Twentynine Palms City Council
March 25, 2025

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, March 25, 2025
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, March 25, 2025, at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CLOSED SESSION AGENDA
5:15 P.M.

CALL TO ORDER
Roll Call.

Adjourn to Closed Session.

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION §54957 - PUBLIC EMPLOYEES PERFORMANCE EVALUATION, CITY MANAGER.

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION §54956.9 ANTICPATED LITIGATION (1 CASE).

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor LeeAnn Clarke, 29 Palms Ministerial Association.

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 the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS - NONE.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

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

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

4. Approval of Minutes of the City Council Meeting Held on March 11, 2025.

City Council - Regular Meeting with Closed Session - 11 Mar 2025 - Minutes - Pdf 5 - 8

5. Approval of Warrant Register Totaling $1,790,045.92.

Approval of Warrant Register Totaling $1,790,045.92. - Pdf 9 - 14

6. Investment Policy.

RECOMMENDATION: The City Council review and approve the City's Investment Policy for FY 2024-25.

Investment Policy. - Pdf
15 - 19

7. Material Acquisition for Road Overlay from Blue Diamond Materials.

RECOMMENDATION: The City Council approve the purchase of materials for road overlay from Blue Diamond Materials for the purpose of overlaying roads throughout the City in the amount not to exceed $212,000.00
Material Acquisition for Road Overlay from Blue Diamond Materials. - Pdf 21 - 22

8. Lease agreement with Family Service Association of Western Riverside County.

RECOMMENDATION: The City Council approve the lease agreement with Family Services Association (FSA) of Western Riverside County for the property located at 6539 Adobe Road, Twentynine Palms, CA 92277 and authorize the City Manager to execute all documents necessary to enter into the Lease Agreement including any necessary amendments.

Lease agreement with Family Service Association of Western Riverside County. - Pdf 23 - 29

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

9. North Adobe Commercial Area.

RECOMMENDATION: The City Council provide direction to Community Development Staff as to whether the area generally described as east of Adobe Road, northerly of Valle Vista Road, and along Condor Road should be studied for rezoning purposes to allow for light industrial and business park uses.

North Adobe Commercial Area. - Pdf
31 - 32

10. Environmental Impact Report Agreements.

RECOMMENDATION: The City Council authorize the City Manager to enter into necessary agreements between applicants, the City, and relevant consultants when an Environmental Impact Reports (EIRs) are required for private developments.

Environmental Impact Report Agreements. - Pdf
33 - 34

11. Approval of the San Bernardino County Department of Public Health Environmental Health Services Street Vending Collaboration Program.

RECOMMENDATION: The City Council approve the participation in the San Bernardino County Department of Public Health Environmental Health Services Street Vendor Collaboration Program.

Approval of the San Bernardino County Department of Public Health Environmental Health Services Street Vending Collaboration Program. - Pdf 35 - 50

FUTURE COUNCIL INITIATED ITEMS

1. Discussion on the General Plan Update.

2. Discussion surrounding (i) costs to maintain dirt roads verses paved roads; (ii) what is a City maintained dirt road, a non-maintained dirt road, a road that has been accepted by the City, a road that is private and not accepted by the City; (iii) the City's ability and liability associated with the City periodically maintaining nonmaintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to pavedrural-road standards ready for acceptance into the City's accepted-and-maintained road list.

3. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

4. A review and discussion of fees as it relates to Site Plan Reviews for ancillary uses.

5. Discussion on abandoned homes in the community.

6. Discussion on reorganizing the Homeless and Housing Committee.

7. Discussion on partnering with the Boys and Girls Club.

8. Discussion on reviewing policies for non-profits who receive funding from the City.

9. Discussion of a policy regulating the use of City Attorney resources.

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 of 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 5:00 p.m. March 20, 2025.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
March 11, 2025

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:04 p.m.

Pledge of Allegiance - Ms. Melissa McGivern led the Pledge of Allegiance.

Invocation - Fr. Eliseus Uju, Blessed Sacrament Catholic Church, gave the invocation.

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

Closed Session Announcements - City Attorney Muñoz reported that the City Council came out of Closed Session at 8:54 p.m. During the Closed Session, the City Council held an annual performance evaluation for the City Manager and said that he received a positive performance evaluation; and the City Council would be meeting again to finalize a written evaluation reflecting the positive review he was provided at its next closed session.

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 the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Twentynine Palms High School Girl's Basketball Team and Softball Team for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Mintz presented checks in the amount of $300 each from Burrtec Waste and Recycling Services and the City of Twentynine Palms to the Twentynine Palms High School Girl's Basketball Team and the Softball Team.

2. Presentation by the Parks and Recreation Department on a Grant Recently Received by the National Recreation and Park Association (NRPA) Gender Equity in Sports Community of Practice Grant Supported by Nike.

Amy Tessier, Recreation Program Supervisor, provided a Power Point presentation on the $20,000 grant the Park and Recreation Department received to help with their "Girls on the Run" and Summer Camp events.

3. Proclamation Recognizing March 2025 as Irish American Heritage History Month.

Mayor Bilderain read the Proclamation in its entirety. Mayor Pro Tem Mintz then presented the Proclamation to Ms. Cora Manno.

4. Proclamation Recognizing March 2025 as Women's History Month.

Mayor Bilderain read the Proclamation in its entirety. Mayor Pro Tem Mintz then presented the Proclamation to Ms. Kelly Corney from Desert Hardware.

City Council - Regular Meeting with Closed Session
March 11, 2025

5. Presentation by San Bernardino County Fire Department Chief Bill Villarino on Fire Prevention.

Assistant Chief Villarino provided a Power Point Presentation on fire prevention.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Ramirez mentioned that she attended the pizza party for the Fifth graders at Oasis Elementary School that gave a presentation on Black History Month at our last meeting, the Pelican Club Dinner, the Swearing In for Senator Rosilicie Ochoa Bogh, she met with Ms. Lynette Ramirez, who is with the High Desert Community Foundation and met with constituents.

Councilmember Scott commented that he also attended the Swearing In of Senator Ochoa Bogh. He attended the Pelican Club Dinner, a demonstration in Joshua Tree, the Planning Commission meeting and he announced that the second meeting of "Toastmasters" will be held on Monday, March 24th and will be hosted by Wing N It.

Councilmember Wright mentioned that he has spent most of his time these past two weekends at the All-Stars Basketball Tournament and commented that our youth are doing a great job and representing Twentynine Palms well.

Mayor Pro Tem Mintz mentioned that he met with Dr. Ray Wolfe, Executive Director for SBCTA, he parked cars at Sky's the Limit, and he is amazed at how many people come out from all over to visit our Observatory.

Mayor Bilderain wished everyone celebrating a birthday in March a Happy Birthday, especially his daughter Gena, he attended the All-Stars Basketball Tournaments, a Personnel Subcommittee meeting and met with constituents.

CONSENT CALENDA

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

7. Approval of Minutes of the City Council Meeting Held on February 25, 2025.

8. Award a Contract Agreement for Design Services to HR Green Pacific INC, for Fiscal Year 2024/2025 CDBG Luckie Park ADA Improvement Project.

RECOMMENDATION: That the City Council:

1. Award a Contract Agreement for Design Services for the Fiscal Year 2024/2025 Community Development Block Grant (CDBG) Luckie Park ADA Parking Improvement Project to HR Green Pacific for a total contract amount of $28,984.

2. Authorize the City Manager to execute all documents necessary to enter into the Contract Agreement including any necessary amendments.

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

The above motion was carried by the following:

ROLL CALL VOTE:

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

City Council - Regular Meeting with Closed Session
March 11, 2025
PUBLIC HEARING- None.

DISCUSSION AND POTENTIAL ACTION ITEMS - None.

FUTURE COUNCIL INITIATED ITEMS

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

2. Discussion on the General Plan Update.

3. Discussion surrounding (i) costs to maintain dirt roads verses paved roads; (ii) what is a City maintained dirt road, a non-maintained dirt road, a road that has been accepted by the City, a road that is private and not accepted by the City; (iii) the City's ability and liability associated with the City periodically maintaining non-maintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to paved-rural-road standards ready for acceptance into the City's accepted-and-maintained road list.

4. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

5. A review and discussion of fees as it relates to Site Plan Reviews for ancillary uses.

6. Discussion on abandoned homes in the community.

7. Discussion on reorganizing the Homeless and Housing Committee.

8. Discussion on partnering with the Boys and Girls Club.

9. Discussion on reviewing policies for non-profits who receive funding from the City.

10. Discussion of a policy regulating the use of City Attorney resources.

PUBLIC COMMENTS
Scot Curry, Newport Beach, commented on the recent "Flying Doctors" event held in Yucca Valley the past weekend and it was very successful. They saw over 300 patients. He asked the City Council if they could possibly help next year by allowing them to use Freedom Plaza for their annual event.

Eric Menendez spoke about TBID, mentioning that they recently authorized a second round of the initial phase I study through Civitas, and he asked the question, what has changed since we initially hired them to do this for us? He doesn't believe that we should be spending more money on this process again.

Susan Peplow, Joshua Tree, spoke regarding TBID and the lack of follow-through. She mentioned that we need greater oversight to ensure the City is marketed effectively as a destination to bring tourism dollars. She feels as a stakeholder, our marketing is falling short.

Maggie Vinson, Twentynine Palms, spoke about the roads in Twentynine Palms. She mentioned that the road to her home is bad, and she almost broke her car driving on that road.

Eileen Leslie, Twentynine Palms, mentioned that she attended the last TBID meeting and was surprised to hear that the TBID Board is seeking to avoid City Council yearly oversight, and it was clear there was a lack of confidence about this new proposed action from all the stakeholders that attended the meeting. She mentioned all those that spoke under Public Comments, were opposed to this idea.

Veno Nathraj, Twentynine Palms, handed out some information to the City Council. He then spoke about the handouts which show guest reviews of the Sure Stay Best Western along with photos of the rooms. He mentioned that the Sure Stay Best Western is owned by the Chair of the TBID, who is an ambassador to tourism for our city. He commented that the City Council is appointing the wrong people in positions to advise the City Council.

CITY MANAGER UPDATE
City Manager James mentioned that on March 24th, a follow-up meeting with the Ministerial Association regarding Emergency Preparedness will take place at City Hall beginning at 8:30 a.m.

City Council - Regular Meeting with Closed Session
March 11, 2025
Eric Menendez made a public comment regarding the Closed Session, mentioning that Stone has done a great job since he arrived. He then went on to talk about the TBID and homelessness. He commented that he feels the City Manager Department needs additional staff, possibly a Deputy City Manager.

ADJOURN TO CLOSED SESSION - at 7:16 p.m.

CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION §54957 - PUBLIC EMPLOYEES PERFORMANCE EVALUATION, CITY MANAGER.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 8:56 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Mar 25 2025
SUBJECT: Approval of Warrant Register Totaling $1,790,045.92.

ATTACHMENTS:
• Approval of Warrant Register
Totaling $1,790,045.92

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 03-25-25
Check / Payment
0019931 2/05/2025 [1530] 9 PALMS INN (2311) 35.67
0019932 2/05/2025 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0019933 2/05/2025 [2680] AIS 117.03
0019934 2/05/2025 [0525] ADESSA BIGLER 206.73
0019935 2/05/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 13.34 0019936 2/05/2025 [3709] CA STATE DISBURSEMENT UNIT 218.00 0019937 2/05/2025 [1052] CHARLES ABBOTT ASSOCIATES INC 38,878.01 0019938 2/05/2025 [1053] CINTAS CORPORATION (8315) 919.11 0019939 2/05/2025 [1038] CMRSFP 900.00
0019940 2/05/2025 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0019941 2/05/2025 [1062] COMPANION ANIMAL CLINIC 37.00
0019942 2/05/2025 [1081] STEPHEN F DAVIS 400.00
0019943 2/05/2025 [1087] DESERT HARDWARE (0301) 2,665.81 0019944 2/05/2025 [1095] EMPLOYMENT DEVELOPMENT DEPT 105.95 0019945 2/05/2025 [1100] FEDEX 41.69
0019946 2/05/2025 [1102] FORENSIC DTS INC 89.00
0019947 2/05/2025 [1103] FRANCOTYP-POSTALIA INC 209.95
0019948 2/05/2025 [1106] FRONTIER 96.07
0019949 2/05/2025 [3791] JW CONSTRUCTION 2,900.00
0019950 2/05/2025 [3660] KIMBERLY K. JOHNSON 1,282.00
0019951 2/05/2025 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0019952 2/05/2025 [1150] MARK SPEER AUTOMOTIVE (2109) 1,892.20 0019953 2/05/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 4,099.20 0019954 2/05/2025 [1171] NATIONAL BAND AND TAG COMPANY 272.36 0019955 2/05/2025 [1175] AARON NEVEU 1,116.00
0019956 2/05/2025 [3884] ODP BUSINESS SOLUTIONS LLC 191.81 0019957 2/05/2025 [2582] OREILLY 1,242.25
0019958 2/05/2025 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 1,226.36 0019959 2/05/2025 [2231] PAYCHEX INC 1,934.58
0019960 2/05/2025 [1214] SAN BERNARDINO CO OFFICE OF THE ASSESSOR 46.00 0019961 2/05/2025 [1230] SCE 19,180.05
0019962 2/05/2025 [1243] THE GAS COMPANY 2,987.56
0019963 2/05/2025 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0019964 2/05/2025 [1254] TROPHY EXPRESS 41.53
0019965 2/05/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 4,665.23 0019966 2/05/2025 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0019967 2/05/2025 [1270] VALLEY INDEPENDENT PRINTING 54.38 0019968 2/05/2025 [3883] WILLIAM SELLERS PLUMBING 350.00 0019969 2/05/2025 [1284] WONDER ELECTRIC COMPANY (0052) 1,015.77 0019970 2/05/2025 [1287] XEROX FINANCIAL SERVICES 188.71 0019971 2/12/2025 [1506] A NEW CREATION FLOWERS & GIFTS (2187) 93.31 0019972 2/12/2025 [1005] AFLAC 648.86
0019973 2/12/2025 [2760] AMERICAN RED CROSS TRAINING SERVICES 300.00 Run: 3/13/2025 at 6:23 PM Page: 1

0019974 2/12/2025 [1014] ARROWHEAD CREDIT UNION 25,482.15 0019975 2/12/2025 [1027] BLUE DIAMOND MATERIALS 163,403.89 0019976 2/12/2025 [3881] DANIEL CAMPESE 275.00
0019977 2/12/2025 [1059] MARK T (2524) CLEMONS 25,000.00 0019978 2/12/2025 [2785] COPY CENTER PLUS INC. (8893) 329.23 0019979 2/12/2025 [3691] CROWN AWARDS 2,990.74
0019980 2/12/2025 [3848] FRIENDS OF THE HISTORIC PLAZA 3,000.00 0019981 2/12/2025 [1106] FRONTIER 147.83
0019982 2/12/2025 [1106] FRONTIER 395.86
0019983 2/12/2025 [1106] FRONTIER 11.64
0019984 2/12/2025 [1107] FULTON DISTRIBUTING 403.63
0019985 2/12/2025 [1122] GOLD MOUNTAIN CA NEWS MEDIA 1,355.50 0019986 2/12/2025 [3696] HERK EDWARDS, INC 2,700.00
0019987 2/12/2025 [1341] HI-DESERT AIR INC (0336) 95.88 0019988 2/12/2025 [2934] I-BANK US BANK 17,483.88
0019989 2/12/2025 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0019990 2/12/2025 [3253] JOHN MAHANY PLUMBING INC (9127) 230.00 0019991 2/12/2025 [3136] JONS FLAGS & POLES INC 1,055.95 0019992 2/12/2025 [3786] LEVIN HOLLOWAY 120.00
0019993 2/12/2025 [3880] MACDERMID DESIGN LTD 1,710.00
0019994 2/12/2025 [1150] MARK SPEER AUTOMOTIVE (2109) 36.90 0019995 2/12/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 3,450.72 0019996 2/12/2025 [1228] NCSI 92.50
0019997 2/12/2025 [3589] NETFILE INC 3,400.00
0019998 2/12/2025 [1177] NEWCO DISTRIBUTORS INCORPORATED 2,344.86 0019999 2/12/2025 [2791] NIXON-EGLI EQUIPMENT CO 357.58 0020000 2/12/2025 [3884] ODP BUSINESS SOLUTIONS LLC 467.41 0020001 2/12/2025 [1184] OFFICE DEPOT CREDIT PLAN 500.30 0020002 2/12/2025 [0001] ONE TIME VENDOR - VICTOR HERNANDEZ 111.30 0020003 2/12/2025 [3692] PACIFIC ANIMAL PRODUCTIONS 1,025.00 0020004 2/12/2025 [3719] PROJECT SHEBA 3,000.00
0020005 2/12/2025 [1213] SAN BERNARDINO CO SHERIFFS DEPT 910,120.00 0020006 2/12/2025 [1230] SCE 4,145.88
0020007 2/12/2025 [3596] RICARDO SORIANO 325.00
0020008 2/12/2025 [1387] TWENTYNINE PALMS HISTORICAL SOCIETY (0867) 2,000.00 0020009 2/12/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 91.72 0020010 2/12/2025 [0482] MARIO G VILLESCAS 150.00
0020011 2/12/2025 [1284] WONDER ELECTRIC COMPANY (0052) 1,738.76 0020012 2/19/2025 [2385] AL'S KUBOTA TRACTOR 3,692.65
0020013 2/19/2025 [3694] BEAUMONT COMMUNITY YOUTH BASKETBALL 1,500.00 0020014 2/19/2025 [1053] CINTAS CORPORATION (8315) 498.75 0020015 2/19/2025 [1079] DATA TICKET INC 418.58
0020016 2/19/2025 [3577] FRIENDS OF JOSHUA TREE 2,500.00 0020017 2/19/2025 [1106] FRONTIER 75.62
0020018 2/19/2025 [1107] FULTON DISTRIBUTING 555.21
0020019 2/19/2025 [2985] GOLDSTAR ASPHALT PRODUCTS 3,116.13 0020020 2/19/2025 [3874] LINCOLN FINANCIAL GROUP 1,986.68 0020021 2/19/2025 [2507] MERRELL JOHNSON 5,462.00
0020022[VOID] 2/19/2025 [1166] MORONGO BASIN UNITY HOME INC 50.00 0020023 2/19/2025 [1182] NV5 INC (8793) 2,538.75
0020024 2/19/2025 [3884] ODP BUSINESS SOLUTIONS LLC 88.11 Run: 3/13/2025 at 6:23 PM Page: 2

0020025 2/19/2025 [0001] ONE TIME VENDOR - NATHANIEL MATHER 73.47 0020026 2/19/2025 [0328] JACQUELINE PALMER 152.60
0020027 2/19/2025 [1230] SCE 375.69
0020028 2/19/2025 [3590] SOUTHWEST PROTECTIVE 4,050.00
0020029 2/19/2025 [1178] T-MOBILE 44.60
0020030 2/19/2025 [1254] TROPHY EXPRESS 90.37
0020031 2/19/2025 [0533] KLALYN TSCHOEPE 195.00
0020032 2/19/2025 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0020033 2/19/2025 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 264.00 0020034 2/19/2025 [1272] VCA YUCCA VALLEY 62.00
0020035 2/19/2025 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0020036 2/25/2025 [3885] DANCE MOJAVE PERFORMANCE COLLECTIVE 15,000.00 0020037 2/26/2025 [2408] ACCUFUND, INC 1,839.00
0020038 2/26/2025 [3581] ADVANCED IMAGING SOLUTIONS 508.71 0020039 2/26/2025 [3121] AMERICAN EXPRESS 405.48
0020040 2/26/2025 [3877] AMERITAS LIFE INSURANCE CORP 3,599.28 0020041 2/26/2025 [3877] AMERITAS LIFE INSURANCE CORP 634.00 0020042 2/26/2025 [1137] BILL'S DIESEL 9,124.51
0020043 2/26/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 686.91 0020044 2/26/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 15,718.94 0020045 2/26/2025 [3881] DANIEL CAMPESE 75.00
0020046 2/26/2025 [1052] CHARLES ABBOTT ASSOCIATES INC 42,404.22 0020047 2/26/2025 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0020048 2/26/2025 [2898] ENVIROMINE INC 1,608.75
0020049 2/26/2025 [1104] CHRISTOPHER (8507) J FRASHER 856.61 0020050 2/26/2025 [1106] FRONTIER 336.50
0020051 2/26/2025 [2183] JOE A GONSALVES & SON 3,000.00 0020052 2/26/2025 [3253] JOHN MAHANY PLUMBING INC (9127) 230.00 0020053 2/26/2025 [3136] JONS FLAGS & POLES INC 1,127.07 0020054 2/26/2025 [3786] LEVIN HOLLOWAY 175.00
0020055 2/26/2025 [3816] LISA RAE BLACK 3,000.00
0020056 2/26/2025 [1150] MARK SPEER AUTOMOTIVE (2109) 36.90 0020057 2/26/2025 [1155] SYLVIA MATTHEWS 146.00
0020058 2/26/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 9,666.72 0020059 2/26/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 9,666.72 0020060 2/26/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 5,971.87 0020061 2/26/2025 [3884] ODP BUSINESS SOLUTIONS LLC 21.10 0020062 2/26/2025 [0001] ONE TIME VENDOR - LISA MASON 146.00 0020063 2/26/2025 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION 808.50 0020064 2/26/2025 [3886] PARSONS TRANSPORTATION GROUP INC 10,614.00 0020065 2/26/2025 [1191] PELICAN CLUB 105.00
0020066 2/26/2025 [2268] SAN BERNARDINO COUNTY-RADIO 111.52 0020067 2/26/2025 [1230] SCE 1,228.26
0020068 2/26/2025 [3810] SHERWOOD DESIGN ENGINEERS, LTD. 7,653.75 0020069 2/26/2025 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,682.43 0020070 2/26/2025 [3596] RICARDO SORIANO 350.00
0020071 2/26/2025 [1231] SPARKLETTS 716.73
0020072 2/26/2025 [1249] SPECTRUM 199.99
0020073 2/26/2025 [1249] SPECTRUM 32.72
0020074 2/26/2025 [1249] SPECTRUM 43.03
0020075 2/26/2025 [1249] SPECTRUM 129.99
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0020076 2/26/2025 [1249] SPECTRUM 159.98
0020077 2/26/2025 [1249] SPECTRUM 152.44
0020078 2/26/2025 [1249] SPECTRUM 1,179.00
0020079 2/26/2025 [1249] SPECTRUM 119.98
0020080 2/26/2025 [1249] SPECTRUM 119.99
0020081 2/26/2025 [1249] SPECTRUM 119.99
0020082 2/26/2025 [1249] SPECTRUM 149.98
0020083 2/26/2025 [2697] STERICYCLE INC 96.38
0020084 2/26/2025 [3186] STILES ANIMAL REMOVAL INC. 1,800.00 0020085 2/26/2025 [3093] TWENTYNINE PALMS ARTISTS GUILD 57.30 0020086 2/26/2025 [1270] VALLEY INDEPENDENT PRINTING 701.44 0020087 2/26/2025 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 545.00 0020088 2/26/2025 [0482] MARIO G VILLESCAS 150.00
0020089 2/26/2025 [3610] RYAN M WADDELL 425.00
0020090 2/26/2025 [1744] YUNEX LLC 1,091.50
0020091 3/05/2025 [1001] LORI (8411) ABDELNOUR 1,475.00 0020092 3/05/2025 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0020093 3/05/2025 [2680] AIS 341.86
0020094 3/05/2025 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0020095 3/05/2025 [1020] B & B AUTO PARTS / TOWING 220.00 0020096 3/05/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 13.34 0020097 3/05/2025 [3709] CA STATE DISBURSEMENT UNIT 218.00 0020098 3/05/2025 [1053] CINTAS CORPORATION (8315) 919.11 0020099 3/05/2025 [1062] COMPANION ANIMAL CLINIC 590.49 0020100 3/05/2025 [1081] STEPHEN F DAVIS 400.00
0020101 3/05/2025 [1087] DESERT HARDWARE (0301) 746.41
0020102 3/05/2025 [1102] FORENSIC DTS INC 808.75
0020103 3/05/2025 [1106] FRONTIER 95.99
0020104 3/05/2025 [1106] FRONTIER 11.63
0020105 3/05/2025 [1134] INTERVET INC 404.06
0020106 3/05/2025 [3660] KIMBERLY K. JOHNSON 1,282.00
0020107 3/05/2025 [1149] LLOYD PEST CONTROL CO INC (8202) 523.00 0020108 3/05/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 5,256.67 0020109 3/05/2025 [1177] NEWCO DISTRIBUTORS INCORPORATED 572.48 0020110 3/05/2025 [2582] OREILLY 71.95
0020111 3/05/2025 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 320.20 0020112 3/05/2025 [2231] PAYCHEX INC 1,145.08
0020113 3/05/2025 [1213] SAN BERNARDINO CO SHERIFFS DEPT 61,956.63 0020114 3/05/2025 [1217] SBCTA 18,657.00
0020115 3/05/2025 [1230] SCE 7,074.71
0020116 3/05/2025 [3590] SOUTHWEST PROTECTIVE 3,006.75
0020117 3/05/2025 [1233] SR BUILDING INC (2685) 6,400.00 0020118 3/05/2025 [1243] THE GAS COMPANY 5,619.72
0020119 3/05/2025 [1252] TPHS 300.00
0020120 3/05/2025 [1252] TPHS 300.00
0020121 3/05/2025 [1255] TURF STAR INCORPORATED 2,482.79 0020122 3/05/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 134.97 0020123 3/05/2025 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0020124 3/05/2025 [1270] VALLEY INDEPENDENT PRINTING 119.63 0020125 3/05/2025 [1272] VCA YUCCA VALLEY 262.90
0020126 3/05/2025 [1273] VERIZON WIRELESS 818.51
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0020127 3/05/2025 [1287] XEROX FINANCIAL SERVICES 237.49 0020128 3/10/2025 [2499] RACKSPACE US, INC 2,415.86
0020129 3/12/2025 [3826] A JUMP N PARTY INC. 1,034.90
0020130 3/12/2025 [1005] AFLAC 648.86
0020131 3/12/2025 [2996] AMERIGAS 110.97
0020132 3/12/2025 [1008] ANIMAL ACTION LEAGUE INC 1,135.00 0020133 3/12/2025 [3887] ANTHONY GABRIEL JR 204.00
0020134 3/12/2025 [1014] ARROWHEAD CREDIT UNION 17,090.88 0020135 3/12/2025 [3604] ASSUREHIRE, INC 16.42
0020136 3/12/2025 [1018] AVALON URGENT CARE INC 150.00
0020137 3/12/2025 [0452] CHRISTINA BENTON 251.71
0020138 3/12/2025 [2785] COPY CENTER PLUS INC. (8893) 313.86 0020139 3/12/2025 [1079] DATA TICKET INC 421.58
0020140 3/12/2025 [1307] DESERT FIRE EXTINGUISHER CO INC (0133) 424.04 0020141 3/12/2025 [1089] DESERT REGIONAL TOURISM AGENCY 2,900.00 0020142 3/12/2025 [1103] FRANCOTYP-POSTALIA INC 298.92
0020143 3/12/2025 [1106] FRONTIER 147.73
0020144 3/12/2025 [1106] FRONTIER 403.29
0020145 3/12/2025 [1107] FULTON DISTRIBUTING 397.46
0020146 3/12/2025 [3732] FUSE CONNECT, LLC. 1,875.00
0020147 3/12/2025 [1122] GOLD MOUNTAIN CA NEWS MEDIA 332.75 0020148 3/12/2025 [1122] GOLD MOUNTAIN CA NEWS MEDIA 190.00 0020149 3/12/2025 [1150] MARK SPEER AUTOMOTIVE (2109) 3,079.67 0020150 3/12/2025 [0551] CURTIS MCCOY 59.22
0020151 3/12/2025 [2367] MIDAMERICA 549.00
0020152 3/12/2025 [3608] MPLC 263.74
0020153 3/12/2025 [1228] NCSI 18.50
0020154 3/12/2025 [1175] AARON NEVEU 914.25
0020155 3/12/2025 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION 345.78 0020156 3/12/2025 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION 1,031.25 0020157 3/12/2025 [0001] ONE TIME VENDOR - FREEDOM FOREVER LLC 534.27 0020158 3/12/2025 [1209] ROGERS ANDERSON MALADY AND SCOTT (2807) 3,000.00 0020159 3/12/2025 [1230] SCE 16,118.29
0020160 3/12/2025 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 24,009.80 0020161 3/12/2025 [1356] THEATRE 29 (0507) 15,000.00
0020162 3/12/2025 [1252] TPHS 567.22
0020163 3/12/2025 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0020164 3/12/2025 [1255] TURF STAR INCORPORATED 741.72
0020165 3/12/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 4,390.67 0020166 3/12/2025 [1278] WESTERN HOME BUILDERS, INC 2,117.25 EFT 2/07/2025 95,250.98
Approved by: Date:

Total Checks: 1,790,045.92
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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Mar 25 2025
SUBJECT: Investment Policy.

RECOMMENDATION:

The City Council review and approve the City's Investment Policy for FY 2024-25.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Investment Policy
BACKGROUND:

Although it is no longer required by State law, it is generally recommended that each City approve its Investment Policy annually. Normally, the City has done this near the close of each Fiscal Year.

No changes were made to the current investment policy. In order to protect the City, the policy presented is minimal and restrictive in the type of investments permitted.

As of February 28, 2025, the City has investments in the following investment types:

Investment Type Amount % of Total
LAIF $10,422,983 56.3%
Certificate of Deposit* $ 5,115,601 27.6%
U.S. Treasury Bills* $ 2,305,702 12.5%
Funds Held in Trust $ 664,367 3.6%
Total $18,508,653 100%
*Market Value
All of the above investments are in compliance with the City's Investment Policy.

ENVIRONMENTAL:

Not applicable
ALTERNATIVES: Page 15 of 50
The policy could be changed to allow other investments.

FISCAL IMPACT:

The policy is conservative relating to investments.

1 CITY OF TWENTYNINE PALMS

STATEMENT OF INVESTMENT POLICY
Purpose This policy is intended to provide guidelines for the prudent investment of the City’s temporary idle cash, and outline policies to maximize the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its idle cash.

Objective The City’s cash management system is designed to accurately monitor and forecast expenditures and revenues; thus, enabling the City to invest funds to the fullest extent possible. The City will attempt to obtain the highest yield available as long as such investments meet the criteria established for safety and liquidity.

Policy The City of Twentynine Palms operates its temporary pooled idle cash investments under the prudent person rule. (California Civil Code Section 2261 which states, in essence, that “in investing… property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs ...”) This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 56300 et seq.)
Investments may be made in the following media:
*Checking accounts or passbook savings account demand deposits with commercial banks
*Local Agency Investment Fund (LAIF) Demand Deposits
*Certificates of Deposit (or Time Deposits) placed with commercial banks *Treasury Bonds or Securities of the U.S. Government or its agencies *Negotiable Certificate of Deposit - as authorized in Government Code Section 53601(i), no more than 30 percent of the City Agencies Money may be invested in negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank. All purchases must be fully insured by the FDIC or fully collateralized.

2 Requirements Any Commercial Banks utilized must be fully insured by the Federal Deposit Insurance Corporation (FDIC) for at least $250,000. Any deposits in excess of the insured amount must be fully collateralized. When there is a significant doubt about the solvency of a governmental insurance agency, the financial institutions utilizing such an agency will also be required to collateralize all City deposits up to the insured amount in addition to such insurance. This requirement will continue until the insurance agency regains a financially healthy status. In utilizing any banks, a review will occur to ensure that the institution is in a sound financial condition.

LAIF Demand Deposits are limited to $75,000,000 per agency.

A minimum of three quotes will be required on all investments if quotes are the established standard of seeking the best rates, i.e. CDs. Efforts will be made to fully consider local institutions.

A competitive bid process, when practical, will be used to place all investment purchases, other than those that are classified as “new issue” securities.

Financial institutions that the City utilizes must annually submit audited financial statements. Interest must be paid at least semi-annually, quarterly, preferably monthly, and at maturity. Interest must be calculated based on a 360-day year.

Criteria
Criteria for selecting investments and order of priority are as follows:

Safety – The safety and risk associated with an investment refers to the potential for loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe.

Liquidity – This refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.

3. Yield – Yield is the potential dollar earnings an investment can provide, and is sometimes described as the rate of return.

Safekeeping Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the City’s bank or other designated third party trust, in the City’s name and control, whenever possible.

City Constraints The basic premise underlying the City’s investment philosophy is, and will continue to be, to insure that money is always safe and available when needed.

Investments will not be made in the following media;

3 Amounts over $250,000 which is not collateralized. Negotiable and Non-negotiable Certificates of Deposits over $250,000 which are not collateralized.

Deposit requirement of periods exceeding 365 days. Deposit or Maturity requirement exceeding 5 years.

The City will generally not invest in an institution, which has not been in business for at least three (3) years or with assets less than $50 million. As an alternative the City may invest a maximum of $99,000 in such an institution.

STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: Mar 25 2025
SUBJECT: Material Acquisition for Road Overlay from Blue Diamond Materials.

RECOMMENDATION:

The City Council approve the purchase of materials for road overlay from Blue Diamond Materials for the purpose of overlaying roads throughout the City in the amount not to exceed $212,000.00 ORDER OF PROCEDURE:

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

Public Works Road Staff is seeking approval from the City Council to utilize funding from Measure I Funds to overlay 3 roads in the City of Twentynine Palms, which consist of 3 residential streets. These sections of roadway have warranted an increase in repair procedures over the preceding year due to accelerated deterioration of the road surface. Many complaints have been received in reference to these sections which has led Staff to prioritize these projects to complete this fiscal year. These sections also meet the criteria to be resurfaced due to their rating on the Project Management System (PMS), which is referred to as PCI. These projects will help ensure safe travel in several residential areas of the City.

The Project generally consists of providing the necessary labor, equipment, and materials to overlay the three street segments. The streets to be overlayed and corresponding funding sources are as follows:

Measure I
Street From To Tonnage Est. Cost
Old Dale Rd. Manzanita El Sol 375 Tons $52,000.00
Joshua Dr. Lupine Ave. Morongo Rd. 285 Tons $40,000.00
Indian Cove Rd. Sullivan Rd. HWY 62 850 Tons $120,000.00 Total $212,000.00

Blue Diamond Material is the only company that can deliver cold mix to the City for these projects within Staff's specified time frame and quantity.

ENVIRONMENTAL:

Categorically exempt.

ALTERNATIVES:

The City Council could choose to deny the purchase of the overlay material.

FISCAL IMPACT:

The entire purchase will be funded by Measure I ($212,000.00) funding source.

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Mar 25 2025
SUBJECT: Lease agreement with Family Service Association of Western Riverside County.

RECOMMENDATION:

The City Council approve the lease agreement with Family Services Association (FSA) of Western Riverside County for the property located at 6539 Adobe Road, Twentynine Palms, CA 92277 and authorize the City Manager to execute all documents necessary to enter into the Lease Agreement including any necessary amendments.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• FSA Agreement 2025 0325
BACKGROUND:

On October 11, 2005, the City entered into a month-to-month lease agreement with Family Services Association (FSA) of Western Riverside for FSA to conduct a Nutrition for Seniors Program at the facility located at 6539 Adobe Road, Twentynine Palms.

The original lease agreement called for a monthly lease charge of $440 to cover the cost of all utilities. This fee was supposed to be increased by 5% on the anniversary date each year; however, the fee has only been increased twice since 2005 ($485.10 currently). City Staff is recommending the execution of a new month-tomonth lease agreement effective March 1, 2025 to bring the fee up to par. The new agreement will also address operational matters including FSA's compliance with local and safety codes as well as with facility rules and regulations. In specific, FSA must ensure the following: 1) proper preparation and service of food including, but not limited to, proper storage and cleaning of food and service-related equipment; 2) ALL food handlers (Staff and volunteers) must have all the required health and safety certifications and training to handle and service the food for the Nutrition Senior Program; 3) all tripping hazards are mitigated; and 4) obtain and maintain in full force and effect during the term of the agreement the necessary insurance policies set forth in Exhibit "A" of the attached agreement.

The Nutrition for Seniors Program will remain subject to the supervision and control of the City and facility manager (Reach Out Morongo Basin).

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose to add, change, or delete items within the lease.

FISCAL IMPACT:

Annual rent from FSA will increase from $5,821.20 to $14,004, with a 5% increase on the anniversary date of the contract each year.

CITY OF TWENTYNINE PALMS

COMMUNITY SERVICES DEPARTMENT

IMPLEMENTATION AND OPERATION CONTRACT
WITH

FAMILY SERVICES ASSOCIATIN OF WESTERN RIVERSIDE COUNTY
This Implementation and Operation Contract (“Contract”) is made and entered into this 25th day of March, 2025 by and between the City of Twentynine Palms, hereinafter referred to as “CITY” and the Family Services Association of Western Riverside County, hereinafter referred to as (“CONTRACTOR”).

Name
Family Service Association of Western Riverside County, herein referred to as CONTRACTOR.

Address
Suite 101, 21250 Box Springs Road, Moreno Valley, CA 92557 Telephone 951-342-3057 Federal ID
____________________________________
IT IS HEREBY AGREED AS FOLLOWS:

This Agreement shall be for a term of month to month, beginning March 1, 2025, and shall be automatically renewed from year to year, unless terminated as herein provided.

CITY does herewith agree to provide CONTRACTOR with use of the kitchen, and dining areas of the Twentynine Palms Senior Center, located at 6539 Adobe Road, Twentynine Palms, CA 92277, hereinafter referred to as “said premises” for conducting a Nutrition for Seniors Program.

CITY also agrees to provide or otherwise contribute supporting services to said Nutrition Program as may be within its capabilities and resources. Therefore, for and during the term of this Agreement, CITY and CONTRACTOR do mutually agree to and concur with the following:

1. The Nutrition for Seniors Program will include the following activities which will be conducted on said premises: Preparing and daily serving of a sufficient number of nutritionally balanced, hot congregant meals, home delivered meals, and program administration. CONTRACTOR shall have the use of said premises on Monday through Friday of each week from 8:00 a.m. to 1:30 p.m.

2. CITY agrees that said premises shall be made available to CONTRACTOR for a monthly charge of $1,167.00 to assist with recovery of the cost of all utilities (gas, water, electricity), and maintenance. CONTRACTOR will be required to pay for any repairs and general maintenance of equipment used and health permits that are related to the Senior Nutrition Program.

3. CONTRACTOR agrees to pay CITY $1,167.00 per month, no later than the 10th day of each month. This fee will increase by 5% on the anniversary date of the contract each year. See Exhibit A (20 Year fee increase schedule)

4. CONTRACTOR agrees to provide the required telephone service, including installation, at no cost to CITY.

5. After use of said premises, CONTRACTOR will provide general custodial maintenance to the kitchen area at no cost to CITY. CITY will provide general custodial maintenance to entire premises.

6. CITY reserves the right to use said premises for specific activities and purposes at such time and dates that will not conflict with established Nutrition for Seniors Program activities. Changes in scheduled utilization of said premises will be made by mutual consent of both parties to the Agreement when such changes do not limit prescribed Nutrition for Seniors Program requirements.

7. All recreational programs pursuant to this Agreement shall always remain subject to the supervision and control of CITY and facility manager (Reach Out Morongo Basin).

8. CONTRACTOR agrees to indemnify, defend and hold harmless CITY and facility manager (Reach Out Morongo Basin) from all liability, claims and lawsuits alleged to arise or arising from acts or omissions of CONTRACTOR, its officers, agents, employees, or volunteers, in the performance of this Agreement.

9. CONTRACTOR shall maintain liability insurance or shall self-insure in the amount of $1,000,000 combined single limits for property damage and bodily injury. CITY and facility manager, (Reach Out Morongo Basin) shall be named as an additional named insured on such policy.

10. CONTRACTOR shall provide required insurance coverage on all activities of the Nutrition for Seniors Programs as prescribed by CITY.

11. All equipment, fixtures and materials attached to said premises by CONTRACTOR in a permanent manner or nature as prescribed in existing building codes or regulations for subsequent installation, shall become the property of CITY upon termination of this AGREEMENT.

12. All equipment, fixtures, or other properties purchased by or placed on the premises by CONTRACTOR, which are of a moveable nature, shall remain the property of the CONTRACTOR.

13. All existing equipment, fixtures on the property belong to CITY and is considered “shared use” with the facility manager, (Reach Out Morongo Basin) and can be used by the CONTRACTOR for the purpose of the Senior Nutrition Program, and CITY will pay for the replacement of equipment if needed.

14. Any concerns or issues that arise during use of said premises will be addressed to the facility manager (Reach Out Morongo Basin) and the City of Twentynine Palms Community Services Director.

15. CITY will provide utilities, (water, gas, electricity) general maintenance, trash disposal, use of the kitchen and dining area of said premises for the purpose of the Senior Nutrition Program.

16. CITY will ensure compliance with local health and safety codes.

17. CONTRACTOR will adhere to the facilities rules and regulations of said premises.

18. CONTRACTOR will ensure proper preparation and service of food and adherence to food safety standards, to include proper storage of food, and the cleaning and proper storage of all food preparation and service-related equipment.

19. CONTRACTOR will provide professionally trained and food handler certified staff to prepare, serve, manage, and administer the Nutrition for Seniors Program.

20. CONTRACTOR will ensure that all volunteers are professionally trained, physically capable and when appropriate, certified and knowledgeable regarding the handling and service of food for the Senior Nutrition Program.

This Agreement may not be transferred, assigned, or subleased in whole or part, without the written consent of CITY.

Either party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party.

Upon termination of this Agreement, CONTRACTOR will leave said premises in the condition received, normal wear and tear expected.

In the event of destruction of said premises, this Agreement will be terminated immediately by CITY upon written notice thereof.

City of Twentynine Palms Family Service Association of Western Riverside County By: _________________________ By: __________________________________ Stone James, DPPD, City Manager
Date: ___________________ Date: ________________

EXHIBIT A

FSA Payment Schedule
Year Montly Fee
Contractual
Escalator Annual Fee
1 2025 $ 1,167.00 5% $ 14,004.00
2 2026 $ 1,225.35 5% $ 14,704.20
3 2027 $ 1,286.62 5% $ 15,439.44
4 2028 $ 1,350.95 5% $ 16,211.40
5 2029 $ 1,418.50 5% $ 17,022.00
6 2030 $ 1,489.43 5% $ 17,873.16
7 2031 $ 1,563.90 5% $ 18,766.80
8 2032 $ 1,642.10 5% $ 19,705.20
9 2033 $ 1,724.21 5% $ 20,690.52
10 2034 $ 1,810.42 5% $ 21,725.04
11 2035 $ 1,900.94 5% $ 22,811.28
12 2036 $ 1,995.99 5% $ 23,951.88
13 2037 $ 2,095.79 5% $ 25,149.48
14 2038 $ 2,200.58 5% $ 26,406.96
15 2039 $ 2,310.61 5% $ 27,727.32
16 2040 $ 2,426.14 5% $ 29,113.68
17 2041 $ 2,547.45 5% $ 30,569.40
18 2042 $ 2,674.82 5% $ 32,097.84
19 2043 $ 2,808.56 5% $ 33,702.72
20 2044 $ 2,948.99 5% $ 35,387.88

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 25 2025
SUBJECT: North Adobe Commercial Area.

RECOMMENDATION:

The City Council provide direction to Community Development Staff as to whether the area generally described as east of Adobe Road, northerly of Valle Vista Road, and along Condor Road should be studied for rezoning purposes to allow for light industrial and business park uses.

ORDER OF PROCEDURE:

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

The area generally described as east of Adobe Road, north of Valle Vista Road, and along Condor Road south of the military base is currently zoned for General Commercial Uses (CG). This allows typical commercial activities such as neighborhood shopping centers and hotels. However, light industrial uses and self-storage facilities are not allowed in that zone.

More than one property owner within this area has approached Community Development Staff about potentially constructing such items as self-storage facilities, auto repair, and other light industrial uses. Those uses are allowed in other land use districts such as Service Commercial (CS). Staff is looking for direction as to whether this area should be studied for a potential rezoning effort.

ENVIRONMENTAL:

None at this time.

ALTERNATIVES:

The City Council could provide direction not to explore changing the General Plan land use designation and zoning district.

FISCAL IMPACT:

None.

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 25 2025
SUBJECT: Environmental Impact Report Agreements.

RECOMMENDATION:

The City Council authorize the City Manager to enter into necessary agreements between applicants, the City, and relevant consultants when an Environmental Impact Reports (EIRs) are required for private developments.

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
BACKGROUND:

The Community Development Department, pursuant to City Council direction, has assembled and is maintaining a list of qualified consultants for actions performed pursuant to the California Environmental Quality Act (CEQA).

Environmental Impact Reports are typically very intense efforts to conduct, requiring large amounts of Staff time as well as several hundreds of thousands of dollars in preparation and publishing. Staff is recommending that, for private developments requiring an Environmental Impact Report, all costs incurred by the City should be reimbursed by the applicant. As such, a corresponding agreement should be in place between the City, the City's CEQA Consultant, and the project proponent. This agreement would outline the costs and responsibilities of each of the three parties.

Staff is recommending that, since all costs incurred by the City for the preparation of an EIR on private developments are reimbursable, the City Manager would be the appropriate entity to sign such an agreement on behalf of the City.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could require that any EIR reimbursement agreements be also signed by the Mayor with the consent of the City Council.

FISCAL IMPACT:

None.

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 25 2025
SUBJECT: Approval of the San Bernardino County Department of Publlic Health Environmental Health Services Street Vending Collaboration Program.

RECOMMENDATION:

The City Council approve the participation in the San Bernardino County Department of Publlic Health Environmental Health Services Street Vendor Collaboration Program.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
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ATTACHMENTS:
• SB 946
• Street Vending Collaboration
Program - Terms of Use
Agreement
• EHS PErmit Flowchart
• EHS Sidewalk-Vendors-Flyer
BACKGROUND:

On January 1, 2019, the statute SB 946 came into effect, which decriminalizes street vending in California. It allows vendors to obtain a permit and outlines the process to pay and file taxes. This law considers street vendors as micro-entrepreneurs. The legislation prohibits all current sidewalk vending regulations unless they are consistent with SB 946. It also prohibits cities from limiting the total number of vendors unless doing so is directly related to objective health, safety or welfare concerns. The San Bernardino County Department of Public Health Environmental Health Services (EHS) has created a path for street food vendors to obtain a permit to be able to sell food, however it has found that the large number of food vendors they encounter are unpermitted, serving unsafe foods and not following health and safety guidelines.

The San Bernardino County Department of Public Health Environmental Health Services (EHS) is the government entity that oversees the issuance of permits, inspections and compliance for all food related businesses in our jurisdiction. Due to the increasing number of unpermitted street vendors within San Page 35 of 50 Bernardino County, the Street Vendor Collaboration Program was created to assist cities within the county's jurisdiction with enforcement and overview of these establishments.

The Department of Public Health Environmental Health Services created the Street Vending Collaboration Program to:
 Standardize Procedures - Establish a clear framework for participating agencies when conducting street vendor surveys and educational outreach.
 Enhance Food Safety - Ensure that street vendors comply with health and safety regulations to protect public health.
 Promote Collaboration - Foster cooperation between city agencies, EHS, and law enforcement to streamline operations and improve outcomes during street vendor visits.  Provide Support and Education - Equip Street vendors with the knowledge and resources necessary to maintain safe and compliant operations.

The City of Twentynine Palms Code Enforcement Department has been addressing the current increase in unpermitted street vendors on a weekly basis. The Code Enforcement Department has been collaborating with EHS and the San Bernardino County Sheriff's Department in an attempt to deter unpermitted street vendors from setting up within City limits. Unlike the brick-and-mortar food businesses within the City, the unpermitted food vendors pose a high risk of potential health concerns, and these businesses have been found on some occasion to be heavily tied with criminal activities such as human trafficking. The Street Vending Collaboration Program will provide City Staff the tools to conduct street vendor inspections, distribute educational material on how to obtain compliance, collect the data required for EHS Inspectors review and if required the embargo of all unsafe food. City Staff will have the ability to embargo all unsafe food by the authority of the EHS inspector (City could opt out of the embargoing of food portion of the collaboration).

By the City participating in this collaboration program, it provides:

1. EHS Inspector direct contact.

2. Training for City Staff to identify unsafe foods.

3. Access to data collected regarding unpermitted Street Vendors visits.

4. Educational Material to distribute to all Street Vendors

5. Consistent and effective field operation approach guidelines.

City Code Enforcement Staff believes that the participation of the San Bernardino County Department of Publlic Health Environmental Health Services Street Vendor Collaboration Program will be vital in effectively working towards the common goal of maintaining a safe and thriving street vending environment in our city.

ENVIRONMENTAL:

Participation in the Street Vendor Collaboration Program with the option to impound all unsafe foods would require the City to obtain organics receptacles and services from Burrtec Waste and Recycling.

ALTERNATIVES:

The City Council could opt to not participate in the Street Vendor Collaboration Program.

FISCAL IMPACT:

The San Bernardino County Department of Publlic Health Environmental Health Services Street Vendor Collaboration Program participation is free.

Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.

This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.

The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93

vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The people of the State of California do enact as follows:

SECTION 1. (a)  The Legislature finds and declares all of the following:
(1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:

Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a)  “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b)  “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 Ch. 459 — 2 —

(c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d)  “Local authority” means a chartered or general law city, county, or city and county.
51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b)  A local authority’s sidewalk vending program shall comply with all of the following standards:
(1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 — 3 — Ch. 459

unless the restriction is directly related to objective health, safety, or welfare concerns.
(c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions.
(3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law.
(7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following:
(1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 Ch. 459 — 4 —

Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 — 5 — Ch. 459

(c)  Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2)  Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e)  A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f)  (1)  When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3)  The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g)  (1)  A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(2)  Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
93 Ch. 459 — 6 —

(3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

O
93 — 7 — Ch. 459

TERMS OF USE

STREET VENDING

COLLABORATION

PROGRAM

The Department of Public Health Environmental Health Services (EHS) has created a Street Vending Survey and Dashboard to collect and report on street vending activities within San Bernardino County. The Terms of Use apply to cities participating in the Street Vending Survey (SVS), and Street Vending Dashboard (SVD). The SVS utilizes Esri’s ArcGIS Survey123 and the SVD utilizes Esri’s ArcGIS Dashboards.

The Terms of Use outline the requirements for the participating city to acquire access to the SVS and, SVD including the security measures the participating city must follow.

BACKGROUND
EHS created a Survey within the ArcGIS platform, granting access to submit information related to street vending activity.

The SVS does not require additional permission or licensing for utilization. The participating city will only share the SVS link to applicable city staff assigned to collect accurate data on the street vending activity.

As part of the collaboration between EHS and the incorporated cities within San Bernardino County, EHS staff will train city staff on using the SVS, which collects data to be shown on the SVD. After training has been completed, EHS will share the SVS link with the participating city. All cities who participate with EHS in collecting data will have access to the SVD. All cities will be able to see other participating cities’ data as well as data entered by EHS.

STREET VENDING SURVEY (SVS) ACCESS

STREET VENDING SURVEY AND

DASHBOARD TERMS OF USE

EHS has created an ArcGIS Group within the ArcGIS platform, granting view access to the dashboard. Through this collaboration, all city-designated parties will have access to the dashboard, which aggregates data collected via the SVS.

The following steps will be required to start the process of entering into the collaboration:

The city must have an ArcGIS Online account and provide the ArcGIS Online Organization URL Provide a minimum of one city representative that will act as the collaboration’s point of contact and include the following:

Collaborator’s Name
Collaborator’s Email
Collaborator’s Position Title
Collaborator’s Department
Collaborator’s ArcGIS Online User Account Name
The City’s ArcGIS Online URL
Once the Terms of Use has been signed by the participating city, a Microsoft Form survey will be sent to the city collaborator. The survey will be used to indicate the individuals that will need access to the SVD.

In the survey, include all individuals that will need access to the dashboard and include the following for each:

Name
Email
Position Title
Department
ArcGIS Online User’s Account Name
Once the form has been completed, access will be given to the indicated individuals within 1 to 2 business days.

STREET VENDING DASHBOARD (SVD) ACCESS

STREET VENDING SURVEY & DASHBOARD TERMS OF USE

STREET VENDING SURVEY & DASHBOARD USER GUIDE

Security features established by EHS:

All ArcGIS data will be monitored and controlled by EHS.

Security protocols are in place to delete and modify survey content.

Inappropriate pictures or unapproved changes will be immediately removed from the dashboard.

Any new changes must be discussed and approved by EHS.

For the ArcGIS environment, Two-Factor Authentication will be enforced to better secure our accounts.

Please note: Each city must have their own ArcGIS organization and user’s account in order to be invited to the ArcGIS Group. If unsure whether an ArcGIS organization being used, the city should contact their IT system administrator.

Security measures to be followed by the participating city:

The participating city is responsible for providing an updated representative name, email, and current account username to EHS.

If a representative or city group member should no longer be a part of this collaboration, EHS should be notified immediately in order to remove them from the ArcGIS Group.

The information contained on the dashboard is protected and should not be shared outside the collaboration without notifying and having approval from EHS.

The link to the SVS must only be shared with applicable staff collecting accurate data of the street vending activity.

The participating city must follow the correct protocol to ensure the dashboard and credentials are not shared with people outside of the organization.

Each participating city is responsible for the security of their own ArcGIS account.

Please note: Failure to follow the security measures established by EHS will result in removing the city from this collaboration and ending the partnership.

SVS/SVD SECURITY MEASURES

Resources: User guides are available for both the SVS and SVD and will be shared to the participating city as part of the onboarding of the group collaboration.

Requests for survey/dashboard changes: Requests for survey or dashboard changes should be submitted to Request for Changes Survey.

ADDITIONAL INFORMATION
The geographic information available by and through EHS is presented as a public resource of general information. The information may include both map data and data provided by EHS. Data provided by EHS is maintained for internal use only. While EHS strives to maintain the accuracy of the content of its data files, it makes no claims, promises, or guarantees of the accuracy, completeness, or adequacy of the contents of the files. EHS assumes no responsibility for the use of the information provided and the information is provided “as is”. No warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for particular purposes, is made. It is the responsibility of the recipient of this data to determine that the level of accuracy meets the needs of their application before making any judgments or decisions based on this information. EHS is not responsible for any damages that may arise from the use of, or inability to use, the information provided and EHS is not responsible for losses caused by infringement of any United States patent, copyright, trademark, or trade secret based on data provided by participating cities.

GIS DATA DISCLAIMER
City Name City Representative Name
The signature below relays an understanding, and approval of the purpose and approach to the Terms of Use. By signing below, you agree to the terms included in this document and understand what is needed to follow the correct protocols to protect the data being shared by EHS.

Date Signature

What typeof foodoperation
doyou have?
Nonmotorizedand Unenclosed
Prepackagedfooditems
Whatdoyouplan toprepareandsell?
Open food with limitedfoodpreparation Open foodpreparation Whatdoyouplan toprepareandsell?
Prepackagedfooditems
Enclosedand Motorizedor towedby motorizedvehicle
Low risk
CMFO/Cart**
Low risk
MFF/Vehicle
Medium risk
CMFO/Cart**
Medium risk
MFF/Vehicle
High risk
MFF/Vehicle
High risk
CMFO/Cart**
NOTcooking
raw meat
Cooking
raw meat
Limitedfood
preparation
Prepackaged
non PHF
Permit may
notbe
required*
Prepackaged
PHF
***Full food preparation includes:

SlicingandchoppingofPHF
Thawing
Grindingraw ingredientsorPHF Coolingof cookedPHF
Washingof foods
CookingPHFfor lateruse
Handlingofanydairyordairyproducts
*Contact us to discuss your requirements
I want to start a food vending operation,
what permit do I need?
**If a CMFO suits your needs, check out our CMFO Risk Flyer.

Full food
preparation***
Foranyquestions,pleasecontactEnvironmental Health Servicesat (800)442-2283.

Plan check mayberequiredfor low riskoperations.

Plan checkis requiredforall medium and high riskoperations.

Limitedfoodpreparation includes cuttingfruit, steaming hotdogs,preparingcoffee, shavedice,etc.Forafull definition forLimitedFoodPreparation,pleaseseeCalCodeCh.2113818 PHF:Potentially HazardousFoods
CMFO:Compact MobileFood Operation that conducts
limitedfoodpreparation
Motorized:Fullyenclosedvehiclesor fullyenclosedtrailers towedbyavehicle
NON PHF: Nonpotentially HazardousFoods
Enclosed:Theoperator works insideofatruckor trailer
Unenclosed:Theoperator is not insidetheoperation
PermitTypes PermitTypes

SIDEWALK

VENDORS
What is a sidewalk vendor?
A person who sells food from a stand, display, showcase, rack, approved transport (pedal-driven cart, pushcart, or wagon), or other non-motorized transport, or from one’s person, upon a public sidewalk or other pedestrian path. Sidewalk vendors fit under two categories:
• Stationary Vendor: Selling food in a fixed location without assistance from a transport. • Roaming Vendor: Selling food while moving from place to place whether by foot or approved transport.

Where can a sidewalk vendor operate?
A sidewalk vendor may operate anywhere other than the following locations:
• Near a certified farmer’s market, swap meet, or area with a temporary special permit. • A residential zone if permitted as a stationary vendor. • A park or public right-of-way, if operation becomes a concern for the objective health, safety, and welfare of others.
• A park, if the operation unreasonably interferes with public’s use and enjoyment, or unreasonably interferes with the scenic and natural character of the park.
• A park where the operator of the park retains exclusive rights to the sale of food.

Sidewalk vendors should contact local city and county land use departments for additional requirements.

Where can a sidewalk vendor obtain food intended for sale? All food and drinks must come from an approved source or from a facility permitted with Environmental Health Services (EHS).

What are the requirements for sidewalk vendors who sell food? Sidewalk vendors are required to abide by the Health and Safety Code, commencing with §113700.

CEH-FD-FLY008 (12/18) MH:SM
Stationary or Roaming Vendors on Foot
• Must have a valid health permit from San
Bernardino County
• May sell:
- Prepackaged foods NOT requiring refrigeration
- Prepackaged frozen foods
- Whole uncut fruit or vegetables
• May NOT sell:
- Food prepared onsite (e.g. tacos, cut fruit)
- Food requiring refrigeration
- Unpackaged and/or opened food
Roaming Vendor Using an Approved Transport
• Must have a valid health permit from EHS
• May be subject to a plan check from EHS (contact
EHS to find out more)
• Must meet all Mobile Food Facility regulations
as outlined in the California Retail Food Code,
§114294-114327
Sidewalk vendors can now operate with proper approvals effective January 1, 2019 Senate Bill 946
For more information, call EHS at (800) 442-2283
Review the California Retail Food Code at:
wp.sbcounty.gov/dph/programs/ehs/food-facilities
Review Senate Bill 946 at:
www.leginfo.legislature.ca.gov Page 50 of 50