize several of the mentees from WORKSHOP29.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The Council could give direction to the PAAC to not pursue the grant.

FISCAL IMPACT:

None.

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: May 14 2024
SUBJECT: Development Code Amendment - Chapter 19.90 Dedications and Improvements - Implementing a Process for Establishing Legal Access and Adopting Development Impact Fees.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Chapter 19.90
• Chapter 19.90_Dedications
and Improvements draft
• Transportation Impact Fee
Study
• Planning Commission
Resolution
BACKGROUND:

On October 03, 2023, and on April 16, 2024, the Planning Commission conducted Public Hearings on changes to Chapter 19.90, Dedications and Improvements of the Development Code.

Chapter 19.90 Dedications and Improvements establishes the standards for when street dedications will be required, what infrastructure improvements will be required for a development project, provides a process to request a delay or deferral of required improvements and establishes Development Impact Fees. Staff is presenting the modifications to this Chapter as outlined below.  Section 19.90.040 has been modified to implement a process for establishing legal access for lots located on streets where no dedicated right-of-way exists. Page 51 of 344  Section 19.90.080 has been modified to repeal the current Street Improvement Impact Fee, which is based upon linear street frontage of the property, and to establish a Development Impact Fee, which is based upon square footage of proposed structures.  Removal of the term "waiving/waived as there is no allowance in the code for waiving of requirements.
 Making the language for required infrastructure improvements consistent for all zoning designations.
 Modifying the language in Section 19.90.050 for the requirement for Offer of Dedication.

To receive a building permit, physical and legal access must be established on a parcel. Physical access is defined as a route which is traversable in a standard 2-wheel drive sedan. Legal access is defined in the following ways:

1. A dedicated right of way.

2. A dedication to the City of Twentynine Palms and to the public in general, an easement for public road, highway and public utility purposes of a width as established by the Circulation Element of the General Plan.

3. An existing traveled way that is substantially in compliance with City road standards, where a prescriptive right by the user has been established for the public use by court decree.

4. Private road easement.

Many of the existing lots in the City have a property line in common with adjacent lots and no right of way has been established. The proposed code amendment will define the procedure to establish legal access and provides a mechanism to allow construction if legal access cannot be established.

Pursuant to Section 66006 of the California Government Code, local agencies are authorized to conditionally approve development projects subject to the payment of Development Impact Fees (DIF).

The intent of DIF is for the purpose of defraying all or a portion of the cost of public infrastructure related to the development project.

The City currently collects a Street Improvement Impact Fee at a rate of $87.22 per linear foot for new construction. In July of 2020, the City Council provided direction to Staff to review the current Street Improvement Impact Fee with the potential to create a DIF. The City contracted for a Transportation Impact Fee Study. At the meeting of April 2022, the City Council approved the study and directed Staff to move forward with a Development Code Amendment.

However, in January 2022, new State regulations went into effect in regard to impact fees and the City contracted for an updated Transportation Impact Fee Study. The Development Impact Fee adopted must be in relation to the square footage of the proposed structure.

Pursuant to the Transportation Impact Fee Study, the proposed fees collected are to be allocated for improvements on Adobe Road, Lear Avenue, Encelia Avenue, Mesquite Springs Road, Amboy Road, Two Mile Road, Hatch Road, Sullivan Road and Twentynine Palms Hwy.

The fees to be collected are as follows:

Single Family residential dwelling units: $2.94 / square foot Multifamily residential dwelling units: $3.16 / square foot Commercial development: $8.52 / square foot
Office development: $8.94 / square foot
Industrial development: $5.17 / square foot
ENVIRONMENTAL:

This action is exempt from CEQA pursuant to Section 15061(b)(3), which states that the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential Page 52 of 344 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 additional information from Staff and postpone the Hearing to a date certain.

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

3. Return the item to the Planning Commission for further review.

4. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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1 CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT

CODE AMENDMENT, DEVELOPMENT CODE AMENDMENT,
AMENDING CHAPTER 19.90 DEDICATIONS AND IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO, AMENDING SECTION 19.90.040

IMPLEMENTING A PROCEDURE FOR THE ESTABLISHMENT OF
LEGAL ACCESS AND REPEALING SECTION 19.90.080 STREET
IMPROVEMENT IMPACT FEE AND IMPLEMENTING SECTION 19.90.080

DEVELOPMENT IMPACT FEES OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on October 03, 2023 and April 16, 2024, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter

19.90 Dedications and Improvements; and
WHEREAS, on Wednesday, May 01, 2024, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on May 14, 2024, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and WHEREAS, a Public Hearing was held by the City Council on May 14, 2024, at which time the Council introduced Ordinance No. ___, amending Chapter 19.90 Dedications and Improvements of the Development Code; and WHEREAS, on May 14, 2024, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in

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2 accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the common­sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

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

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

Goal LU-4 – Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.

Implementation Policy LU-6.2 - New development shall be required to pay for its fair share of infrastructure needs and services to avoid burdening existing residents.

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

The Development Code Amendment includes implementing a process for establishing legal access and replacing the Street Improvement Impact Fee, which is based upon linear street frontage, with a Development Impact Fee based upon square footage of proposed structures, in compliance with State law.

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

The amendment is to implement a procedure for the establishment of legal access and to repeal and replace Section 19.90.080 regarding Development Impact Fees.

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

This amendment is to establish a process for legal access to parcels and to replace the street impact fee, which is based upon linear frontage of the

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3 property, with a development impact fee which is based upon square footage of proposed structures.

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

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.90 Dedications and Improvements, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

Section 3. The City Council approves and adopts the "Findings" required for approval of the Development Code update as set forth above.

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

Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 14th day of May 2024.

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

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

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4

Page 57 of 344 ends

5 PASSED, APPROVED, AND ADOPTED this 28
th day of May 2024.

Steve Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 14
th day of May 2024 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 28
th day of May 2024, in Twentynine
Palms, California by the following vote, to wit.

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Cindy Villescas CMC, City Clerk

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-1 Dedications and Improvements
Chapter 19.90 Dedications and Improvements
Sections

19.90.010 Purpose................................................................................................................19.90-1

19.90.020 Applicability........................................................................................................19.90-1

19.90.030 Review and Permit Requirements.......................................................................19.90-1

19.90.040 Required Dedications and Improvements – General ..........................................19.90-1

19.90.050 Required Dedications and Improvements – Residential...................................19.90-33

19.90.060 Required Dedications and Improvements – Commercial and Industrial ..........19.90-44

19.90.070 Street Dedications and Improvements – Delay or Deferral ..............................19.90-44

19.90.080 Development Street Improvement Impact Fee ...................................................19.90-6

19.90.010 Purpose
This Chapter establishes standards for street dedications and improvements required in land use districts in the City in accordance with the adopted General Plan Circulation Element. In addition, this Chapter identifies procedures for delaying or deferring or waiving the required street dedications and improvements and establishes a Development Impact Fee.

19.90.020 Applicability
The standards contained in this Chapter shall apply to the following:

A. New Uses and Buildings. For all buildings erected and all uses of land established after the effective date of this Title, street dedications and improvements shall be provided as required by this Chapter.

B. Existing or Modified Uses and Buildings. Upon construction of a structure or improvement which would result in an increase or change in vehicular and/or pedestrian traffic, street dedications and improvements shall be provided as required by the Chapter.

C. Exceptions. The requirements of this Chapter for street dedications and/or improvements may be deferred or delayed or waived in accordance with the procedures set forth in Section 19.90.070 (Street Dedications and Improvements – Delay or Deferral).

19.90.030 Review and Permit Requirements
A. Requirements for street dedications and improvements shall be imposed during review of any permit for a ministerial or discretionary approval for development projects.

B. Additional approvals may be required prior to commencement of work on street improvements, such as an encroachment permit.

EXHIBIT “A”

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-2 Dedications and Improvements

19.90.040 Required Dedications and Improvements – General A. Before occupancy is granted for any building or improvement subject to the requirements of this Chapter, the Director Building Official shall determine the following:

1. That all of the required dedications have been provided.

2. That physical and legal access has been established. a. Physical access is a route which is traversable in a standard (2-wheel drive) sedan. Proof of physical access shall be determined by the Director. b. Legal access is:
i. A dedicated right of way.
ii. A dedication to the City of Twentynine Palms and to the public in general, an easement for public road, highway and public utility purposes of a width as established by the Circulation Element of the General Plan. iii. An existing traveled way that is substantially in compliance with City road standards, where a prescriptive right by the user has been established for the public use by court decree.
iv. Private road easement.
c. When all feasible efforts to establish legal access in accordance with subsection A2b of this section have been exhausted, the lot is an existing legally created parcel, and the property owner has physical access, the Director may waive the requirement for legal access on the condition that the property owner enters into an agreement in the form required by the City, which includes the property owners:
i. Representation that the owner has the right to physical access. ii. Acknowledgement that proof of legal access has not been provided to the City’s satisfaction.

1. iii. Agreement to disclose to any subsequent owners that legal access has not been established to the satisfaction of the City. Notation of said agreement and conditions of waiver shall also be notated on the building permit.

2.3.That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of surety acceptable to the City Council, in an amount equal to the estimated cost of the street improvements, has been posted with the City to ensure the installation of said street improvements.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-3 Dedications and Improvements
B. The following street improvements shall apply to expressways, and arterials, secondary’s and collector streets:

1. Paving.

1.2.Concrete curbs and gutters shall be installed.

2.3.Sidewalks, per City standards, shall be installed.

C. The requirements imposed by this Chapter to either construct street improvements or pay a Local or Citywide Street Improvement Impact Fee may be deferred if the property owner applies for, and receives authorization to enter into, a deferral agreement with the City, in accordance with Section

19.90.070 (Street Dedications and Improvements – Delay or Deferral).

19.90.050 Required Dedications and Improvements – Residential A. Property owners constructing a new single-family residence or any other attached or detached addition on the property or new second dwelling unit with a kitchen shall be responsible for the dedication of additional right of way along all street frontages of the property. construction of required improvements along the street frontage of their lot, up to a maximum of 150 feet.

B. If street improvements exist prior to approval of the new development, and were paid for with funds from the Local or Citywide Street Improvement Impact Fee or other public funds, the property owner shall be responsible for the payment of a Local Street Improvement Impact Fee, in accordance with Section 19.90.080 (Street Improvement Impact Fee).

C.B. The following street improvement standards shall apply to local streets (see Article 2 for definitions of the land use districts), upon subdivision of the property or approval of a land use entitlement application:

1. In the RL, RS-1, RS-E, and OSR land use districts:
a. Paving.
a.b. Asphalt berms may be installed in lieu of curb and gutter. b.c. Sidewalks shall not be required.

2. In the RS-2 and RS-3 land use districts:
a. Paving.
c.b. Concrete curbs and gutters shall be installed.
d.c. Sidewalks shall not be required.

3. In the RS-4 and RM land use districts:

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-4 Dedications and Improvements
e.a. Paving.
f.b. Concrete curbs and gutters shall be installed.
g.c. Sidewalks, per City standards, shall be installed.

4. In the R-HD land use district:
a. Streets shall be paved.
b. Concrete curbs and gutters shall be installed.
c. Sidewalks, per City standards, shall be installed.

19.90.060 Required Dedications and Improvements – Commercial and Industrial
A. Property owners constructing a new commercial or industrial building or establishing a new use shall be responsible for the construction of required improvements along the entire street frontage of their lot.

B. In the CG, CO, CT, CN and CS land use districts (see Article 2 for definitions of the land use districts), the following street improvement standards shall apply to local streets:

1. Paving.

1.2.Concrete curbs and gutters shall be installed.

2.3.Sidewalks, per City standards, shall be installed.

C. In the IC land use district, the following street improvement standards shall apply to local streets:

1. Paving.

1.2.Concrete curbs and gutters shall be installed.

2.3.Sidewalks shall not be required.

19.90.070 Street Dedications and Improvements – Delay or Deferral A. Request for Deferral. Request for a deferral of any requirement for street dedication and/or street improvement may be made to the City Manager, who shall have the authority to defer any of the requirements subject to an executed deferral agreement between the City and the responsible party.

1. Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the a deposit in the amount equal to the estimated cost of the street

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-5 Dedications and Improvements
improvements, payment of the applicable street improvement impact fee, or defer such improvement subject to an executed deferral agreement between the City and the responsible party.

B. Conditions of Approval. In approving a request for deferring or delaying or waiving public improvements, the approving authority shall impose reasonable and appropriate conditions in order to achieve the purposes of this Development Code, ensure consistency with the goals and policies of the General Plan, and justify making the necessary findings. Conditions shall include but are not limited to the following:

1. Delayed Improvements – Bonding. Where it is impractical to dedicate right-of-way and/or complete installation of street improvements prior to occupancy or commencement of a use subject to these requirements, an agreement in writing shall be entered into with the City to make such improvements. Additionally, a cash deposit, a surety bond, an irrevocable letter of credit or such other form of surety as may be acceptable to the City Attorney, in an amount equal to the estimated cost of the improvements, shall be posted with the Community Development Department in lieu thereof, to guarantee the installation of such improvement. In that event, the actual installation of street improvements may be delayed until a time certain as identified in the agreement or upon written demand by the City. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California.

2. Written Agreement Required. Prior to deferring any improvement requirement, a written agreement from the applicant shall be required, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. If approved by the City Council on appeal, any such deferral agreement shall be executed by the City Manager on behalf of the City. This agreement shall be recorded with the County Recorder.

C. Findings for Approval. Prior to deferring or delaying any dedication or improvement requirement as prescribed by this Chapter, the approving authority shall make all the following findings:

1. That the modification of the improvement would not adversely affect public health and safety.

2. That the improvements being deferred or delayed do not postpone improvements which are a necessary prerequisite to the use and orderly development of the surrounding area.

D. Appeals. Any action by the City Manager or Planning Commission pertaining to a request to defer public improvements may be appealed to the City Council in accordance with Section 19.28.120 (Appeals).

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-6 Dedications and Improvements

19.90.080 Development Street Improvement Impact Fee
A. Establishment. In lieu of requiring the construction of the street improvements required by this Chapter, a street improvement impact fee may Development Impact Fees will be assessed, at the discretion of the City Engineer, in connection with the issuance of a development permit for new construction.

A. Calculation of Fee. The amount of the fee shall be as adopted by Resolution of the City Council and shall be calculated according to the square footage of the proposed construction. Fees are based upon land use type as identified in Article 2. length of street frontage of the lot on which the development is to occur. The fee to be assessed in connection with the issuance of a permit for construction of a new single-family residence or new second dwelling unit with a kitchen shall be based upon the length of street frontage of the lot on which the development is to occur, up to 150 feet of frontage.

For all other development, the fee shall be calculated based upon the total street frontage of the lot on which the development is to occur. Subject to the adjustment provisions in Subsection 19.90.080.C, the fee for fiscal year 2006–2007 shall be $75 per linear foot of street frontage.

B. Adjustment of Fee. In order to account for increased construction costs relating to material and labor, the fee in Subsection 19.90.080.B shall be increased by an inflation factor equivalent to the Consumer Price Index each following fiscal year after fiscal year 2006–2007.

C.B. Collection. The amount of fees due hereunder shall be determined at the time of approval of a development permit for new construction. The fee shall be paid prior to no later than the issuance of a building permit for such development and no building permit shall be issued authorizing the construction or establishment of any units without payment of the fee.

C. Creation of Separate Funds; Purpose and Use of Development Street Improvement Impact Fees. The City Finance Director shall create a separate account into which all Development Impact Fees collected shall be placed. Because development subject to this fee will have traffic impacts on a citywide basis, the fees collected are to be allocated for improvements on Adobe Road, Lear Avenue, Encelia Avenue, Mesquite Springs Road, Amboy Road, Two Mile Road, Hatch Road, Sullivan Road and Twentynine Palms Hwy.

The City’s Finance Director shall file a report with the City Council annually and at least once a year thereafter which shall contain both of the following:
a. The amount of funds collected and expended under this Chapter. b. The status of any project required or authorized to be funded to carry out the purposes set forth herein.

D.

1. Upon the effective date of this Ordinance, the City Finance Director shall create a separate account (the Local Street Improvement Fund) into which all fees assessed in connection with the

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effectivel Page 19.90-7 Dedications and Improvements
issuance of permits for construction of a new single-family residence or new second dwelling unit with a kitchen shall be placed. The Local Street Improvement Fund shall be used solely for the purpose of constructing curbs, gutters, sidewalks and connecting pavement on streets fronting residentially zoned property in accordance with the General Plan Circulation Element. Because development subject to this fee will have traffic impacts on a citywide basis, the fees are not required to be used to construct street improvements on the same street from which they are received.

1. A separate account (the Citywide Street Improvement Fund) into which all revenue raised by this Chapter, other than that designated for the Local Street Improvement Fund, shall be created. The Citywide Street Improvement Fund shall be used solely for the purpose of constructing curbs, gutters, sidewalks and connecting pavement on streets in the City in accordance with the General Plan Circulation Element. Because development subject to this fee will have traffic impacts on a citywide basis, the fees are not required to be used to construct street improvements on the same street from which they are received.

1. The City’s Finance Director shall file a report with the City Council annually and at least once a year thereafter which shall contain both of the following:
a. The amount of funds collected and expended under this Chapter. b. The status of any project required or authorized to be funded to carry out the purposes set forth herein.

E.

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CITY OF TWENTYNINE PALMS

TRANSPORTATION IMPACT FEE STUDY
FINAL
JULY 10, 2023
Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com

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i

TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................... 1 Background and Study Objectives 1
Use of Fee Revenues 1
Methodology Used in This Study 1
Fee Schedule 1

1. INTRODUCTION................................................................................. 3 Study Objectives 3
Study Methodology 3
Types of Facility Standards 4
New Development Facility Needs and Costs 4
Fee Program Maintenance 4
Organization of the report 5

2. TRANSPORTATION IMPACT FEE ANALYSIS ........................................... 6 Growth Projections 6
Trip Demand 7
Growth in Trip Demand 8
Cost Allocation to New Development 9
Cost per Trip 12
Maximum Justified Impact Fee Schedule 12

3. AB 602 REQUIREMENTS................................................................. 14 Compliance with AB 602 14
66016.5. (a) (2) - Level of Service 14
66016.5. (a) (4) – Review of Original Fee Assumptions 14 66016.5. (a) (5) – Residential Fees per Square Foot 14
66016.5. (a) (6) – Capital Improvement Plan 14

4. IMPLEMENTATION ........................................................................... 15 Impact Fee Program Adoption Process 15
Inflation Adjustment 15
Reporting Requirements 15
Programming Revenues and Projects with the CIP 15

5. MITIGATION FEE ACT FINDINGS ....................................................... 17 Purpose of Fee 17
Use of Fee Revenues 17
Benefit Relationship 17
Burden Relationship 17
Proportionality 18

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1 Executive Summary
This report summarizes an analysis of the need for transportation facilities to support future development within the City of Twentynine Palms as growth occurs. It is the City’s intent that the costs representing future development’s share of these facilities and improvements be imposed on that development in the form of a development impact fee.

Background and Study Objectives
The primary policy objective of this transportation impact fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to calculate and present fees that will enable the City to expand its inventory of transportation facilities – and therefore maintain its facilities standards – as new development creates more demand for transportation facilities.

The City will transportation impact fees Citywide under the authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedule contained herein.

Use of Fee Revenues
Impact fee revenue must be spent on new facilities or the expansion of current facilities to serve new development. The share of specific facilities intended to be funded by this fee are detailed within this report.

Methodology Used in This Study
The impact fees calculated in this study use a planned facilities approach to allocate costs to new development. This approach identifies the share of planned facilities needed to serve new development, and then allocates the associated costs of facilities to new development through the impact fee.

Fee Schedule
Table E.1 summarizes the schedule of maximum justified transportation impact fees based on the analysis contained in this report.

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City of Twentynine Palms Transportation Impact Fee Study 2 Table E.1: Maximum Justified Transportation Impact Fee Schedule A B C = A x B D = C x 0.02 E = C + D F = E / Average
Trip
Land Use
Cost Per
Trip
Demand
Factor
Base
Fee1
Admin
Charge1, 2 Total Fee1
Fee per
Sq. Ft.

Residential Dwelling Units
Single Family3 $ 4,972 1.10 $ 5,469 $ 109 $ 5,578 $ 2.94 Multifamily3 4,972 0.63 3,132 63 3,195 3.16
Nonresidential - per 1,000 Sq. Ft.

Commercial $ 4,972 1.68 $ 8,353 $ 167 $ 8,520 $ 8.52
Office 4,972 1.76 8,751 175 8,926 8.93
Industrial 4,972 1.02 5,071 101 5,172 5.17
1 Fee per average sized dw elling unit or per 1,000 square feet of nonresidential building space.

Sources: Tables 2 and 6.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
3 Assumes an average of 1,897 square feet per single family dw elling unit and 1,010 per multifamily unit in 29 Palms derived from 2019 American Housing Survey data for the Riverside - San Bernardino County MSA.

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3 1. Introduction
This report presents an analysis of the need for transportation facilities to accommodate new development in the City of Twentynine Palms. This chapter provides background for the study and explains the study approach under the following sections:
▪ Study Objectives;
▪ Study Methodology;
▪ Fee Program Maintenance; and
▪ Organization of the Report.

Study Objectives
The primary policy objective of a traffic facilities fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to establish transportation impact fees that will enable the City to expand its inventory of transportation facilities – and therefore maintain its facilities standards – as new development leads to increases in service demands.

The City imposes impact fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedules contained herein.

The City of Twentynine Palms is forecast to experience substantial growth through the planning horizon of 2040. This growth will create an increase in demand for public services and the City facilities required to deliver them. Given the revenue challenges that are common to most cities and counties in California, the City has decided to use a development impact fee program to ensure that new development funds the share of transportation facility costs associated with growth. This report makes use of the most current available growth forecasts and facility plans to establish a transportation impact fee program that funds new development’s share of the transportation facilities demanded by that development.

Study Methodology
Traffic impact fees are calculated to fund the cost of transportation facilities required to accommodate growth. The five steps followed in a public facilities fee study include:

1. Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for transportation facilities;

2. Identify facility standards: Determine the facility standards used to plan for new and expanded facilities;

3. Determine facilities required to serve new development and their costs:

Estimate the total amount and cost of planned facilities, and identify the share required to accommodate new development;

4. Identify alternative funding requirements: Determine if any non-fee funding is required and/or available to complete projects; and,

5. Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the public facilities fee schedule.

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City of Twentynine Palms Transportation Impact Fee Study 4 The key public policy issue in development impact fee studies is the identification of facility standards (step #2, above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.

Types of Facility Standards
There are three separate components of facility standards: demand standards, design standards and cost standards. Demand standards determine the amount of facilities required to accommodate growth. In this case, the impact fee seeks to maintain a specific level of service on its roadways. Design standards determine how a facility should be designed to meet expected demand, and directly related to the costs of planned facilities. The projects included in the transportation impact fee have all been designed to meet state and City engineering standards.

Finally, cost standards are a method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand.

The transportation impact fee analysis contained in this report converts project costs to serve growth (identified by demand and design standards), into a cost standard (cost per trip from new development), which is then used as the basis of the fee. A fee for a particular land use is equal to the cost per trip, multiplied by the trip generation rate (trip demand factor) for that land use.

New Development Facility Needs and Costs
Several approaches are used to identify facility needs and costs to serve new development. Often there is a two-step process: (1) identify total facility needs, and (2) allocate to new development its fair share of those needs.

There are three common methods for determining new development’s fair share of planned facilities costs: the existing inventory method, the system plan method, and the planned facilities method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.

The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development. Under this method new development funds the expansion of facilities at the same standard currently serving existing development. This method is not used in this study.

The system plan method calculates the fee based on the value of existing facilities plus the cost of planned facilities, divided by demand from existing plus new development. This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. This method is not used in this study.

The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:

Cost of Planned Facilities
New Development Demand
This method is appropriate when specific planned facilities can be identified that only benefit new development. Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This method is also appropriate when to use in this analysis when a specific share of planned facilities that benefit new development can be identified. Under this method new development funds its fair share of the expansion of facilities needed to ensure that traffic operates at an acceptable level of service.

This method is used to calculate the transportation impact fees in this report.

Fee Program Maintenance
Once a fee program has been adopted it must be properly maintained to ensure that the revenue collected adequately funds the facilities needed by new development. Impact fee levels must be = $/unit of demand

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City of Twentynine Palms Transportation Impact Fee Study 5 adjusted frequently to account for inflation. Should the cost of facilities rise more quickly than the fee amounts collected, the facilities needed to serve new development will be underfunded. To avoid collecting inadequate revenue, costs for planned facilities must be updated periodically for inflation, and the fees recalculated to reflect the higher costs. The use of established construction cost indices, such as those published by the Engineering News Record, are necessary to accurately adjust the impact fees for inflation. For a list of recommended indices, and step-bystep instructions for adjusting fees for inflation, see Chapter 3.

While fee updates using inflation indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of traffic facilities, it is recommended to conduct more extensive updates of the fee documentation and calculation when significant new data on growth forecasts and/or facility plans become available. For further detail on fee program implementation, see Chapter 4.

Organization of the report
This report is organized as follows:
▪ Chapter 1, Introduction (this chapter): Summarizes facilities financing in California, and the general approach.
▪ Chapter 2, Transportation Impact Fee Analysis: Describes the technical analysis used to calculate the transportation impact fee and presents a fee schedule. ▪ Chapter 3, AB 602 Requirements: Describes how this nexus study complies with the requirements of AB 602.
▪ Chapter 4, Implementation: Provides guidelines for the implementation and ongoing maintenance of the public facilities fee program.
▪ Chapter 5, Mitigation Fee Act Findings: summarizes the five statutory findings required for adoption of the proposed fees in accordance with the Mitigation Fee Act (codified in California Government Code Sections 66000 through 66025).

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6 2. Transportation Impact Fee
Analysis
This chapter summarizes an analysis of the need for transportation facilities, including roadway and intersection improvements, to accommodate increased trip demand from new development.

The chapter documents a reasonable relationship between new development and an impact fee for funding of these facilities.

Growth Projections
Growth projections are used as indicators of demand to determine facility needs and allocate those needs between existing and new development. This section explains the source for the growth projections used in this study based on a 2022 base year and a planning horizon of 2040.

Estimates of existing development and projections of future growth are critical assumptions used throughout this report. These estimates are used as follows:
▪ The estimate of existing development in 2022 is used as an indicator of existing facility demand.
▪ The estimate of total development in 2040 is used as an indicator of future demand to determine total facilities needed to accommodate growth and remedy existing facility deficiencies, if any.
▪ Estimates of growth from 2022 through 2040 are used to (1) allocate facility costs between new development and existing development, and (2) estimate total fee revenues.

The demand for transportation facilities is based on the increase in trips generated by dwelling units or nonresidential development creating the need for the facilities.

Table 1 shows the estimated number of residents, dwelling units, employees, and building square feet within the City of Twentynine Palms, both in 2022 and at the planning horizon. The base year estimates of household residents and dwelling units comes from the California Department of Finance. The projection of residents and dwelling units is based data from the Southern California Association of Governments (SCAG) 2040 Regional Transportation Plan.

Base year employees were estimated based on the latest data from the US Census’ OnTheMap application. The projection of employment is based on an increase of 30% compared to 2022 estimates. This projection is more conservative than the SCAG projection, as City staff felt the SCAG projection for employment in 2040 is too high.

Base year nonresidential square footage was estimated based converting the commercial, office and industrial employees to an equivalent amount of building space using employment density assumptions. This conversion assumes 2.12 employees per 1,000 square feet of commercial space, 3.26 workers per 1,000 square feet of office space and 1.16 employee per 1,000 square feet of industrial space, derived from the most recent Institute of Traffic Engineers (ITE) Trip Generation Manual data.

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City of Twentynine Palms Transportation Impact Fee Study 7 Table 1: Land Use Scenario
2022 2040 Increase
Residents1 21,034 37,300 16,266
Dwelling Units2
Single Family 6,530 7,783 1,253
Multifamily 3,035 3,617 582
Total 9,565 11,400 1,835
Employment3
Commercial 1,788 2,324 536
Office 673 875 202
Industrial 182 237 55
Total 2,643 3,436 793
Equivalent Building Square Feet (1,000s)4
Commercial 842 1,094 252
Office 207 269 62
Industrial 157 205 47
Total 1,205 1,567 362
Sources: California Department of Finance (DOF), Table E-5, 2022; SCAG 2016-2040 RTP/SCS Final Grow th Forecast by Jurisdiction; U.S.

Census Bureau, OnTheMap Application,
http://onthemap.ces.census.gov; ITE Trip Generation Manual, 11th Ed.; Willdan Financial Services.
4 Equivalent building square feet calculated based on the assumption of

2.12 commercial w orkers per 1,000 square feet, 3.26 office w orkers per 1,000 square feet and 1.16 w orkers per 1,000 industrial square feet based on ITE data.
1 Current household population from California Department of Finance (DOF). Projection based on SCAG
2 Current values from DOF. Increase in dw elling units based on SCAG grow th projection, allocated to single family and multifamily based on current proportions.
3 Base year from US Census OnTheMap Application and excludes local government w orkers. Totals in 2040 based on an assumption of an increase of 30%.

Trip Demand
The need for transportation improvements is based on the trip demand placed on the system by development. A reasonable measure of demand is the number of PM peak hour vehicle trips, adjusted for the type of trip. Vehicle trip generation rates are a reasonable measure of demand on the City’s system of street improvements across all modes because alternate modes (transit, bicycle, pedestrian) often substitute for vehicle trips.

The two types of trip adjustments made to trip generation rates to calculate trip demand are described below:

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City of Twentynine Palms Transportation Impact Fee Study 8 • Pass-by trips are deducted from the trip generation rate. Pass-by trips are intermediates stops between an origin and a destination that require no diversion from the route, such as stopping to get gas on the way to work. • The trip generation rate is adjusted by the average length of trips for a specific land use category compared to the average length of all trips on the street system.

These adjustments allow for a holistic quantification of trip demand that takes trip purpose and length into account for fee calculation purposes.

Table 2 shows the calculation of trip demand factors by land use category based on the adjustments described above. PM peak hour trip rates are based on the latest data available from the Institute of Traffic Engineers (ITE).

The trip purpose and trip length assumptions in Table 2 are based on extensive and detailed trip surveys conducted in the San Diego region by the San Diego Association of Governments (SANDAG). The SANDAG is used to supplement the ITE PM peak hour trip rates, because the SANDAG surveys provide one of the most comprehensive databases available of pass-by trips factors for a wide range of land uses. It should be noted that the projections of current and future trip demand generation in this report are based on data specific to the City.

Table 2: Trip Demand Factors
Pass-by
Trips1
Primary
and
Diverted
Trips
Average
Trip
Length2
Adjustment
Factor3ITE Category
PM
Peak
Hour
Trips4
Trip
Demand
Factor5
A B = 1 - A C
D = B x C
/ Avg. E F = D x E
Residential - per Dwelling Unit
Single Family 3% 97% 7.9 1.11 Single Family Housing (210) 0.99 1.10 Multifamily 3% 97% 7.9 1.11 Multifamily Housing (Low-Rise) (220) 0.57 0.63 Nonresidential - per 1,000 Sq. Ft.

Commercial 22% 78% 3.6 0.41 Shopping Center (820) 4.09 1.68 Office 4% 96% 8.8 1.22 General Office (710) 1.44 1.76
Industrial 2% 98% 9.0 1.28 General Light Industrial (110) 0.80 1.02 Sources: Institute of Traffic Engineers, Trip Generation Manual, 11th Edition; SANDAG; Willdan Financial Services. 1 Percent of total trips. A pass-by trip is made as an intermediate stop on the w ay from an origin to a primary trip destination w ithout a route diversion. Pass-by trips are not considered to add traffic to the road netw ork. 2 In miles. Based on SANDAG data.
3 The trip adjustment factor equals the percent of non-pass-by trips multiplied by the average trip length and divided by the systemw ide average trip length of 6.9 miles.
4 Trips per dw elling unit or per 1,000 building square feet. 5 The trip demand factor is the product of the trip adjustment factor and the trip rate.

Growth in Trip Demand
Table 3 estimates trip demand in 2022 and 2040. The trip demand factors from Table 2 are multiplied by estimates of existing and future development to determine existing and future demand for transportation facilities.

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City of Twentynine Palms Transportation Impact Fee Study 9 Table 3: Land Use Scenario and Trip Generation
Trip
Land Use
Demand
Factor
Units /
1,000 SF Trips
Units /
1,000 SF Trips
Units /
1,000 SF Trips
Residential - per Dwelling Unit
Single Family 1.10 6,530 7,183 1,253 1,378 7,783 8,561
Multifamily

0.63 3,035 1,912 582 367 3,617 2,279
Subtotal 9,565 9,095 1,835 1,745 11,400 10,840
Nonresidential - per 1,000 Sq. Ft.

Commercial 1.68 842 1,414 252 424 1,094 1,838
Office 1.76 207 364 62 109 269 473
Industrial 1.02 157 160 47 49 205 209
Subtotal 1,205 1,938 362 582 1,567 2,520
Total 11,033 2,327 13,360

82.6% 17.4% 100%
Sources: Tables 1 and 2.
2022 Growth 2022 to 2040 Total - 2040
Cost Allocation to New Development
Table 4 displays the capacity expanding project list and associated cost estimates needed to serve the City through 2040. The projects were identified in the General Plan. City staff estimated the costs of the projects. Note that not all General Plan projects were included in the project list.

City staff identified a subset of General Plan projects that are needed through 2040 to accommodate growth within the City within the planning horizon.

Table 5 allocates the total project costs from Table 4 to new development. Based on the estimates of trip demand from Table 3, new development will represent 16.5% of total trips in 2040. Since the projects identified in the General Plan will serve both existing and new development, new development is being asked to fund its share of the project costs corresponding with its share of trip generation in 2040. In total, approximately $11 million of transportation project costs are allocated to new development through this impact fee.

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City of Twentynine Palms Transportation Impact Fee Study 10 Table 4: Project Costs
Street Boundaries Length
Existing
Pavement
Width
Future
Width
Roadway
Area1
Sidewalk
Area2 Units
Pavin
g
Cost3
Roadway
Cost3
Curb and
Gutter
Unit Cost4
Curb and
Gutter
Cost4
Sidewalk
Unit Cost5
Sidewalk
Cost5 Total
Road Segments
Adobe Road Homestead Avenue to Amboy Road 4,852 - - - 77,632 Sq. ft. $ 14 $ - $ 50 485,200 $ 10 776,320 $ 1,261,520 Adobe Road east side only Amboy Road to Marine Corps Base 13,273 - - - 106,184 Sq. ft. 14 - 50 663,650 10 1,061,840 1,725,490 Lear Avenue SR 62 to Two Mile Road 5,280 36 64 147,840 84,480 Sq. ft. 14 2,069,760 50 - 10 - 2,069,760 Encelia Avenue SR 62 to Samarkand Road 7,858 36 44 345,752 125,728 Sq. ft. 14 4,840,528 50 785,800 10 1,257,280 6,883,608 Encelia Avenue Samarkand to Amboy Road 2,670 - 26 69,420 - Sq. ft. 14 971,880 50 - 10 - 971,880 Mesquite Springs Road SR 62 to Two Mile Road 5,280 40 80 422,400 84,480 Sq. ft. 14 5,913,600 50 528,000 10 844,800 7,286,400 Amboy Road Encelia Avenue to Adobe Road 13,387 - 26 348,062 - Sq. ft. 14 4,872,868 50 - 10 - 4,872,868 Two Mile Road Lear Avenue to Sunrise 13,206 26 64 845,184 211,296 Sq. ft. 14 11,832,576 50 - 10 - 11,832,576 Two Mile Road Sunrise Ave to Adobe Road 15,995 40 64 1,023,680 255,920 Sq. ft. 14 14,331,520 50 - 10 - 14,331,520 Hatch Road SR 62 to Stardune Avenue 5,309 24 64 339,776 84,944 Sq. ft. 14 4,756,864 50 530,900 10 849,440 6,137,204 SR 62 Larrea Avenue to Split Rock Avenue 8,484 - 135,744 Sq. ft. 14 - 50 848,400 10 1,357,440 2,205,840 Sullivan Road Stardune Avenue to Adobe Road 5,982 24 64 382,848 95,712 Sq. ft. 14 5,359,872 50 598,200 10 957,120 6,915,192 Subtotal 101,576 3,924,962 1,262,120 $54,949,468 $4,440,150 $ 7,104,240 $ 66,493,858 1 Ultimate w idth includes 12' w ide travel lane and minimum 8' w ide parking lanes w idths. New roads exclude parkw ay lane, curb and gutter and sidew alk 2 Assumes streets have 8' sidew alks on both sides of the street. 3 Unit cost of $14 per square foot for paving includes 5" asphalt concrete paving over 10" Class II Aggregate Base for collector streets. 4 Assumes $50 cost per linear foot for one side of the street. 5 Assumes $10 cost per sidew alk square foot.

Source: City of Tw entynine Palms.

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City of Twentynine Palms Transportation Impact Fee Study 11 Table 5: Cost Allocation to New Development
Street Boundaries Total Cost
Allocation to
New
Development
Cost
Allocated to
New
Development
Road Segments
Adobe Road Homestead Avenue to Amboy Road $ 1,261,520 17.4% $ 219,504 Adobe Road east side only Amboy Road to Marine Corps Base 1,725,490 17.4% 300,235 Lear Avenue SR 62 to Two Mile Road 2,069,760 17.4% 360,138 Encelia Avenue SR 62 to Samarkand Road 6,883,608 17.4% 1,197,748 Encelia Avenue Samarkand to Amboy Road 971,880 17.4% 169,107 Mesquite Springs Road SR 62 to Two Mile Road 7,286,400 17.4% 1,267,834 Amboy Road Encelia Avenue to Adobe Road 4,872,868 17.4% 847,879 Two Mile Road Lear Avenue to Sunrise 11,832,576 17.4% 2,058,868 Two Mile Road Sunrise Ave to Adobe Road 14,331,520 17.4% 2,493,684 Hatch Road SR 62 to Stardune Avenue 6,137,204 17.4% 1,067,873 SR 62 Larrea Avenue to Split Rock Avenue 2,205,840 17.4% 383,816 Sullivan Road Stardune Avenue to Adobe Road 6,915,192 17.4% 1,203,243 Subtotal $ 66,493,858 $ 11,569,931
Sources: Tables 3 and 4.

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City of Twentynine Palms Transportation Impact Fee Study 12 Cost per Trip
Every impact fee consists of the cost of projects that can be funded by a fee, divided by a measure of demand. In this case, all fees are first calculated as a cost per trip demand unit. Then these amounts are translated into housing unit (fee per dwelling unit) and nonresidential building space (fee per 1,000 building square feet) by multiplying the cost per trip by the trip demand factor for each land use category. These amounts become the fee schedule.

Table 6 calculates the cost per trip demand unit by dividing the total project costs attributable to new development summarized in Table 5, by the total growth in trips estimated in Table 3.

Table 6: Cost per Trip
Project Costs $ 11,569,931
Growth in Trip Demand 2,327
Cost per Trip $ 4,972
Sources: Tables 3 and 5.

Maximum Justified Impact Fee Schedule
Table 7 presents the maximum justified transportation impact fee schedule. The cost per trip is multiplied by the trip demand factor for each land use to determine the fee per dwelling unit or per 1,000 square feet of nonresidential building space.

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City of Twentynine Palms Transportation Impact Fee Study 13 Table 7: Maximum Justified Impact Fee Schedule
A B C = A x B D = C x 0.02 E = C + D F = E / Average
Trip
Land Use
Cost Per
Trip
Demand
Factor
Base
Fee1
Admin
Charge1, 2 Total Fee1
Fee per
Sq. Ft.

Residential Dwelling Units
Single Family3 $ 4,972 1.10 $ 5,469 $ 109 $ 5,578 $ 2.94 Multifamily3 4,972 0.63 3,132 63 3,195 3.16
Nonresidential - per 1,000 Sq. Ft.

Commercial $ 4,972 1.68 $ 8,353 $ 167 $ 8,520 $ 8.52
Office 4,972 1.76 8,751 175 8,926 8.93
Industrial 4,972 1.02 5,071 101 5,172 5.17
1 Fee per average sized dw elling unit or per 1,000 square feet of nonresidential building space.

Sources: Tables 2 and 6.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
3 Assumes an average of 1,897 square feet per single family dw elling unit and 1,010 per multifamily unit in 29 Palms derived from 2019 American Housing Survey data for the Riverside - San Bernardino County MSA.

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14 3. AB 602 Requirements
On January 1, 2022, new requirements went into effect for California jurisdictions implementing impact fees. Among other changes, AB 602 added Section 66016.5 to, the Government Code, which set guidelines for impact fee nexus studies. Four key requirements from that section which concern the nexus study are reproduced here:
66016.5. (a) (2) When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.
66016.5. (a) (4) If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.
66016.5. (a) (5) A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development. A local agency that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. 66016.5. (a) (6) Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

Compliance with AB 602
The following sections describe this study’s compliance with the new requirements of AB 602. 66016.5. (a) (2) - Level of Service
Fees calculated in this report are intended to provide a funding source from new development to fund new development’s fair share of the transportation improvements identified in Table 4. By paving unpaved roads, the planned improvements increase street capacity and therefore level of service by providing additional paved lanes, curb and gutters along the identified segments. This increased level of service is necessary to accommodate growth by allowing increased vehicle speeds, better air quality, reduced noise, and improved community aesthetics. The planned improvements are identified by City staff as necessary to accommodate new development. New development will not fund the entirety of the increase in level of service, rather, it will pay a share corresponding with its share of trip demand within the planning horizon. 66016.5. (a) (4) – Review of Original Fee Assumptions
This study is establishing a new impact fee to fund transportation facilities. Consequently, there are no original fee assumptions to review.
66016.5. (a) (5) – Residential Fees per Square Foot
Impact fees for residential land uses are calculated per square foot and comply with AB 602. 66016.5. (a) (6) – Capital Improvement Plan
The Capital Improvement Plan for this nexus study is comprised of the identified planned facilities listed in Table 4. Adoption of this nexus study would approve the planned facilities identified herein as the Capital Improvement Plan for this nexus study.

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15 4. Implementation
Impact Fee Program Adoption Process
Impact fee program adoption procedures are found in the California Government Code section 66016. Adoption of an impact fee program requires the Board of Supervisors to follow certain procedures including holding a public meeting. Data, such as an impact fee report, must be adopted prior to adopting the fee program. The study must be made available at least 30 days prior to the public hearing. The City’s legal counsel should be consulted for any other procedural requirements as well as advice regarding adoption of an enabling ordinance and/or a resolution.

After adoption there is a mandatory 60-day waiting period before the fees go into effect.

Inflation Adjustment
The City should keep its impact fee program up to date by periodically adjusting the fees for inflation. Such adjustments should be completed regularly to ensure that new development will fully fund its share of needed facilities. We recommend that the fees be adjusted for inflation annually.

There are no inflation indices that are specific to the City of Twentynine Palms. We recommend that the Engineering News Record’s Construction Cost Index be used for adjusting fees for inflation.

While fee updates using inflation indices are appropriate for annual updates to ensure that fee revenues keep up with increases in the costs of infrastructure, the City will also need to conduct more extensive updates of the fee documentation and calculation when significant new data on growth forecasts and/or facility plans become available. Note that decreases in index value will result in decreases to fee amounts.

The steps necessary to update fees for inflation are explained below:

To update the transportation impact fee for inflation, the steps are as follows:

1. Identify the percent change in planned facilities cost since last update based on changes in the Engineering News Record’s Construction Cost Index (CCI).

2. Modify the cost each planned facility (the cost allocated to the transportation impact fee in Table 3) by the percent change identified in Step 1.

3. Divide the total cost of projects allocated to the fee calculated in Step 2, by the growth in trips identified in Table 2 to determine the updated cost per trip.

4. Multiply the cost per trip calculated in Step 3 by the trip demand factors identified in Table 1 to determine the fee for each land use.

Reporting Requirements
The City should comply with the annual and five-year reporting requirements of the Mitigation Fee Act found in Government Code Sections 66001 and 66006. For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non-fee revenues is essential. Identification of the timing of receipt of other revenues to fund the facilities is also important.

Programming Revenues and Projects with the CIP

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City of Twentynine Palms Transportation Impact Fee Study 16 The City can use a Capital Improvements Program (CIP) to plan for future infrastructure needs. A CIP identifies costs and phasing for specific capital projects. The use of the CIP in this manner documents a reasonable relationship between new development and the use of those revenues.

The City may decide to alter the scope of the planned projects or to substitute new projects if those new projects continue to represent an expansion of the City’s facilities needed to mitigate demand from new development. If the total cost of facilities varies from the total cost used as a basis for the fees, the City should consider revising the fees accordingly.

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17 5. Mitigation Fee Act Findings
Public facilities impact fees are one-time fees typically paid when a building permit is issued and imposed on development projects by local agencies responsible for regulating land use (cities and counties). To guide the widespread imposition of public facilities fees the State Legislature adopted the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. The Act, contained in California Government Code Sections 66000 through 66025, establishes requirements on local agencies for the imposition and administration of fee programs.

The Act requires local agencies to document five findings when adopting a fee.

The five statutory findings required for adoption of the maximum justified transportation impact fees documented in this report are presented in this chapter and supported in detail by the report that follows. All statutory references are to the Act.

Purpose of Fee
 Identify the purpose of the fee (§66001(a)(1) of the Act).

Development impact fees are designed to ensure that new development will not burden the existing service population with the cost of facilities required to accommodate growth. The City’s General Plan Goal LU-4 states, “Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.” The purpose of the fees documented in this report is to support this goal by providing a funding source from new development for to fund its fair share of transportation facilities as new development adds traffic to the City’s roadways.

Use of Fee Revenues
 Identify the use to which the fees will be put. If the use is financing facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in §65403 or §66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged (§66001(a)(2) of the Act).

Fees proposed in this report, if enacted by the City, would be used to fund expanded transportation facilities to serve new development. Facilities funded by these fees are designated to be located within the City.

Benefit Relationship
 Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

We expect that the City will restrict fee revenue to the acquisition of land, construction of facilities, and purchase of related equipment, and services used to serve new development. Facilities funded by the fees are expected to provide a Citywide network of facilities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and non-residential use classifications that will pay the fees.

Burden Relationship
 Determine the reasonable relationship between the need for the public facilities and

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City of Twentynine Palms Transportation Impact Fee Study 18 the types of development on which the fees are imposed (§66001(a)(4) of the Act).

Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For the transportation impact fee, demand is measured by a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. In this case, the fees are calculated to ensure that new development funds a consistent cost per trip of new facilities needed to serve each additional trip using the City’s roadways.

Proportionality
 Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (§66001(b) of the Act).

The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project’s size and the corresponding increase in the number of vehicle trips. Larger new development projects result in higher trip generation resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.

See the Trip Demand section in Chapter 2 for a description of how trip demand factors are determined for different types of land uses. See the Maximum Justified Fee Schedule section the same chapter for a presentation of the fees.

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: May 14 2024
SUBJECT: General Plan Status Report.

RECOMMENDATION:

The City Council receive and file.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Commission Discussion
Motion / Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2023-03-29 General Plan
Policies
• 29 Palms City 2023 GP APR
• 29 Palms ESJ Elem 2.8.23
• General Plan Report – Contact
List
• Engineering Projects 29 Palms
BACKGROUND:

Pursuant to Section 19.04.060 of the Development Code and State Government Code Section 65400, an annual report on the status of the General Plan is required. This annual report, once approved by the Planning Commission and the City Council, will ultimately be submitted to the State Office of Planning Research and the California Department of Housing and Community Development.

This report is meant to outline each element of the General Plan, when each element was adopted, the last time each was amended, and any anticipated upcoming amendments. Additionally, any new policies for implementation of the General Plan need to be identified.

The attachment to this report is a spreadsheet outlining the information as clearly as possible.

Page 91 of 344 ends

Also attached are the updated General Plan goals, including the goals from the adopted Equity and Social Justice Element, as well as list of Agencies that were contacted to obtain their upcoming projects and the City's current list of projects. The Agencies contacted indicated they did not have any upcoming projects.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The City Council could reject the General Plan Annual Report and request that Staff do further detailed analysis.

FISCAL IMPACT:

None.

Page 92 of 344 ends

CITY Of

Page 93 of 344 ends
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Page 162 of 344 ends

Element
Year of Last
Major Update Year Last Amended
Projected Major
Update Year Policies Adopted in 2023
Land Use 2012 2022 2028
Circulation 2012 2012 2028
Housing 2022 2022 2030
Conservation 2012 2012 2028
Open Space 2012 2012 2028
Noise 2012 2012 2028
Safety 2012 2022 2028
Air Quality 2012 2012 2028
Equity & Social Justice 2023 2023 2028 All E&SJ policies Top Planning Priority:

Affordable Housing

Page 163 of 344 ends

City of Twentynine Palms
Equity and Social Justice Element
ESJ- 1
City of Twentynine Palms
Equity and Social Justice Element
for the
City General Plan

PURPOSE
The purpose of the Equity and Social Justice Element is to understand, appreciate, and address racism, xenophobia and other forms of injustice and social inequity, and to identify policies and programs that preserve and enhance the strength and integrity of the social fabric of Twentynine Palms. For ourselves and our fellow citizens, we wish to preserve and protect the fair and equitable treatment of all people with respect to community engagement, access to housing,
healthcare, public and social services, and other important resources and amenities in a healthy and safe environment. It is the intent of the element to ensure that all people living, working and visiting in our community are able to live in a safe and healthy environment, and to minimize the effects of environmental hazards and prejudice, social injustice regardless of race, ethnicity, religion, or income level.

BACKGROUND
This element analyzes issues associated with environmental and social justice in Twentynine Palms and addresses long-term community equity by establishing policies and programs that increase participation in the public decision-making process, reduce exposure to environmental hazards, and enhance access to quality education, healthy food, healthcare, affordable and decent housing, and fitness and recreational resources. The Equity and Social Justice Element provides information and guidance to realize the goals of equity and environmental and social justice in the community. “Environmental Justice means the fair
treatment of people of all races,
cultures, and incomes with respect to
the development, adoption,
implementation, and enforcement of
environmental laws, regulation, and
policies.”
—California Gov. Code 65040.12

Page 164 of 344 ends

City of Twentynine Palms
Equity and Social Justice Element
ESJ- 2
Issues of equity and environmental and social justice can arise from geographic and procedural inequities. Geographic inequities occur when areas and specific populations with high percentages of low-income residents, minority
residents, and/or immigrant communities are exposed to
poor environmental hazards and related health problems.

Procedural inequities occur when the same communities
face obstacles to meaningful input during the decisionmaking process on matters that directly affect their neighborhoods. Geographic and procedural inequities can be caused by development patterns that concentrate undesirable or unhealthy land uses in proximity to low-income or minority neighborhoods, the placement of desirable public amenities outside of disadvantaged communities and limited or non-existent political influence among certain demographic groups.

The environmental justice movement took form in 1968 and gained momentum throughout the 1970s and 1980s. In 1992 the US EPA officially defined “environmental justice.” In 1994, with President Clinton’s Executive Order 12898 “Federal Actions to Address Environmental Justice in Minority Populations,” the movement received significant attention at the federal level.

Twentynine Palms City Council Resolution 21-21
On October 12, 2021 the City Council of Twentynine Palms passed Resolution No. 21-21 “denouncing xenophobia/racial injustice and strengthening commitment to racial equity/diversity and affirming xenophobia a public health crisis.” This Equity and Social Justice Element sets forth policies and programs to implement Resolution 21-21 and ensures that as the City continues to grow, it maintains an active barrier against potential threats of racism and xenophobia. All residents of the City should feel welcome and safe from the geographic and procedural inequities that many other cities have seen.

Environmental Justice in California
California’s concern for environmental justice dates from the 1991 establishment of the state Environmental Protection Agency. California Government Code Section 65040.12(e) defines environmental justice as “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies.” Since its beginning, the Environmental Justice Movement has broadened its focus beyond reducing the
disproportionate burdens of environmental pollution
experienced by certain communities to include social equity concerns such as the distribution of municipal services, access to affordable housing, parks and healthcare, and healthy food. It is now more broadly considered the
Environmental and Social Justice Movement. The California Environmental Protection Agency has established State
environmental justice policies and standards, and the
Governor’s Office of Planning and Research (OPR)
coordinates environmental justice programs statewide.
“Disadvantaged communities” means
an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health
and Safety Code or an area that is a
low-income area that is
disproportionately affected by
environmental pollution and other
hazards that can lead to negative health
effects, exposure, or environmental
degradation
“That the federal government should
pursue a comprehensive approach to
advancing equity for all, including
people of color and others who have
been historically underserved
marginalized, and adversely affected by
persistent poverty and inequality.”
—Executive Order 13985

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California Government Code Section 65302(h) requires that if a city identifies “disadvantaged communities” within its General Plan area, the city’s General Plan must include an Environmental Justice Element, or related goals, policies and objectives integrated into other Plan elements. A more comprehensive discussion of “disadvantaged communities” as defined by California EPA is found below in the section titled, “Measuring Environmental and Social Inequities.”

SCOPE AND CONTENT
It is important to note at the outset that the General Plan Advisory Committee (GPAC) and the public have generally indicated that Twentynine Palms is an equitable and just community and does not suffer the same levels of social and economic segregation and inequities that stem from historic race and xenophobia-based policies as seen in many other communities. As with most communities, there are still undercurrents of racial bias and the impetus for this Equity and Social Justice Element comes from a collective desire to openly discuss these undercurrents. The intent is to raise the level of community awareness and foster greater cultural competency so that everyone who belongs to a minority group feels included and safe in the City. As Twentynine Palms is a relatively younger jurisdiction, the community finds that now is the time to put this perspective at the forefront of planning decisions.

The City’s Equity and Social Justice Element (ESJ Element) is related to many other 2040 General Plan elements, particularly Land Use, Circulation and Mobility, Housing, Air Quality and Climate Stability, Public Services and Facilities, Parks and Recreation, Safety, and Healthy and Sustainable Community and almost every other mandated and optional General Plan element. Decisions made related to the types of land uses, location, density and intensity of land uses, transportation systems, and street designs all contribute to public health and environmental justice. Essentially every decision the City makes regarding the General Plan involves in some way environmental and social justice and equity.

Per the established guidelines of the California Governor’s Office of Planning and Research, the ESJ Element provides an evaluation of certain baseline environmental and population characteristics including pollution burden, health and wellness, education attainment, employment, physical activity, access to safe outdoor spaces, and food security. The ESJ Element then defines goals, policies and programs based on public input from residents and others who attended the workshops and meeting.

Goals, Policies and Programs
The ESJ Element contains several goal statements that range from the overarching to discrete topics addressed in the element. In the context of a General Plan, a “goal” is a general expression of community values and direction, expressed as an end state (not actions). Goals can reflect a desired community state (adequate housing), and environmental conditions (clean air), an economic state (full employment), or a social goal (low crime rates). A goal in the General Plan is the most general statement of community values expressed as a desirable end-state condition to be achieved now or in the future.

The heart of the ESJ Element is contained within its policy statements. Policies further refine the goal statements and provide a clear direction for decision-making. Policies frequently include “shall” statements to provide unequivocal directives. Decision-making criteria, major development standards and funding priorities are best established by clear General Plan policies. Solid policy is based on a solid foundation of information. The analysis of data collected during the planning process for this element has provided the City with valuable knowledge about trends, existing conditions, and projections that policy is designed to address.

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PUBLIC PARTICIPATION
Historically, members of minority
communities, those of lower economic
means and those otherwise disadvantaged in
the community have not had meaningful
voices in decisions that affect their
communities or environments. Many feel
disenfranchised and may not participate in
local decision-making processes, such as
elections, community workshops, or serve as
public officials. The causes of this relative
isolation of some groups from civic processes
may also be caused by a combination of
cultural and/or language barriers, lack of
information, inadequate understanding of civics and civil processes, lack of exposure to the decisionmaking process, and lack of outreach efforts on the part of community organizers.

A crucial component of developing and maintaining the Equity and Social Justice Element is public awareness and engagement via involvement in community governance and planning activities such as workshops, public study sessions and hearings. In these venues, all community members have been encouraged to participate. In addition, groups of stakeholders representing a range of public interests are encouraged to provide ongoing input.

Community Outreach
As a part of the development of this element, the City Council established GPAC comprised of five Twentynine Palms residents from a variety of backgrounds and experiences. The GPAC met as a group and also participated in community workshops held during development of this element. The GPAC discussed equity and social justice issues that are manifestations of racism, xenophobia, gender bias and other forms of prejudice. They also reviewed a variety of data, information, and considered a wide range of community input. Finally, the GPAC reviewed the Draft Equity and Social Justice Element prior to its review by the Planning Commission and City Council.

Community Workshops and Summary of Input
Community workshops on the Equity and Social Justice Element were held in the fall of 2022 and were well-attended by a broad cross-section of the community. Six topical stations were set up addressing equity and social justice in transportation, public services, healthcare, housing, food and nutrition, and education. Handouts were also provided on each topic and each station was staffed by either a planner or a GPAC member who facilitated discussion and recorded input. Attendees included residents, business owners, professionals and service providers who described their hopes, concerns and vision for the community. During many one-on-one and group sessions, comments were recorded on comment cards and large pads of paper. All comments were photographed and documented (see ESJ Element Appendix A: Summary of Public Outreach).

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Following the community workshops, an additional public meeting was held in January 2023 to provide an additional opportunity for members of the community to provide personal testimony regarding issues of equity and social justice. Members spoke about personal experiences and gave suggestions on achieving and preserving an equitable and just community. Comments, concerns and recommendations were recorded on video and written documentation. The major themes raised included:
• Better communicating experiences and perspectives with one another and to protect the community from making the same mistakes as many larger and older cities have made; • Protect everyone and clearly communicate that racism and xenophobia are not tolerated in Twentynine Palms;
• Prevent biased law enforcement;
• Need to address discriminatory behavior in local schools; • Need for minority representation in the school district faculty; • Need to organize non-athletic activities for young people; • Need for mentorship and job training for young people; • Lack of childcare options;
• Lack of affordable housing;
• Unfair housing practices;
• Need to protect neighborhoods from high influx of short-term rental business; • Need for inclusive public art and murals; urgency to maintain the surrounding natural environment; concerns over the increase of trash, noise and light pollution; • Need for full-service grocery stores; inability to travel the distance to neighboring cities for services and amenities.

All input received from the community workshops and the public meeting are included in Appendix A of this element.

MEASURING SOCIAL AND ENVIRONMENTAL INEQUITIES
A wide range of metrics are used to measure how well a community is performing in addressing equity and social justice issues. To ensure that all residents of Twentynine Palms receive fair and equitable treatment with regard to the provision of safe housing, clean air and water, and access to public services and amenities, community decision-making processes, and environmental health, it is necessary to identify environmental, economic and social factors that place community members at a higher level of vulnerability. The methods of identifying these factors are described here.

CalEnviroScreen 4.0
CalEnviroScreen 4.0 is a science-based tool created by CalEPA and the Office of Environmental Health Hazard Assessment (OEHHA) to identify communities in California that are disproportionately affected by sources of pollution, and that are often especially vulnerable to pollution’s effects. It is a tool that can serve to provide context for the assessment of issues of equity and social justice.

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The tool measures 21 factors or
indicators to gauge the “Pollution
Burden” and the “Population
Characteristics” for each state census
tract. Pollution Burden and Population
Characteristics are assigned percentile
scores according to how each census
tract ranks among all the state census tracts.
1 Higher percentile scores indicate higher levels of
vulnerability. Census tracts with scores of 75% or higher (meaning 75th percentile among all state census tracts) are among the highest burdened census tracts and are designated as “disadvantaged communities” by CalEPA.
“Disadvantaged Communities”
SB 1000 defines “disadvantaged communities” as areas identified by the California Environmental Protection Agency (CalEPA) pursuant to Gov. Code Section 39711 of the Health and Safety Code, or “lowincome areas”. It includes those disproportionately affected by environmental pollution and other hazards, which can lead to negative health effects, exposure, or environmental degradation. SB 1000 further defines “low-income areas” as those with household incomes at or below 80 percent of the statewide median income, or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Gov. Code Section 50093.

The CalEnviroScreen 4.0 (October 2021) shows that there are no “disadvantaged communities” within the City of Twentynine Palms city limits. The City’s census tracts have total CalEnviroScreen scores ranging between 10% and 50% which is better than 50 to 90 percent of the state’s census tracks; the highest scoring tract (40-50%) is located in the eastern portion of the City. The city limits and the surrounding sphere scored low enough (better) among a number of the data factors to warrant an overall lower (better) percentile score. However, several individual indicators within these aggregated data received higher (worse) scores and highlight specific environmental and socioeconomic vulnerabilities. These factors of concern are discussed below in greater detail.

POPULATION VULNERABILITY INDICATORS
For an in-depth analysis of socioeconomic factors unique to Twentynine Palms, see the City’s General Plan Housing
Element, Appendix A, Assessment of Fair Housing. The
factors listed below are discussed at length in the
assessment.
1 CalEnviroScreen 4.0 Report (2021), 12-15.

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Population, Race and Ethnicity
As of the 2020 US Decennial Census, the
city’s population is approximately 28,065.

The population of Twentynine Palms
increased approximately 12% between
2010 and 2020.2 The population consists
of 56.5% males and 43.5% females, and
the median age is 24.2 years.

A slim majority of Twentynine Palms
residents are White (52%), with Hispanic
or Latino residents comprising 24.5% of
the population, and Black or African
Americans comprising 10.1%. Native
American residents make up 0.9%, Asians

2.8%, and Native Hawaiians and other
Pacific Islanders 2.1%.3
Population Indicators
CalEnviroScreen identifies vulnerable populations by measuring eight indictors which are divided into two categories: Sensitive Population Indicators and Socioeconomic Indicators. Four of the six Socioeconomic Indicators are discussed here: poverty, educational attainment, unemployment and housing burden. Sensitive populations include people who have certain health conditions such as heart disease, asthma, and those who have genetically compromised immune systems. One of Sensitive Population Indicators is discussed here, cardiovascular statistics, because the City’s percentile score ranks very high (worse) than the state average.

Table 1: Twentynine Palms Socioeconomic Indicator Scores Census
Tracts
Poverty Education
Attainment
Unemployment Housing
Burden
Cardiovascular
104.21 93.67 35.88 96.81 71.89 99.70
104.22 80.95 47.77 82.32 Insufficient
data

99.70 104.02 83.04 11.35 82.33 14.69 99.29
104.15 53.48 54.85 Insufficient data 63.97 99.70
104.16 81.91 49.19 79.73 25.32 99.48
104.09 79.82 50.73 76.05 4.03 99.53
2 U.S. Census Bureau, “2020 Decennial Census, Race and Ethnicity, Twentynine Palms, CA,” Quick Facts, accessed February 2, 2023, https://data.census.gov/profile?g=1600000US0680994. 3 U.S. Census Bureau, “2020 Decennial Census, Race and Ethnicity, Twentynine Palms, CA,” Quick Facts, accessed February 2, 2023, https://data.census.gov/profile?g=1600000US0680994.

Figure 1: US Census Bureau, "2020 Decennial Census, Race and Ethnicity."

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Figure 2: Twentynine Palms Census Tracks
Poverty is an important component to this Equity and Social Justice Element for two reasons. First, higher rates of poverty lead to higher rates of stress and compromised physical health. Second, the economically disadvantaged are less able to afford necessities such as transportation, adequate housing, nutritious food, childcare, medical care, and access to safe outdoor recreation areas. The six census tracts in Twentynine Palms rank relatively high among the state’s census tracks in terms of percent of the population living within the poverty level.

According to the U.S. Census Bureau, a household is considered to be living in poverty if the total income of household members is less than the poverty level before taxes. Due to higher costs of living in California, the poverty threshold is twice the federal poverty level. For example, the federal poverty level for a family of four is $27,750. In California, the poverty level for that same family is $55,500. Families with incomes ranging from the poverty level to 200 percent above the poverty are considered “low income.” Families living under the poverty line or just above the poverty line (“low income”) face similar circumstances of struggling to meet basic needs.

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Median Household Income and Poverty Rate
The median household income (MHI) for
Twentynine Palms is approximately 33% lower
than the county MHI and is below the federal
poverty level which is $55,500 for a family of
four. Furthermore, according to the Housing
and Community Development Department, the
MHI for Twentynine Palms is below the “low
income” level for a family of one. The poverty
rate for Twentynine Palms, 19.9%, is higher
than that of the county and state.4 This is due
to a combination of factors that include lower
costs of living, lower education attainment
level, and fewer higher paying job
opportunities.

Education attainment refers to the highest level of education a person has received. Higher education attainment correlates with higher paying careers and a degree of economic protection during periods of recession. For a municipality, this can lead to greater economic gains, higher tax revenue, and fewer requests for social services.

The table below compares high school and bachelor’s degree attainment from the national level to the local level.5 Twentynine Palms ranks higher (better) than the county and the state for percent of population earning a high school degree or higher, and just above the county for a bachelor’s degree or higher. The City ranks below the state level for bachelor’s degree or higher. A lower number of college graduates may correlate with fewer people earning higher wages.

Table 2: Education Attainment Level Comparison
% of Population 25 years+ with a: High School degree or higher Bachelor’s degree or higher United States 88.9% 33.7%
California 84.2% 35.3%
San Bernardino County 81.1% 21.9%
Twentynine Palms 91.6% 23.9%
4 US Census Bureau, “American Community Survey 2017-2021,” Quick Facts, accessed February 2, 2023, https://www.census.gov/quickfacts/fact/table/twentyninepalmscitycalifornia,sanbernardinocountycalifornia,CA,US/EDU68 5221#EDU685220. 5 US Census Bureau, “American Community Survey 2017-2021,” Quick Facts, accessed February 2, 2023, https://www.census.gov/quickfacts/fact/table/twentyninepalmscitycalifornia,sanbernardinocountycalifornia,CA,US/EDU68 5221#EDU685220.

Figure 3: Census Bureau, "ACS 2017-2021."

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Housing Burden is a measure of housing affordability which includes household income and housing costs. Housing costs include utilities, monthly rent or mortgage, interest, property taxes, insurance, and fees. A household is “cost-burdened” if the total amount of housing costs exceeds 30% of the household income, and those households where the housing costs exceed 50% of the household income are considered to be “severely cost-burdened.” For a complete report on Twentynine Palms Housing Burden, see the Appendix A “Assessment of Fair Housing” of the General Plan Housing Element 2021-2029.

The unemployment rate is an estimate of the percentage of people in the labor market who are not working but are available to work and have searched for employment over the previous four weeks. The table below compares 2021 and 2022 unemployment rates for nearby cities in San Bernardino County as well as the state. The unemployment rate for the City of Twentynine Palms ranks lower than other cities in the region and just above the county.

Figure 4: “Labor Force and Unemployment Rate for Cities and Designated Places.” Employment Development Department, State of California.

Employment and Geographic Isolation
While “isolation” may be a strong term, the City is located in a part of the county that is largely removed from the major urban metropolitan areas where the greatest level of economic activity, employment and wages are realized. The City is exploring various opportunities to bring more and better paying jobs to the community and is expected to improve the City’s employment standing in coming years.

Cardiovascular health data are obtained via statistics from emergency department visits and deaths related to cardiovascular events such as heart attacks. Cardiovascular disease points to other underlying health issues such as diet and access to healthy food, level of physical activity, smoking, and exposure to air pollution. All six census tracts in Twentynine Palms carry a percentile score of over 99%, which is extremely high (worse) for this health factor.

5.80%

7.40% 7.80%

10.90% 11.10%

9.20%

10.90%

8.40%

4.60%

3.80% 4.10%

5.70% 5.80%

4.80%

5.80%

4.70%

CALIFORNIA SAN

BERNARDINO
COUNTY

TWENTYNINE
PALMS

JOSHUA TREE YUCCA VALLEY MORONGO
VALLEY

VICTORVILLE APPLE VALLEY
Area Unemployment Rates for 2021 and 2022
AVERAGE RATE FOR 2021 APRIL 2022

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POLLUTION BURDEN INDICATORS
The CalEnviroScreen 4.0 Pollution Burden percentile score includes thirteen factors. Eight are categorized as Exposure Indicators and five are categorized as Environmental Effect Indicators. Exposure Indicators are pollutants that may come into contact with residents and expose residents to risks such as: ozone concentration in the air; PM 2.5 concentration in the air; suspended diesel particulate matter; drinking water contaminants; children’s exposure to lead paint in the home; toxic releasesfrom facilities; high-hazard agricultural pesticides. Environmental Effect Indicators are defined as “adverse environmental conditions caused by pollutants,” which include the following: toxic cleanup sites; solid waste sites and facilities; hazardous waste facilities and generators; impaired surface water bodies; and groundwater threats from leaking underground storage sites and cleanups.

The six census tracts comprising Twentynine Palms carry relatively low percentile scores for all but six of the Pollution Burden Indicators: ozone air pollution exposure, lead paint exposure, solid waste pollution, clean-ups, groundwater threats. The following table shows the CalEnviroScreen census tract pollution burden percentile scores for only those indicators that earned higher than average scores. A score of zero means that no threat was found in that tract. Indicators are further described below. Also see the City General Plan Air Quality Element.

Table 3: City Pollution Burden Scores
Census Tracts Ozone Lead Cleanups Solid Waste Groundwater Threats 104.21 84.58 67.37 0 0 92.48
104.22 91.05 56.48 0 0 32.38
104.02 77.09 41.13 0 70.42 77.93
104.15 91.05 34.48 0 0 0
104.16 88.82 64.987 79.69 0 0
104.09 64.93 67.31 97.52 94.11 22.13
Ozone is the most prevalent form of pollution in Twentynine Palms; San Bernardino County has higher levels of ozone than surrounding counties. Ozone forms in the atmosphere as a secondary pollutant when nitrogen oxides and volatile organic compounds react to ultraviolet light. Due to the increasing presence of the logistics industry and increased traffic on freeway systems, the county is highly susceptible to higher-than-average air pollution. Prevailing air currents tend to push pollutants eastward.

Ozone concentration in California ranges from 0.03 – 0.07 ppm. On average, the City’s ozone concentration is higher than 83% of all of the state’s census tracts. The ozone indicator is based on the summer months’ mean of the daily maximum 8-hour ozone concentration (ppm). This measurement is used to represent short-term ozone health impacts.

Lead is a toxic metal that occurs naturally in the environment. However, the highest levels of lead present in the environment are a result of human activities. Historically, lead has been used in house paint, plumbing, and as a gasoline additive. While lead levels have declined over the past five decades in the United States, it persists in older housing. Housing built prior to 1978 is more likely to have lead-based paint. The federal government banned the use of leaded pipe and solder in new plumbing systems in

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1986, but many remaining pipe networks in older cities and homes predate the policy. In Twentynine Palms approximately 60.8% of the housing units were constructed before 1989.6 There are no known safe levels of lead exposure. Young children are especially susceptible to the effects of lead exposure and can suffer adverse health effects, particularly in the brain and nervous system. This increased susceptibility is due to children’s unique exposure pathways, developing brains, and differences in the absorption of ingested lead. Children’s exposure to lead even at low levels can lead to a higher likelihood of lower IQ and educational performance ss, and symptoms of attention deficit hyperactivity disorder (ADHD).

Cleanup sites are places that are contaminated with hazardous materials and require clean up by the property owners or government. The four cleanup sites found in two census tracks are formerly used defense sites which are now inactive. The Condor Field #3 northwest of the city requires action as of 2018 due to the presence of rocket fragments. These sites do not pose a threat to the surrounding human population at this time.7
Solid waste facilities are places where household garbage and similar kinds of waste are collected, processed, or stored. These include landfills and composting or recycling facilities. The five solid waste sites noted on CalEnviroScreen have been
deemed to either be closed, or, in the case
of the Twentynine Palms Transfer Station, to
be fully permitted and in compliance. One
additional site located on the Marine base is
managed by the Department of Defense.

Groundwater can be contaminated by leaks
from storage tanks either above or
underground that hold hazardous chemicals.

Twentynine Palms has a total of 67
groundwater cleanup sites both on the
Marine base (census tract 104.02) and in the
city limits (census tracks 104.21 and 22). All
cleanup sites have been remediated and
closed.8

CATEGORIES OF EQUITY AND SOCIAL

JUSTICE
The California Governor’s Office of Planning and Research (OPR) and CalEPA have identified several community planning categories that are essential to address in the pursuit of equity and social justice. 6 SCAG, “Local Housing Data for the City of Twentynine Palms,” April 2021. 7 Department of Toxic Substances Control, “EnviroStor,” Access February 3, 2023, https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=80001082 8 State Water Resources Control Board, “Geotracker,” Accessed February 3, 2023, https://geotracker.waterboards.ca.gov/map/?global_id=T10000004916#.

Figure 5: Department of Toxic Substances Control, EnviroStor web map.

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In no particular order, these include housing, food and nutrition, healthcare and availability, and public services and representation. Each of these categories and their importance to Twentynine Palms are described below. Also essential is access to recreational and open space amenities that help to further good health.

HOUSING
Housing Accessibility and Affordability
The following provides a profile of housing stock, rental vs. ownership housing, barriers to affordable housing, methods of increasing housing stock and affordability.

Review of the CalEnviroScreen 4.0 data for the City planning area indicates there are no “disadvantaged communities” located within the City or its sphere. Nonetheless, this element (and the Housing Element) include policies and programs intended to promote safe and sanitary housing, and to improve housing accessibility and affordability. Housing equity and sustainability are closely tied to location and access to non-residential services, including schools, childcare, healthcare, and shopping. Minimum standards of quality are also essential aspects of housing equity, as is affordability. Governmental and non-profit efforts serve to bridge the tension between quality and affordability.

The City can also take actions to preserve existing quality housing stock in addition to pursuing or participating in programs to create additional affordable housing. Enforcing land use and building code, seeking input from community groups, facilitating training for local jobs in green and sustainable construction and home retrofits, and participating in programs to assist with maintenance are examples of mechanisms to ensure quality housing stock.

Other steps the City can take to improve housing affordability include encouraging housing production and facilitating funding for affordable housing. The City actively works to streamline housing planning, permitting, and construction processes. Other effort the City supports are protecting renters from displacement and preserving existing affordable housing.

In 2022, the City adopted an updated Housing Element to the General Plan that is intended to address the housing needs of the community over the next eight years.

Housing Equity: Public Input
In general, workshop participants did not see racial discrimination as a major contributor to housing inequities in the City. They also acknowledged that the State of California has already made discrimination of any form illegal in the housing sector (fair housing laws, etc.). Most comments were centered around economic hardships. Housing prices and the cost of living continue to rise making it difficult for lower income households to secure affordable, stable housing in general. Hardships are exacerbated by the lack of employment opportunities and good wages, familial status and presence of family members to offer extra support in the home (single parent households have additional responsibilities). Some comments centered around the need for greater financial literacy in order to navigate the affordable housing landscape, financial aid opportunities, home ownership options, and improving one’s credit score. The rise of short-term vacation rentals were also identified as a trend that both benefits neighborhoods containing abandoned homes, but also adversely affects neighborhood cohesion and housing affordability.

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FOOD AND NUTRITION
Community input indicates that the City is
in need of a greater diversity of grocery
stores and other food outlets that can
better provide a variety of quality,
affordable and accessible sources of
healthy food. Consistent with community
concerns, it is found that those living in
rural areas, low-income neighborhoods,
and communities of color are more likely
to have limited access to healthy and
affordable foods.9 This is especially
important for the City population where cardiovascular health is rated poorly across all planning area census tracts (see Table 1, above). Other adverse health conditions associated with inadequate or unhealthful diet include obesity, high blood pressure, high cholesterol, heart disease, diabetes, and cancer.

There are a variety of approaches to improving access to healthy foods including thoughtful zoning, streamlining approval of grocery stores and related uses, policies that increase access to farmers’ markets, and promoting community gardens and small-scale urban farms. Communities can also work with local convenience and full-service stores to increase affordable fresh produce selection, and establishing food procurement policies. Residents suggested that the City’s website offer general information about local food assistance programs and food pantries. Several comments also suggested that the City provide space for food preparation and cooking classes.

Obstacles to an expansion of fresh food outlets include the City’s remote location, its relative isolation from other markets, and the limited market to attract competition and variety. Improving access to locally grown food can also help reduce trip generation and miles traveled, promote locally sourced food, and support mixed use for food retail, farmers markets, and other food stores.

HEALTHCARE SERVICES
The health of the community is dependent on many factors, including the food we eat, the water we drink and the air we breath. Our health is also affected by our opportunities for and access to open space, recreation, exercise and socializing. For instance, planning area data show that the community suffers from a high percentage of those with cardiovascular disease. Health disparities include differences in physical health and mental health status among distinct segments of the population, including differences that occur by gender, age, race or ethnicity, sexual orientation, gender identity, education or income, disability or functional impairment, or geographic location, or the combination of any of these factors. (California Health and Safety Code 131019.5)
9 Office of Disease Prevention and Health Promotion. (2020). Access to Foods that Support Healthy Eating Patterns.

Retrieved from https://www.healthypeople.gov/2020/topics-objectives/topic/social-determinantshealth/interventions-resources/access-to-foods.

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Healthcare Equity: Public Input
Public comments pertaining to healthcare centered on a general lack of information about local medical facilities and the type of help that is available to patients at these local facilities. Other comments concerned the fact that the only hospital in the region, Hi-Desert Medical Center, is up to twenty-five minutes away in Yucca Valley. The need for mental health outreach and services was also voiced.

Hi-Desert Medical Center (HDMC)
Local and area providers of mental health counseling and other services include Hi-Desert Medical Center, a 59-bed acute care located 12.5± miles west of the center of the City in Joshua Tree. HDMC is a part of the Desert Care Network, which includes Desert Regional Medical Center in Palm Springs and JFK Memorial Hospital in Indio. HDMC provides a wide range of inpatient and outpatient diagnostic, treatment and rehabilitation services, home health and hospice services, and a variety of community outreach programs. HDMC also has extensive online resources on healthy living, including exercise and diet, cardio-vascular health, emotional and behavior health, and others.

Morongo Basin Healthcare District/Morongo Basin Community Health (MBCH) With service facilities in Twentynine Palms and Yucca Valley, MBCH is a service of the Morongo Basin Healthcare District, a public healthcare district formed under Government Code Sections 32000-32492.

MBCH staffs and operates clinics at the Morongo Basin Community Health Center and provides an array of health services, including primary care, pediatric care, specialty care, dental, and emotional/behavioral health care. MBCH centers also accepts Medi-Cal/IEHP, Tricare and most private insurances. A sliding fee-scale is available to those with fixed or no income so that anyone may be seen for a nominal cost. Clinics also provide assistance in completing applications for medical insurance benefits. Of particular interest to City residents is the availability of prenatal and pediatric care, two areas of focus at MBHC clinics. They also offer a free LIFT Transportation program that can pick clients up from their home and take them to our program, free-of-charge. (Web site:
https://www.mbhdistrict.org/CHCoverview.php)

EDUCATION, EQUITY AND JUSTICE
Morongo Unified School District (MUSD)
The City and Sphere are located within the Morongo Unified School District, which encompasses the Morongo Basin. MUSD has eleven elementary schools, two middle schools, two comprehensive high schools, one continuation high school, two state preschool programs, and a special education preschool program. With a diverse student body, the District provides a wide array of programs, including special education, English Language Learners Program, athletics, advanced placement, GATE, and many others. MUSD facilities in the City include an elementary, middle and high school.

The MUSD Dashboard provides a variety of data on District schools and student performance for the City’s elementary, junior (middle) and high school. In 2019, District-wide, 71.2 percent of MUSD students were characterized as being “socioeconomically disadvantaged”, while 69.4 percent of Twentynine

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Palms High School students were so characterized.
10 The dashboard measures rates of absenteeism and
suspension, language and math competency, and a variety of teacher/staff performance standards.

District-wide, chronic absenteeism was 14.3 percent (a 3% decline over previous year) and graduation rates were 81.2 percent.

Under the analysis category of
“behavior” the District reviews
rates of chronic absenteeism and
suspensions. In 2021, the District
recognized that “The district's
high suspension/expulsion rate
and chronic absenteeism rate are
barriers to students accessing the
broad course of study as students
must be in class to participate fully
in their own education.” AfricanAmerican students had the highest suspension rate (14.6%) in 2019. For years 2017,2018/2019, the average suspension rate for all students was 9.23 percent. In response to these challenges, the District has implemented a multi-year system that addresses behaviors, attendance, and academics.

The MUSD has established a restorative justice youth court to avoid or minimize expulsions and improve access to a broad course of study. Performance goals and metrics are assigned to each school so that English language arts (ELA) and math achievement, as well as attendance and suspension goals, are addressed monthly at the staff meetings and professional developments. The District’s Saturday School program provides enhanced academics for students with excessive absences. This District also has expanded alternative education options that allow students to access the broad course of study through flexible programs, both independently and remotely, as well as in-person or using a hybrid method.

Beyond the District’s own recognition of the suspension and related problems, and the District’s programs and activities it is pursuing, comments and concerns have been raised by members of the public attending public workshops and GPAC meetings on issues of equity and social justice in the District. The disproportionate number of African-American students who are suspended has been attributed to a lack of diversity in the teaching and counseling pool at the District. The District and its students will benefit from a conscious effort to recruit, employ and retain more teachers, counselors and administrators of color who can inspire students of color and advocate for their success.

While student performance metrics change from year to year, the data and information collected by the District and the state clearly indicate the need to address inequities in instruction and student behavior.

Household income is linked to academic achievement. Schools tend to focus on raising test scores and attendance rates as public funding is aligned with these metrics. Cities often focus on increasing economic opportunities in the hopes of increasing property values and tax bases. Both are necessary 10 California School Dashboard web site, accessed 12.29.22. https://www.caschooldashboard.org/reports/36677770000000/2018

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foci. However, there is a need to target poverty specifically and to help lower income families with school-aged children access resources such as childcare, tutoring, after school programs and enrichment activities, special education, technology, and job training.

Cooper Mountain College (CMC)
Cooper Mountain College (CMC) is a California Community College operated by the Copper Mountain Community
College District and located 10 miles west of the City. CMC is fully accredited by the Accrediting Commission for
Community and Junior Colleges of the Western Association of Schools and Colleges. Many of the CMC courses are
transferable to the California State University and at the University of California system. In addition to the main campus east of Joshua Tree, CMC also operates a satellite campus at the Marine Corps Air Ground Combat Center with classes open to both military personnel and civilians. In 2022, The college currently serves approximately 6,000 enrolled students annually with 30 full-time faculty and 100 adjunct faculty. CMC also offers more than a dozen scholarship
programs that can be found on its website (see below).

The CMC Military Base Office located on base provides services to active-duty military students, military dependent family members, and civilians. Services include academic advising, application processing, course registration, counseling, Tuition Assistance program processing and library book check-outs from the CMC Greenleaf Library. CMC offers a multitude of foundational and transferable classes at the Base.

Textbooks for these courses are on reserve in the Base Library. Civilian students may also attend CMC classes offered on base with official verification of enrollment in the course. A basic skills program in mathematics, reading, and writing is also taught at the CMC Marine campus.

In addition to substantial curricula in science, humanities and the liberal arts, CMC also offers the following programs:

OCCUPATIONAL/VOCATIONAL EDUCATION: The college offers technical training and education in fields justified by student demand and enrollment. The college’s aim is vocational competence for students and an appreciation of citizenship responsibilities. Students may work toward: (a) earning a certificate and/or (b) an associate degree. Refresher courses are also offered, as well as courses in which new and/or upgraded skills are required to take advantage of employment opportunities. Some of the courses completed will transfer to four-year institutions.

ADULT EDUCATION: Many adults are choosing to return to college to acquire new and upgrade old skills and knowledge sets. The program focuses on improved skills and knowledge in reading, writing, math, English as a Second Language, High School Completion, and preparation for the General Education Development (GED) Test. In this regard, students can take college courses at CMC to fulfill high school credit requirements.
“Copper Mountain College commits to
closing the achievement and
opportunity gaps that exist in the
education system by intentionally
focusing on disproportionately
impacted and historically marginalized
student groups. The college further
commits to breaking down existing
systemic barriers, fostering equal
opportunity, and providing access to
quality higher education for all
students.”
CMC Equity Statement

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TUTORING & ACADEMIC SUPPORT CENTER (TASC): CMC’s Tutoring & Academic Support Center offers tutoring, both in-person and online, in many subjects for all enrolled students. Staffed by both student and faculty tutors, TASC provides one-on-one, drop-in assistance with homework, lessons, concepts, major assignments, and study skills. The tutoring services are completely free, and no appointment is needed. TASC is located across the parking lot directly south of the Bell Center. Student must enroll in ASC 100 Supervised Tutoring in order to access TASC's services. Updated schedules and subjects can be found at https://www.cmccd.edu/current-students/tutoring/ or by calling (760) 366-3791 ext. 0513 or email [email protected].

Education Equity: Community Input
Overall, the concerns expressed by members of the community centered on a lack of funding and resources for activities, arts and cultural programs, and after school programs for all ages from preschool through college. Residents said they need more educational and cultural options kids and young adults, and expressed concerns that there are very few extra-curricular activities and advance placement (AP) courses offered at school and that students may not be ready for college. Residents also commented that teens and young adults need additional support in the forms of after school activities, arts and cultural programs, career counseling, and financial literacy. Some participants stated that there are not enough childcare and early childhood education options, and that this prevents parents from pursuing work and higher education. This also delays the educational growth of children. Importantly, residents commented that the schools need to work harder to attract more African-American (and other persons of color) as teachers and administrators. This would positively affect minority students and foster a more diverse culture for everyone.

PUBLIC SERVICES AND EQUAL REPRESENTATION
Governmental representatives and service providers should look like the various members of their community. This does not mean that racial, ethnic or socioeconomic groups should be strictly numerically represented but that in general they should reflect the makeup of the community. Gender balance is also important, including recognizing and involving members of the LGBTQ community. The City has been well represented by its diverse population; however, there are many opportunities to involve more women and persons of color in the governance of the City.

Public Services: Community Input
Participants at workshops stated that the City needs more local, community-based law enforcement rather than the county sheriff who is perceived as not as accountable and not as responsive or compassionate. Comments also encouraged development of local law enforcement that would be more dynamic in providing a greater diversity of officers, and officers trained in a wider variety of community policing strategies to de-escalate situations. Having an unarmed crisis intervention team was also suggested.

Public safety and law enforcement are rapidly evolving to establish and implement new approaches to law enforcement and intervention. These include Support Team Assisted Response (STAR) programs that send a health clinician and paramedic to respond to certain 911 calls about non-emergency and nonviolent behavior calls. Police officers and 911 operators are redirecting calls for minor and nondangerous complaints to STAR teams. Recent research on implementation of STAR programs indicates a drop in reports of minor offenses by one-third in cities with STAR programs.

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Other recurring comments centered on the City Council. Attendees felt that Councilmembers should be more accessible and communicative. Recommendations include dissemination of more information more frequently about events and meetings. Also, it was suggested that the City Council could demonstrate greater support for minority communities by attending events sponsored by minority groups and organizations in addition to attending the City-sponsored events. Moreover, strong support was voiced for making the community’s downtown building murals more representative of the City’s population by including people of color and art by and for minority residents. Public input also called for more community programs supporting youth, the arts and culture. It was also suggested that the City consider holding public meetings after work hours rather than during the work day.

Public Service: Next Steps
By continuing to diversify the positions held by elected and appointed officials, and positions at City Hall and elsewhere in the community, the City inspires and affirms principles of fair and equitable treatment by our local government. Formal opportunities to expand the diversity, equity and inclusiveness of local government and Services can be assured by institutionalizing equity and social justice. This can be accomplished, in part, through the establishment of a Council-appointed Equity and Social Justice Advisory Committee.

TRANSPORTATION
In part, local transportation constraints are caused by the dispersed urban pattern in the Morongo Basin and the
substantial distances between urban areas. Decades of
land use planning have resulted in a pattern
characterized by and highly dependent on the
automobile as the only viable transportation option. This has resulted in high environmental, economic, health,
and social costs. Within the community, land use compatibility should take into account the value of mixed-use development, higher residential densities and more efficient use of municipal infrastructure.

As with other challenges to urban land use, diversity
is an important principle that can address a wide
range of issues, including proximity of homes to
schools and shopping, ability to walk or bike to a
destination, including to schools and parks,
convenience shopping, and for health and
recreation. The General Plan Circulation Element
includes goals and policies that promote
coordination with the Morongo Basin Transit
Authority (MBTA) on the expansion of transit service
within and between basin communities. It also
promotes ride-sharing and park and ride facilities.

Bus stop designs that are climate-appropriate are
also promoted in the Circulation Element. Efficient
and accessible transit is essential in the City’s broadly distributed land uses and seasonally hot climate.

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Active Transportation Options
Active transportation refers to non-motorized means
of getting about, including walking and bicycling.

Important considerations include walkability, access,
convenience, connections and facilities that easily
accommodate a wide variety of trips. Non-motorized
transportation routes, including trails and Class I
through II bike paths, also serve as a recreational
amenity that encourages exercise and exploring the
community. Beyond their practical use for people to
get around, trails and bike paths also provide greater
function and more efficient use of the City’s street
system, accommodating a wider range of users instead of just motorized vehicles. This multi-modal transportation system also enhances equity and social justice by lower another barrier to full participation in the life and business of the City.

Transportation: Community Input
Numerous community members cited the link between transportation options and economic opportunity. Transportation is viewed as the biggest challenge for low-income residents and families living in rural parts of the community. The transportation network mostly works for car-owners but becomes extremely challenging for anyone that doesn’t own a car or for families that have only one vehicle. Transportation challenges are compounded by the spread out, isolated geography of the City.

Local employment opportunities are currently limited and the City either needs to support more local jobs, or residents need more options to commute to other larger employment centers (Coachella Valley).

Hours of service for some bus routes were also cited as too limited to make transit to work feasible.

Service is not available early enough in the morning or late enough at night.

COMMUNITY SUPPORT AND COHESION
What can cities do to enhance and facilitate community cohesion? Cities can invest in reaching out to the community regardless of the potential revenue stream, or lack thereof.

Ideas from the workshop that arose:
• City staff can help promote community events that are not necessarily sponsored by the city itself.
• City staff and council can attend community events are not sponsored by the city. • Public service employees can attend events, stop by and say hello, as a way to reach out and promote a friendlier or more approachable “vibe.”
• The city can offer venues for workshops, community gardens, school programs, etc. • Financial literacy workshops
• Navigating the housing market workshops
• Juneteenth celebration in the park
• Display art by local tribes
“I thought about it while riding my
bike.”
Albert Einstein on the
Theory of Relativity

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FUTURE DIRECTIONS
The primary purpose of the Equity and Social Justice Element is to address systemic racism, xenophobia and other forms of discrimination and injustice and eliminate and preclude the harm certain groups of people face related to access to affordable housing, food and healthcare, as well as educational and employment opportunities. Traditionally, this element also addresses the burdens of natural resource extraction, pollution, the siting of waste, transportation, workplace hazards, expropriation of land, etc.

In addition, it is imperative to prevent future inequities by promoting the development and enforcement of appropriate laws and policies.

The Goals, Polices, and Programs below set forth guidelines for key areas of equity and social justice and aid the City in addressing related issues. Although these policies and programs will help the City meet certain goals, effective environmental justice cannot be achieved by simply adopting a series of generalized policies and goals. The approach required is an ongoing commitment to identifying existing and potential issues, and then finding and enacting solutions to further lessen injustices to vulnerable communities. The City shall strive to achieve fairness and equity in all aspects of physical development and civic engagement.

GOALS, POLICIES, AND PROGRAMS
ESJ Goal 1: The preservation and enhancement of fair and equitable treatment of all people with respect to community engagement and representation, access to housing, healthcare and physical activity, efficient and accessible transportation, and public and social services in a healthy environment.

PUBLIC SERVICES AND REPRESENTATION
ESJ Goal 2: The preservation and enhancement of fair and equitable treatment of all people with respect to community engagement and representation.

Policy 2-1: Maintain an on-going public dialogue that elevats cultural competency by increasing community awareness of existing and potential racial and xenophobic bias within the governing bodies of the City and other public agencies.

Policy 2-2: The public is informed and updated on a regular basis of the various programs and services related to equity and social justice that the City provides.

Policy 2-3: The City shall make an ongoing and persistent effort to assure that all residents across all population segments feel they are welcome members of the community.

Program 2.A: Appoint an Equity and Social Justice Committee comprised of three to five community members which periodically meet on equity and social justice issues and report annually to the City Council. The Committee may take matters of social justice to the City Council as necessary.

Responsible Parties: City Manager, City Council, ESJ Committee Schedule: Immediate; On-going. Annual report to Council

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Program 2.B: Provide information on the City’s website about the various public services available in the City regarding food assistance programs, healthcare clinics, youth mentoring programs, and other programs that address and help achieve equity and social justice.

Responsible Parties: City Staff
Schedule: Immediate: On-going
Program 2.C: Build and enhance partnerships with the City and the San Bernardino County Sheriff regarding neighborhood watch programs, non-emergency community response teams, and policing that fosters dialogue, familiarity and confidence between residents and law enforcement.

Responsible Parties: City Council; ESJ Committee
Schedule: Immediate: On-going
Program 2.D: City Council members shall offer monthly office hours and hold public meetings after work hours to incre4asse public participation.

Responsible Parties: City Council
Schedule: Immediate: On-going
Program 1.E: Review and expand the Art in Public Places program to actively seek out opportunities to more inclusively represent the diverse population of Twentynine Palms in the City’s murals.

Responsible Parties: Public Arts Advisory Committee
Schedule: Immediate; On-going

HOUSING
ESJ Goal 3: A diverse housing stock that provides safe, affordable and accessible home rental and ownership opportunities.

Policy 3-1: The City shall actively participate in and encourage the development of a variety of different housing types, such as accessory dwelling units, that may offer more affordable options for seniors and for lower income residents.

Policy 3-2: Programs shall be identified and developed to help low-income residents with energy efficient and other home upgrades that will make housing more affordable.

Policy 3-3: Advocate for greater community understanding of affordable housing options and financial literacy and help residents navigate the housing market and seek out pathways to sustained homeownership.

Policy 3-4: Administer the short-term rental market in Twentynine Palms in such a way that allows homeowners to benefit from the financial opportunity, but also protects neighborhoods from adverse impacts associated with short-term rental properties.

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Policy 3-5: Enhance the community’s housing stock and economic capacity by expanding pathways to better and higher paying jobs.

Program 3.A: Pursue and maximize the use of all appropriate state, federal, local, and private funding for development, preservation, and rehabilitation of housing stock affordable for extremely low, very low, low, and moderate-income households, while maintaining economic competitiveness in the region.

Responsible Parties: Planning
Schedule: Immediate; On-going
Program 3.B: Pursue and facilitate homeowner rehabilitation programs and weatherization programs funded by government and utility grants, and/or low-interest loans.

Responsible Parties: City Council; Planning
Schedule: Immediate; On-going
Program 3.C: Provide an online clearinghouse of information about state and county homebuying financial aid programs. Host public financial literacy courses that provide information about lending, reducing debt, setting financial goals, and navigating the affordable housing application process.

Responsible Parties: ESJ Committee, Planning
Schedule: Immediate; On-going
Program 3.D: The City shall evolve and administer the short-term vacation rental market responsive to community input and decision-making.

Responsible Parties: City Council; Planning
Schedule: Immediate
Program 3.E: Facilitate enhance career readiness for all City residents by partnering with local community colleges and workforce development agencies to offer job training.

Assist businesses with long-term leases and understanding city ordinances.

Responsible Parties: City Council; Economic Development Schedule: Immediate; On-going

FOOD AND NUTRITION
ESJ Goal 4: Nutritious, healthy food that is affordable and accessible to all residents regardless of income.

Policy 4-1: The City shall actively support the development of full-service grocery stores, farmers markets, and food assistance programs.

Policy 4-2: The City shall advocate for nutrition education and facilitate local daytime and evening programs, coordinating with Cooper Mountain College, county and state agencies, and non-profits.

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Program 4.A: Encourage and incentivize convenience stores throughout the City to offer healthier food options to customers.11
Responsible Parties: City Council; Economic Development Schedule: Immediate; On-going
Program 4.B: Streamline the approval process for new grocery stores and encourage more centrally located development of grocers and organic markets.

Responsible Parties: City Council; Planning Department
Schedule: Immediate; On-going
Program 4.C: Expand the City Community Center programming to include classes on healthy food preparation and cooking and a community garden program on City-owned property. Partner with schools, childcare centers, and affordable housing communities to support gardens.

Responsible Parties: Parks and Recreation
Schedule: Immediate; On-going
Program 4.D: Support food banks, pantries, and other sources that help provide county, state and federal food assistance to low-income resident so that all families, seniors, schools, and community-based organizations are able to access, purchase, and increase intake of fresh fruits, vegetables, and other nutritious foods, and provide detailed information on the City website.

Responsible Parties: City Staff
Schedule: Immediate; On-going

EDUCATION
ESJ Goal 5: All school-age children have access to a high-quality, inclusive and well-rounded education from preschool through high school.

Policy 5-1: The City shall engage and encourage the school district to recruit, employ, and retain more diverse teaching, counseling and administration staff.

Policy 5-2: The City shall advocate for the socially disadvantaged student population to ensure that disciplinary actions are fair and unbiased.

Policy 5-3: The City shall encourage and work with the school district to increase the offerings of afterschool activities in the forms of cultural, arts and music, and career training opportunities for elementary through high school.
11 County Health Rankings.org, “Healthy Food in Convenience Stores,” Accessed February 6, 2023, https://www.countyhealthrankings.org/take-action-to-improve-health/what-works-for-health/strategies/healthyfood-in-convenience-stores

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Program 5.A: Seek opportunities to partner with the Morongo Unified School District to share facilities, resources, and volunteer workers for community educational and cultural enrichment programs.12
Responsible Parties: City Council; Planning; Parks and Recreation Schedule: Immediate; On-going
Program 5.B: Investigate the disproportionate suspension rate of non-White students to better understand and disassemble pattern of bias that may exist or arise in the future.

Responsible Parties: ESJ Committee; City Council
Schedule: Immediate
Program 5.C: Seek opportunities to partner with Copper Mountain College to offer early childhood educational training and accreditation for residents interested in operating childcare facilities.

Responsible Parties:

Schedule: On-going

TRANSPORTATION
ESJ Goal 6: City road network that safely accommodates both motorized and non-motorized modes of transportation, including biking and walking as safe and attractive forms of transport and recreation throughout the City.

Policy 6-1: The City shall maintain safe roadway corridors throughout the City for biking and walking.

Policy 6-2: Future City development decisions shall prioritize accessibility to and connection with amenities pedestrians and bicyclists.

Program6.A: Strictly enforce speed limits for motorized vehicles throughout the City and enhance the integration of vehicular and multi-modal travel networks in the City.

Responsible Parties: City Manager, Public Works, County Sheriff Schedule: On-going
Program 6.B: Apply for federal and state funding to build bike lanes and sidewalks to facilitate multi-modal access to all parts of the community, especially, schools, parks and commercial services.13
Responsible Parties: City Council; Planning
Schedule: On-going
12 Western City, “Cities and Schools: Playing Well Together Pays Off for Children and Families,” (2014), accessed February 6, 2023: https://www.westerncity.com/article/cities-and-schools-playing-well-together-pays-children-andfamilies. 13 CalTrans, “California Awards $1 Billion for Walking and Biking Projects in Disadvantaged Communities, Invests $878 Million for Transportation Infrastructure,” (December 2022), accessed February 6, 2023:
https://dot.ca.gov/news-releases/news-release-2022-043.

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Appendix A
Public Workshops Summary Report

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General Plan Report – Contact List
City of Twentynine Palms
Engineering Department
Richard Pedersen, City Engineer – [email protected] Parks and Recreation Department
Kary Minatrea, Recreation Division Manager – [email protected] Public Works Department
Craig Stacey, Public Works Superintendent - [email protected] IT/Recycling
Elijah Marshall, information Services Director- [email protected] Twentynine Palms Water District
72401 Hatch Rd,
Twentynine Palms, CA 92277
Tel: (760) 367-7546
General Manager Matthew (Matt) Shragge
Cell:(760)567-8401
[email protected]
Morongo Unified School District
PO Box 1209
Twentynine Palms, California 92277
Tel: (760) 367-9191
Director of Maintenance & Operations David Daniels
Ext. 4231
[email protected]
29 Palms Public Cemetery
5350 Encelia Dr,
Twentynine Palms, CA 92277
Tel: (760) 367-9316
District General Manager Emily Helm
[email protected]
Twentynine Palms Library
6078 Adobe Rd,
Twentynine Palms, CA 92277
Tel: (760) 366-1440
Regional Branch Manager Robin Hawley
Cell: (909)665-0296
[email protected]

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29 Palms Public Cemetery
5350 Encelia Dr,
Twentynine Palms, CA 92277
Tel: (760) 367-9316
District General Manager Emily Helm
[email protected]
Twentynine Palms Library
6078 Adobe Rd,
Twentynine Palms, CA 92277
Tel: (760) 366-1440
Regional Manager Robin Hawley
Cell: (909)665-0296
[email protected]
Twentynine Palms Fire Department
Fire Station #43
6560 Adobe Road,
Twentynine Palms, CA 92277
Tel: (760) 367-7524
Interim Deputy Chief of Operations Scott Tuttle
Cell: (760)221-4447
[email protected]
San Bernardino County Sheriffs
Morongo Basin Patrol Station
63665 29 Palms Hwy
Joshua Tree, California 92252
Tel: (760)366-4175
Captain Robert Warrick
[email protected]

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Project
Neighborhood Safety Project
Safety Improments for High Crash unsignalized Intersections Safe Routes to School El Paseo Two Mile Road
Split Rock Avenue Bridge
Hatch Sullivan Class 2 Bike Path
SR 62 Street Improvement Encelia to Larea Ave
Cholla Avenue Street Improvement Project Street Improvement fee 29 Palms Bike Path Design TDA funds TDA Funds available RFA for Design RFA for Design Total
RFA for PA&ED & PE PA & ED RFA PSE PSE ROW RFA Construction Construction Final Report

SCHEDULE
Apr May Jun July Aug Sep Oct Nov Dec Jan Feb Mar Apri May June July Aug Sep Oct Nov Dec Jan Feb Mar Apri May June July Aug Sep Oct Nov Dec Jan Feb Mar Apri May June July Aug Sep Oct Nov Dec Jan Feb Mar Apri May June July Aug Sep Oct Nov Dec Jan Feb Mar Apri May June July Aug Sep Oct Nov Dec Neighborhood Safety Project
Safety Improments for High Crash unsignalized Intersections Safe Routes to School El Paseo Two Mile Road
Split Rock Avenue Bridge
Hatch Sullivan Class 2 Bike Path
SR 62 Street Improvement Encelia to Larea Ave
Cholla Avenue Street Improvement Project
TDA 29 Palms City Wide Bikepath
ATP
HBP
2023
ATP
MLHP
$ 1,467,000
$ 8,260,900
$ 3,479,926
$ 4,700,000
$ 470,000
$19,945,546
$ 360,000
finalize project May 2024
RFA for Constructon
RFA for PA& ED
RFA for Design
Awarded, Contruction April
100% plans complete
Advertized March 8th
100% plans
Grant approved January 2023
Funds available RFA for Design
Amount Status Next Step
$ 781,120
$ 426,600
Funds
Notice to Proceed
RFA for Constructon
HSIP State
HSIP State
2024 2025 2026
Project Manager
Project Manager
2028
Needs
Project Manager, RE, Inspector
Project Manager, RE, Inspector
Project Manager and Bridge Construction Manager
2027
Project Manager

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: May 14 2024
SUBJECT: 29! Sculpture Location.

RECOMMENDATION:

The City Council give direction to Staff and to the Public Arts Advisory Committee as to the location of the 29! Sculpture.

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:
• 29! Proposal
BACKGROUND:

The 29! Sculpture is an iconic symbol of the City of Twentynine Palms. In the past several months, the Public Arts Advisory Council (PAAC) has done an evaluation of the condition of the sculpture, as well as its location.

In brief, the PAAC determined that the sculpture is in definite need of repair. It is the determination of the PAAC that, in its current location, the sculpture is difficult for visitors to find and have access to. Accordingly, the PAAC has come up with two options as to the location of the sculpture:
1) Leave the sculpture where it is, but install a public parking lot so that visitors can access it; or 2) Move the sculpture into the Freedom Plaza area, potentially next to the 29 Beer Company location.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could choose to:
1) Leave the 29! Sculpture where it is, repair it, and install a public parking lot; 2) Move the 29! Sculpture to Freedom Plaza and repair it. 3) Provide another alternative for the sculpture. Page 193 of 344 FISCAL IMPACT:

The PAAC estimates that it will cost approximately $4,000 to repair the sculpture. If the sculpture is moved, it would cost approximately $10,000. If the sculpture remains where it is and a parking lot is installed, the cost could exceed $100,000.

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PAAC Proposal
29! Sculpture
Restoration

12.05.2023

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Who are we?
The PAAC* is tasked with
maintaining and restoring
the existing public art in the
City collection.
*Public Arts Advisory Committee

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Our goal
Repair Chuck Caplinger’s
landmark 29! Sculpture
and increase accessibility
according to ADA
compliance standards.

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How can we
achieve this goal?
We have two possible options:

1. Restore and make accessible
the sculpture at the CURRENT
location at Donnell Hill.

2. Restore sculpture and move to
another location that is
accessible.

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Meet-up
Met with artist, TBID
members, and Mayor Wright.

Survey
Had sculpture surveyed
for condition (PAAC funds
used).

Estimate
Fielded repair and
relocation estimates.

TBID
Pitched to TBID--Board voted
to support the process with
$5000 contribution from
TBID budget.

Today
Get recommendation from
the Planning Commission.

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Current State

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Survey Results
Survey Results

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Restoration Estimates
Option 1: Donnell Hill
● $3000-4000 to restore surface and
fix holes
● Parking Lot on Donnell Hill
estimate from City Engineer
Pedersen: $92,000 (does not
include ADA paths).
● Other costs: plaque, lighting.

Option 2: Freedom Plaza
● $10,000 to move sculpture within
29 Palms.
● $3000-4000 to restore surface and
fix holes.
● Other costs: plaque, lighting, wall.

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Option 1: Donnell Hill
Pros
● Location is loved by many members
of the public.
● Background for photos is sky and
mountains.
● Site already has lighting for
sculpture.

Cons
● Parking is difficult and dangerous.
● No ADA access.
● Hard to stand in front of sculpture
to take photos--ground slopes to
Highway.
● Tourists have difficulty finding the
site.
● There are 4 street signs blocking
visual access from Highway.

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Accessibility
This important icon of our city should be
accessible to everyone, including those in
wheelchairs or for whom walking is
difficult.

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Option 2: Freedom Plaza*
Pros
● Location has ample parking, ADA
access and ADA bathrooms.
● Easy for tourists to find.
● Tourists can do two things in Plaza:

National Park Visitor Center and
see 29! Sculpture.
● $15K was budgeted for Plaza
art--nothing has been used.
● Photography in front and around
would sculpture easy.

Cons
● Needs lighting.
● More interaction with public would
cause the sculpture to need annual
maintenance.
● Background behind sculpture
potentially visually chaotic.
*Other location options:
• 29 Palms Art Gallery--Mountains as backdrop
• Social Yards--right on Highway

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Facing North Facing West

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Mural style 1 Mural style 2

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Parallel to angle of stage

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Return on
investment
● Increased local civic pride in City
● Increased understanding of
importance of art and culture in City
● Increased visibility of 29! sculpture
on social media with increased
tourism to see sculpture

Page 209 of 344 ends

Thank you!

Page 210 of 344 ends

STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: May 14 2024
SUBJECT: City Fee Waiver Policy.

RECOMMENDATION:

The City Council approve the updated fee waiver policy.

ORDER OF PROCEDURE:

Request Staff Report (Recreation Division Manager
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Policy No. 1
• Fee Waiver Policy Update
BACKGROUND:

The City fee waiver policy was discussed during the City Council meeting that was held on April 23, 2024. The City Council requested additional information to be included in the policy update for discussion and potential action.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council may choose to keep the current fee waiver policy dated September of 1989, which allows for unlimited free facility rentals to qualified organizations.

FISCAL IMPACT:

The City currently subsidizes many programs and activities. Placing a maximum cap on free rental days allows the City to recapture a small percentage of operation and maintenance costs for facilities. The continuance of allowing unlimited free facility rentals is not financially sustainable.

Page 211 of 344 ends

J
" "
‘ '
CITY COUNCIL,POLICY NO. 1
subject: Waiver of City Fees
The City Council of the City or Twentynine Palms adopts the following policy on the waiving of fees:

A. Qualified Applicants: 1. Private non-profit organizations . Public or private charitable organizations 3. other public service agencies B. Necessary Qualifications for city Fee Waiver . The event or service must have a substantial and documented Community benefit, or 2. The activity must serve a recognized charitable purpose supported by the city council.

C. Procedure:

1. A request for waiver or fee by qualified parties shall be made in writing prior to the application for the event in question, or 2. The written request shall be made in the form of a refund if made after the application for the event.

D. Approval by the City Council shall he by one of the} ——~-JOllcwing-»meghoda.g... .. - _ _- .l..-~_.. --.l_..__‘. _._._ _ 1. Adoption of a Resolution at a Regular Council Meeting, a. As a condition of a previously adopted agreement between the City Council and the Party in Question.

3. As a fulfilled condition of any adopted Resolution or Ordinance previously adopted by the City Council.

E. Limits of waiver of fees:

1. The City Council shall limit any waiver of tee to City costs and not waive tees collected to provide contract service to the City.

PASSED, APPROVED,AND ADOPTED this 26th day of September, 1569 by the following vote to wit:

AYES:
_ Counoi Members: BELL, DOBLER, LIBBY, KRUSHAT, DUNN. N035: Councilmembers: NONE ABSENT: Councilmembersz NONE ?ttest:

Mayor City

Page 212 of 344 ends

CITY OF

TWENTYNINE PALMS
Fee waiver policy update

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PURPOSE OF THE FEE WAIVER UPDATE
*To establish fiscally responsible guidelines to equitably evaluate and consider fee waiver requests for one-time events or temporary uses of City facilities.
*To ensure effectiveness to the extent that a fee waiver can be considered without negatively impacting the City’s budget or current operations.
2

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UPDATED FEE WAIVER SAMPLE
The City Council of the City of Twentynine Palms adopts the following policy on the waiving of fees for facility rentals:

A. Qualified Applicants:

1. Private non-profit organizations 501 (c) (3)

2. Public or private charitable organizations

3. Other public service agencies

4. City partnership programs/organizations
3

Page 215 of 344 ends

UPDATED FEE WAIVER SAMPLE
B. Necessary Qualifications for City fee waiver:

1. The event or service must have a substantial and documented community benefit, or

2. The activity must serve a recognized charitable purpose supported by the City Council.

3. The activity does not duplicate or conflict with an existing program or activity.
4

Page 216 of 344 ends

UPDATED FEE WAIVER SAMPLE
C. Procedure:

1. A request for the waiver of the fee by qualified parties applicants shall be made in writing prior to the application submission for the event facility in question.

2. The written request shall be made in the form of a refund if made after the application for the event.
–Recommend removal of C#2 entirely.
5

Page 217 of 344 ends

UPDATED FEE WAIVER SAMPLE
D. Approval by the City Council shall be by one of the
following methods.

1. Adoption of a Resolution at a regular City Council meeting,

2. As a condition of a previously adopted agreement policy between the City Council and the party in question

3. As a fulfilled condition of any adopted Resolution or Ordinance policy previously adopted by the City Council.

4. By written request to the Recreation Division Manager. 6

Page 218 of 344 ends

UPDATED FEE WAIVER SAMPLE
E. Limits of waiver of fees:

1. The City Council shall limit any waiver of fees to City facility rental fees.

2. The City Council shall limit any waiver of facility rental fees to TWO days per calendar year (per approved organization.)

3. The City Council shall not waive the following fees relating to the facility rental; direct staffing or labor costs, refundable cleaning and damage deposits, insurance, food permits, liquor license, health permits or a City of Twentynine Palms business license or the use of City owned audio/visual equipment. 7

Page 219 of 344 ends

UPDATED FEE WAIVER SAMPLE
F. Ineligible fee waivers:

1. Organizations based outside City of Twentynine Palms (unless the demonstrated benefits are primarily to the residents of Twentynine Palms).

2. Activities primarily of a fundraising or charitable nature unless the funds directly benefit City-owned facilities or programs.

3. Events or activities that are not open to the public. 8

Page 220 of 344 ends

UPDATED FEE WAIVER SAMPLE
F. Ineligible fee waivers: CONTINUED

4. Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign.

5. Commercial/for-profit organizations or corporate events.

6. Trainings that charge for participation.
9

Page 221 of 344 ends

UPDATED FEE WAIVER SAMPLE
F. Ineligible fee waivers: CONTINUED

7. Family or social gatherings, weddings, birthday parties.

8. Events held at the Luckie Park Pool.

9. Events that would conflict with previously planned City of Twentynine Palms community events.
10

Page 222 of 344 ends

UPDATED FEE WAIVER SAMPLE
F. Ineligible fee waivers: CONTINUED

10. Projects or organizations who have failed to fulfill their obligations during previous events or activities for which facility rental fees were waived or reduced.

11. Gap days- Storing or setting up of any items intended for the organizations event are to be considered as a rental day. 11

Page 223 of 344 ends

FACILITY RENTAL RATES
12 Facility Resident/
Non-Profit Fee
For-Profit Fee Insurance
Required
Staffing Fees Weekend Service Charge
Set Up/Break Down
Community
Center/Gym
$366- first 2
hours/$95 each
additional hour.

SAME YES *FBHR
$35.11 per hour
dependent on
event
N/A
Freedom
Plaza/Stage
$132.00-
all day rental.

SAME YES *FBHR
$35.11 per hour
dependent on
event
N/A
Luckie Park
Activity
Center
$46.00-first 2
hours /$29 each
additional hour.
$85.00-
first 3 hours/$29 each
additional hour
YES N/A $74.00 per day
Patriotic
Hall
$46.00-first 2
hours/$29 each
additional hour.
$85.00-
first 3 hours/$29 each
additional hour
YES N/A $74.00 per day
*Senior
Center
$46.00-
first 2 hours.
$85.00 –
first 3 hours/$29 each
additional hour
YES N/A

$74.00 per day
Knott’s Sky
Park Shelter
$130.00-
all day rental.

SAME Dependent on
event type
N/A N/A
Rotary
Shelter
$141.00-
all day rental.

SAME Dependent on
event type
N/A N/A
Center
Shelter
$51.00-
all day rental.

SAME Dependent on
event type
N/A N/A
Ball field
Shelter
$102.00-
all day rental.

SAME Dependent on
event type
N/A N/A
Parking Lot

$115.00-
all day rental.

SAME Dependent on
event type
N/A N/A
Softball
Fields
$40-per field/
per day.
$504.00 8 hours/2 fields
include field prep/bases.

YES N/A N/A
Soccer
Fields/Open
Grass Areas
$102.00 per day. SAME Dependent on
event type.

N/A N/A
· Senior Center is not available for rental Monday through Friday. · FBHR-Fully Burdened Hourly Rate for staffing fees/fees are subject to change annually. Page 224 of 344

RENTAL FEE CREDIT
Each facility does not have the same rental fee. If a dollar amount for rental fees are allotted to each organization annually, multiple rentals at multiple facilities would be allowed with a potential balance due.

This would require manual override by staff within the reservation system and potential accounting errors within the reservation system.

Example: $500 rental credit per organization annually.

Luckie Park Activity Center 4 hours $104.00
Rotary Shelter (all day) $141.00
Patriotic Hall 4 hours $104.00
Gymnasium 4 hours $566.00
Total $915.00
Balance Due $415.00
13

Page 225 of 344 ends

FREEDOM PLAZA/COMMUNITY CENTER
14

Page 226 of 344 ends

RECOMMENDATIONS:
• City Council place a maximum cap on the total amount of days within a calendar year that qualified organizations are able to rent City facilities without paying a rental fee.
• If multiple rental days are approved, consecutive rental days should be allowed.
• Not to offer annual dollar amount or “rental fee credit”. This would further complicate the approval process as each facility does not share the same rental fee.
15

Page 227 of 344 ends
Page 228 of 344 ends

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: May 14 2024
SUBJECT: Public Arts Advisory Appointment.

RECOMMENDATION:

The City Council appoint Xarene Eskander as a standing member of the Public Arts Advisory Committee.

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)
ATTACHMENTS:
• 2024-04-17 Eskander
application redacted
BACKGROUND:

The City advertised for the position recruitment for one vacancy on February 28, 2024 with a closing date of March 20, 2024. The City received two (2) applications, one of which was subsequently withdrawn. The PAAC reviewed the remaining application on April 17, 2024, and unanimously recommended that the candidate move forward to the City Council for appointment. City Council formed an ad-hoc subcommittee to review the applications along with the Chair of the PAAC to make recommendations for appointment to the rest of the City Council.

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:

Page 229 of 344 ends

None.

Page 230 of 344 ends

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Page 232 of 344 ends

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: May 14 2024
SUBJECT: Preliminary 2024-25 Budget Revisions for the General Fund.

RECOMMENDATION:

The City Council review and provide direction on the preliminary FY 2024-25 budget revisions for the General Fund.

ORDER OF PROCEDURE:

Request Staff Report (City Manager and Finance
Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Preliminary General Fund
Budget Revisions 24-25
Presentation
• Preliminary General Fund
Budget FY 2024-25
• Presentation of the Proposed
Two-Year General Fund Budget
for Fiscal Year 2023-24 _ 2024-

25. BACKGROUND:

The City Manager and Finance Director are presenting the preliminary second year budget revisions for the General Fund. FY 2024-25 is the second year of the two-year budget for both the General Fund and Special Funds. The two-year budget has been attached to this report for Council's reference. The proposed budget revisions for Special Funds will be presented to the City Council on June 11th for review and approval. Prior to the adoption of the budget revisions, a Public Hearing will be scheduled on May 28 and June 11 for the General Fund and Special Funds, respectively. The City Council is required to approve the revisions before the beginning of the new Fiscal Year which begins July 1, 2024.

The City’s revenue revisions were updated using the latest estimates from San Bernardino County (Property Tax), HDL (Sales Tax), and local trends (Transient Occupancy Tax – TOT). TOT trends are the most difficult to predict, primarily due to the unpredictability of the current economic market. The preliminary expenditure revisions were developed by utilizing historical spending by department, with input and review by the department heads, direction from the City Council during Strategic Planning, and the City Council budget committee (Mayor Bilderain and Mayor Pro Tem Klink). Page 233 of 344
The initial two-year general fund budget had a surplus of $5K; however, the revisions have increased the surplus to $160K. Overall, this is a balanced 2024-25 budget with revised revenues of $13.8M vs. $13.3M originally adopted budget, not including reserves and transfers in. The largest revenue increases from the adopted budget are Vehicle License Fees in Lieu of Property Tax - $295K, Property Taxes - $78K, Interest from Investments - $50K, and Franchise Fees - $46K. With the unpredictability of short-term rental trends, Staff took a more conservative approach for TOT revenue and left it the same as the original budget of $1.9M. Expenditures are presented at $13.3M for 2024-25 adopted budget vs. $13.6M revised budget, not including transfers out. The largest increases are in the following departments: $159K in the Public Works (PW) Administration department due to the reclassification of employees with higher wages from PW Streets to PW Admin, as well as the reallocation of an additional 24% of wages and benefits previously paid with Gas Tax funding; and $90K in the Community Development department due to the carryover of funding from the prior fiscal year for housing & homelessness programs. In addition to the aforementioned adjustments, the original budget had a projected costof-living adjustment (COLA) of only 2.5%, however, inflation hasn't declined much since last year, and the current CPI for the month of March 2024 is 4.3%, which has been incorporated into the wages presented in the proposed budget.

General Fund Position and Positives/Challenges
The City of Twentynine Palms anticipates having $11.7M in reserves at the end of Fiscal Year 2023-24.

Approximately, 73% or $10.8M of the total reserves are unassigned for future uses. The unassigned balance is in line with the City's reserve policy of 50-55%. Staff is recommending Council to assign a total of $199K in funds from the FY 2023-24 fund balance for the following purposes: $50K for Community Event grants, $50K for housing and homelessness programs, $52K for Risk Management activities; and carry over to FY 2024-25 the $32K for the Navigation Center and $15K for the portable showers that were previously programed from the housing and homelessness program. The $557K in the restricted fund balance are funds received through the Local Law Enforcement Supplemental Account (LLESA) and Seized Assets programs for frontline municipal police services. The $94K in the nonspendable fund balance is the land purchased from the Successor Agency as part of the Lear Traffic Signal Installation.

Staff is anticipating another moderate growth year with Marine Corps Air Ground Combat Center (MCAGCC) and Joshua Tree National Park continuing to have attendance growth.

The biggest challenge with the budget is the continued rising inflation, which does not align with the City's charges for services. Another challenge is the continued decline in Gas Tax funding, which currently covers only 50% of the Public Works wages & benefits. In the past, 100% of the Public Works wages and benefits were covered by Gas Tax and Article 8 funding combined. With the elimination of the Article 8 in FY 22/23 and the reduction of Gas Tax funding, the General Fund has been absorbing more and more of these costs. Furthermore, on April 2023, the California Air Resources Board (CARB) adopted the Advanced Clear Fleets (ACF) regulation to accelerate zero-emission truck markets. The regulation applies to State and local government agencies that own, lease, or operate in California, one or more vehicles with a gross vehicle weight rating greater than 8,500 lbs. The City must comply with ACF requirements, and beginning January 1, 2024, the City must ensure that 50% of the annual vehicle purchases per calendar year are zero-emissions, and 100% of the annual vehicle purchases must be zero-emissions by January 1, 2027. The fiscal impact that this regulation will have on the City has not been determined, however, City Staff is projecting a significant increase not only in acquisition costs but in operating costs upon implementation of this regulation.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could reject, add, or reduce any of Staff’s spending recommendations.

FISCAL IMPACT:

A balanced budget. Page 234 of 344

CITY OF TWENTYNINE PALMS
Preliminary General Fund Budget Revisions

Page 235 of 344 ends

2 PRELIMINARY BUDGET

REVISION
Schedule:May 14th Preliminary General Fund Budget Revisions May 28th Proposed General Fund Budget Revisions June 11th Proposed Special Funds and Project Phoenix Budget Revisions

Page 236 of 344 ends

PRELIMINARY BUDGET – STRATEGIC

PRIORITIES
• New Shelter/Animal Control• Addition of a Sheriff Detective• Ballfield Lights• Theatre 29 Expansion• Housing and Homeless Advisory Committee• Events• IT Improvements• Debt Financing to pay for major improvements• Revenue Augmentation to pay for debt financing• Emergency Response Plan 3

Page 237 of 344 ends

PRELIMINARY BUDGET REVISIONS
24/25 Proposed Adjustments
Budget
24/25 Adopted
Budget
Revenues $13,583,719 $14,269,847 $686,128 (1)
Expenditures $13,578,408 $14,108,973 $530,565 (2)
SURPLUS $5,311 $160,374 $155,563
4 (1) Includes Transfers In ($45K) and reserves ($257K) to be used in 24/25 budget(2) Includes Transfers Out ($513K)

Page 238 of 344 ends

TOP SIX REVENUES
24/25 Proposed Adjustments
Budget
24/25 Adopted
Budget
Top Six Revenues
Property Tax $2,732,336 $2,810,660 $78,231
VLF $4,104,043 $4,398,932 $294,889 (1) in Lieu of Property Tax Sales Tax $1,584,266 $1,549,505 $(34,761)
Transient Occupancy Tax (TOT) $1,900,000 $1,900,000 $0
Franchise Fees $918,278 $964,624 $46,346Building
& Road Permits $630,000 $630,000 $0
5 (1) Vehicle License Fee

Page 239 of 344 ends

WHERE DOES THE REVENUE COME
FROM?*
20%
31%
11%
14%
2%
7%
6%
1% 1%
6%
Property TaxProperty Tax in lieu of VLFSales TaxTransient Occupancy Tax (TOT)Other TaxesFranchise FeesPlanning & Building Permits
Park
& Rec Fees
Animal Control FeesOther
6 *Excludes reserves and transfers in

Page 240 of 344 ends

DEPARTMENTAL EXPENDITURES
24/25 Proposed +/‐ %
Budget
24/25 Adopted
Budget
General Fund Exp.

City Council $67,858 $65,112 (4.0%)
Administration* $1,914,577 $1,873,110 (2.2%)Non‐Departmental (includes transfers out) $1,396,178 $1,612,520 (15.7%) Community Development $593,673 $682,331 15.4%Code Enforcement $262,910 $272,245 3.6%Building, Safety, and Eng. $556,210 $550,210 (‐1.1%)Law Enforcement $5,934,774 $5,901,273 (0.6%)Animal Control $607,728 $625,607 2.9%Community Services/Parks $1,921,394 $2,043,602 6.4%Public Works Admin/Street Sweeping $323,106 $482,963 49.5% 7 *Include City Administration, City Attorney, City Hall, Finance, City Clerk, Successor Administration, and IT Department

Page 241 of 344 ends

EXPENDITURES BY TYPE
% as
a Total of
Expenditures
FY 24/25 Proposed
Budget
General Fund Expenditures
Law Enforcement Services $5,901,273 41.8%
Salaries
& Benefits $4,002,748 28.4%
Contract
& Consulting $740,969 5.3%
Utilities $394,013 2.8%Building/Ground Maintenance $253,900 1.8%Vehicle/Equipment Oper. & Maint. $119,356 0.8%
Insurance $366,236 2.6%Pension/OPEB $91,863 0.7%Transfer Out $513,309 3.6%City Attorney $118,000 0.8% Other $1,607,306 11.4%
TOTAL $13,849,473 100%
8

Page 242 of 344 ends
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