Agenda — Twentynine Palms City Council, October 13, 2026

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
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City Council Regular Meeting Tuesday, October 13, 2026, 6:00 Date and time:

Tuesday, October 13, 2026, 6:00 (UTC-07:00) Pacific Time (US & Canada) Tuesday, October 13, 2026
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, October 13, 2026 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 - Apostle Jamie Brock, The Sanctuary Church.

Roll Call.

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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. Proclamation Recognizing Breast Cancer Awareness Month.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CITY MANAGER UPDATE

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

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

3. Annual Development Impact Fee Report for FY 2025-26.

Recommendation: The City Council receive and file the City's Annual Development Impact Fee report for FY 2025-26 pursuant to Government Code Section 66000, et. al.

Annual Development Impact Fee Report for FY 2025-26. - Pdf 5 - 20

4. Second Reading of Ordinance Addressing the Removal of Encampments.

Recommendation: The City Council conduct the second reading of one Ordinance entitled:

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA ADDRESSING THE REMOVAL OF ENCAMPMENTS.

Second Reading of Ordinance Addressing the Removal of Encampments. - Pdf 21 - 46

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING - NONE

DISCUSSION AND POTENTIAL ACTION ITEMS - NONE

FUTURE COUNCIL INITIATED ITEMS

1. Shade Structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

2. Discussion on the use of City fund for grant applications.

3. Discussion on the next steps of reallocating $1.3 million for housing.

4. Review and revision to Municipal Code 5.08 related to Cannabis uses to bring the City up to par with new legislation and State law.

5. Discussion regarding a Moratorium on Data Centers.

6. Discussion on Proposition1 and Consideration of adopting a Resolution to support Veterans and the Affordable Housing Act.

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7. Discussion to consider expanding Two Mile Road, look into grant funding to add curb, gutter, and bike paths from Mesquite Springs Road to Encelia.

8. Discussion on the Music Valley Mine.

9. Identify areas for safe parking for the unhoused.

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.

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. October 8, 2026.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Oct 13 2026
SUBJECT: Annual Development Impact Fee Report for FY 2025-26.

RECOMMENDATION:

The City Council receive and file the City's Annual Development Impact Fee report for FY 2025-26 pursuant to Government Code Section 66000, et. al.

ORDER OF PROCEDURE:

In 1987, the California Legislature passed Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Government Code, Sections 66000 et seq.) that governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.

Government Code 66006(b) states the following requirements as it pertains to Development Impact Fees:

For each separate account or fund established, AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each Fiscal Year, the City must make available the following information from the prior Fiscal Year:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of fees collected, and interest earned.

5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement including the total percentage of the cost of the public improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

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7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

8. The amount of refunds made (as pursuant to GC 66001 e) due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made (as pursuant to GC 66001 f) due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

Government Code 66001(d) (1) states the following requirements as pertains to Development Impact Fees:

For the fifth Fiscal Year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding referred to in subparagraph C is expected to be deposited in the appropriate account or fund.

The City has the following Development Impact Fees:

Fund 12 - Curb, Gutter, and Sidewalk Impact Fee (Street Improvement In-Lieu Fee). The fee was calculated according to the linear street frontage of the lot on which the new development occurred. Ordinance No. 318 repealed and replaced this fee with a Development Impact Fee calculated based on the square footage of proposed structures. Effective June 27, 2024, only interest and fair market value adjustments related to investments will be allocated to this fund until the current fund balance is exhausted. A summary of this Fund's activity and fund balance for the Fiscal Year ending June 30, 2026, is listed on page 5 of the attached report.

Fund 15 - Development Impact Fee - Transportation (Transportation Impact Fee). This fee was adopted on May 14, 2024, through Ordinance No. 318. The established fee is calculated according to the square footage of the proposed construction. A summary of this Fund's activity and fund balance for the Fiscal Year ending June 30, 2026 is listed on page 9 and 10 of the attached report. 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 Highway.

The Development Impact Fees during FY 2025-26 are as follows:

Residential Dwelling Units
Single Family - $3.02/Sq. Ft.

Multifamily - $3.25/Sq. Ft.

Nonresidential
Commercial - $8.76/Sq. Ft.

Office - $9.18/Sq. Ft.

Industrial - $5.31/Sq. Ft.

The annual report has been posted on the City's website for public viewing. The next required Five-Year report is due in 2029 for Fiscal Year ending on June 30, 2029.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose to revise the report as needed; however, the report as submitted complies with Government Code, Sections 66000 et seq. requirements.

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FISCAL IMPACT:

None. The proposed projects will be included in the annual Special Funds budgets as needed.

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10/06/2026

DEVELOPMENT IMPACT FEE

ANNUAL REPORT
For the Fiscal Year Ending June 30, 2026
Prepared by:

Finance Department
6136 Adobe Road
Twentynine Palms, CA 92277
Telephone: (760) 367-6799

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TABLE OF CONTENTS
SUMMARY AND BACKGROUND............................................................................................... 1 REQUIREMENTS OF THE MITIGATION FEE ACT (AB1600)……………………………………..2 ANNUAL REPORT…................................................................................................................... 3 FUND 12 - CURB, GUTTER, AND SIDEWALK IMPACT FEE
Requirement 1 – Description of fee type………………………………………………………3 Requirement 2 – Amount of fee....……………………………………………………………..4 Requirement 3 – Fund balance………………………………………………………………...4 Requirement 4 – Amount of fees collected…………………………………………………...5 Requirement 5 – Public improvements…………………………………………...…………...5 Requirement 6 – Current and future expenditure………………………………..…………...5 Requirement 7 – Interfund transfers and loans……………...…………………..…………...6 Requirement 8 – Refunds……………………………………………………………………….6
FUND 15 - DEVELOPMENT IMPACT FEE – TRANSPORTATION
Requirement 1 – Description of fee type………………………………………………………7 Requirement 2 – Amount of fee....……………………………………………………………..7 Requirement 3 – Fund balance………………………………………………………..…….....9 Requirement 4 – Amount of fees collected……………………………………………………9 Requirement 5 – Public improvements…………………………………………...………….10 Requirement 6 – Current and future expenditure………………………………..………….10 Requirement 7 – Interfund transfers and loans……………...…………………..………….11 Requirement 8 – Refunds……………………………………………………………………..11

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SUMMARY AND BACKGROUND
Development Impact Fees are fees imposed by local governments on new development projects to finance the acquisition, construction, and improvement of public facilities and infrastructure needed to serve those projects. California state law requires local agencies to prepare a report on the status of their Development Impact Fee (DIF) program on an annual basis and make additional findings every fifth year. This report meets the legal requirements for Fiscal Year (FY) 2025-26 (July 1, 2025, through June 30, 2026). The next Five-Year report is due in 2029 for FY ending on June 30, 2029.

Chapter 19.90 – Dedications and Improvements, of the City’s Development Code establishes the standards for when street dedications will be required, what infrastructure improvements will be required for a development project, provides a process to delay or defer required improvements, and establishes Development Impact Fees. In lieu of requiring the construction of the street improvements required by this Chapter, a street improvement impact fee may be assessed, at the discretion of the City Engineer, in connection with the issuance of a development permit for new construction. The amount of the fee shall be calculated according to the length of street frontage of the lot on which the development is to occur.

On May 14, 2024, the City Council approved and adopted Ordinance 318, effective June 27, 2024, amending Section 19.90.080 of the Development Code – Development Impact Fee. The Development Code amendment effectively established legal access and replaced 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.

Effective June 27, 2024, the City of Twentynine Palms stopped collecting the Street Improvement Impact Fee based on the linear street frontage. The table below summarizes the City’s approved Impact Fees and provides the fund that the fees are deposited into.

Fund Name Description Fund
#
Curb, Gutter & Sidewalk
Impact Fee Fund
Effective June 27, 2024, only quarterly interest
will be allocated to this fund based on its fund
balance. Fee was calculated according to the
linear street frontage of the lot on which the
new development occurred.
12 Development Impact
Fee – Transportation
Fund
Fee is calculated according to the square
footage of the proposed structures. 15

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REQUIREMENTS OF THE MITIGATION FEE ACT (AB1600)
Assembly Bill (AB) 1600, commonly known as the Mitigation Fee Act, was enacted by the state of California in 1987 and created Section 66000 et. seq. of the Government Code and was amended by AB518 and Senate Bill (SB) 1693. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected, and interest earned.

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees.

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.

7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended.

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).

The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than 15 days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY 2025-26.

Prior to 1996, The Mitigation Fee Act required local agencies that collected impact fees to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee will be put.

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.

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4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

Those findings are to be made in conjunction with the annual reports discussed above.

If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).

Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

ANNUAL REPORT
The following section provides information necessary to meet the annual reporting legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees. It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified. Loans and refunds, if any, are also identified in this report.

Fund 12 – CURB, GUTTER, AND SIDEWALK IMPACT FEE
REQUIREMENT 1.

1.1 Current Impact Fees
The Development impact fee in the City of Twentynine Palms is referred to as the Street Improvement In-lieu Fees. These fees are one-time charges levied on new development in The City of Twentynine Palms to fund various street improvements within the City.

1.2 Purpose and Use of the Fees
The City’s Development Code requires the installation of Street Improvements, curbs, gutters, sidewalks and match up paving, as a condition of approval for residential, commercial, industrial, and public use development. The City adopted the Street Improvement Impact fee as an option to or “in-lieu of” constructing the offsite improvements.

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REQUIREMENT 2.

2.1 Current Fee Schedule
As required by the California Mitigation Fee Act (Govt. Code sections 66001 et seq.) a street improvement in-lieu fee (Fee) Study was prepared, and the fee was adopted on December 12, 2006, through Ordinance 200. The established fee applied to construction of a new single-family residence or new second dwelling unit with kitchen. On July 22, 2008, City Council amended Chapter 19.85 of the City’s municipal code and authorized the imposition of a Citywide Street Improvement Impact fee to include new multi-family dwellings, commercial, industrial, and public use development (Ordinance 212).

As discussed in the Fee Study, the fee is calculated at $75 per linear foot of street frontage, up to 150 feet. The City Engineer estimated at the time of establishing the fee, that this amount represents the average cost of the improvements. The Fee Study indicates that the 150-foot maximum and the $75 per linear foot fee bears a rational relationship to the need for the improvements and the type of project on which the fee is imposed.

The Fee Study further concluded that the fee and the 150-foot frontage limit are rationally related to the need for improvements related to the proposed residential development.

Thus, the maximum fee that can be assessed on a single lot project is $11,250. If a property has a 70’ frontage, the property owner would pay $5,250 (70’ x $75). If a property has a 660’ frontage, the property owner would pay $11,250 (150’ x $75). In order to account for increased construction costs relating to material and labor, the fee mentioned above has been increased by an inflation factor equivalent to the Consumer Price Index each following fiscal year after fiscal year 2006-2007. The last time this fee was collected was during FY 2023-24 at a rate of $87.22 per linear foot.

Funds collected pursuant to the fee were placed in a Street Improvement Fund (Curb, Gutter, & Sidewalk Impact Fee Fund), which is restricted, and expenditures shall be related to the construction of curbs, gutters, and sidewalks. Additionally, to manage this program efficiently and effectively, the funds collected will not necessarily be used to construct street improvements on the same street from where the funds are received.

Rather, the ordinance permits the funds in the Street Improvement Fund to be used for street improvements in accordance with the City of Twentynine Palms General Plan Circulation Element.

REQUIREMENT 3.

Table 1 summarizes the beginning and ending fund balances for the Street Improvement In-lieu Fee for fiscal year 2025-26.

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REQUIREMENT 4.

Table 1 summarizes the fees collected and the interest earned for the Street Improvement In-lieu Fee for fiscal year 2025-26.

Table 1: FINANCIAL SUMMARY
The following financial summary report provides a statement of revenue, expenditures, and changes in fund balance for the Street Improvement In-lieu Fee for the Fiscal Year End June 30, 2026.

Fund Description Street Improvement Impact Fee

REVENUES
Fee $ 0.00
Interest $12,728.69
Fair Market Value Adjustment $ (768.49)
Loan Payments $ 0.00
Other Revenue $ 0.00
Transfers In $ 0.00
Total Revenues $11,960.20

EXPENDITURES

Expenditures $ 620.00
Loan Payments $0.00
Total Expenditures $ 620.00
REVENUES OVER (UNDER) EXPENDITURES $ 11,340.20
Fund Balance, Beginning of the Year1 $303,472.26
Fund Balance, End of the Year1 $314,812.46
1 Beginning and Ending Fund Balances match financial reports provided by the City's Finance Department REQUIREMENT 5.

Table 2 summarizes the expenditures on Street Improvements In-lieu Fee projects for fiscal year 2025-26.

REQUIREMENT 6.

Table 2 summarizes the current and planned future expenditures from the Curb, Gutter, & Sidewalk Impact Fee Fund, and the anticipated construction start date. As additional funds become available, the City will work on identifying and budgeting for eligible projects and will include the projects in future budgets.

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Table 2: PUBLIC IMPROVEMENTS
This table identifies each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees. This table also identifies the approximate date by which the construction of the public improvement will commence.

Project
Name
Project
Start
Project
Finish
Project
Phase
Total
Project
Funding
Total
Impact Fee
Funded
Amount
% Impact
Fee
Funded
Total PY
Impact Fee
Expenditures
FY 2025/26
Fee
Expenditures
Impact Fee
Funding
Remaining
Safe Route to
School 2017/18 2025/26 CLOSED $1,575,614 $273,031 17% $272,411 $620 $0 Cholla
Avenue
improvement 2022/23 2025/26 CLOSED $515,459 $515,459 100% $515,459 $0 $0 TOTAL $2,091,073 $788,490 $787,870 $620 $0
REQUIREMENT 7.

7.1. Interfund Transfers and Loans
The Mitigation Fee Act requires a description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended. There were no interfund transfers or loans made between impact fee funds in Fiscal Year 2025-26.

REQUIREMENT 8.

8.1. Refunds
In Fiscal Year 2025-26, no such determination has been made regarding sufficient funds collected to complete incomplete improvements. Therefore, no refunds were made or required. The refunding requirements for both the Mitigation Fee Act is summarized as follows:

Refunds under the Mitigation Fee Act: If the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Government Code Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

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Fund 15 – Development Impact Fee - Transportation
REQUIREMENT 1.

1.1. Current Impact Fees
The Development Impact Fees will be assessed in connection with the issuance of a development permit for new construction.

1.2 Purpose and Use of the Fees
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 is to support this goal by providing a funding source from new development to fund its fair share of transportation facilities as new development adds traffic to the City’s roadways
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.

REQUIREMENT 2.

2.1 Current Fee Schedule
As required by the California Mitigation Fee Act (Govt. Code sections 66001 et seq.) a Transportation Impact Fee (Fee) Study was prepared and approved by City Council on September 12, 2023. The fee was adopted on May 14, 2024, through Ordinance 318.

The established fee is calculated according to the square footage of the proposed construction. Table 3 below summarizes the cost estimates needed to serve the City through 2040 and the cost allocated to new development.

As discussed in the Fee Study, the fees are intended to provide a funding source from new development to fund new development’s fair share of the transportation improvements identified in Table 5. 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.

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Table 3 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.

Table 3: Maximum Justified Impact Fee Schedule
A B C = A x B D = C x 0.02 E = C + D F = E / Average
Land Use Cost
Per Trip
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 dwelling unit or per 1,000 square feet of nonresidential building space. 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 dwelling unit and 1,010 per multifamily unit in 29 Palms derived from 2019 American Housing Survey data for the Riverside - San Bernardino County MSA.

The fee study recommends the City to use the Engineering News Record's Construction Cost Index to periodically adjust for inflation the Transportation Impact Fees. In Fiscal Year 2025-26, the fee schedule was adjusted by a factor of 1.0278064, which was calculated based on the change in the Engineering News Record's Construction Cost Index from July 2023 to April 2025. The adjusted fees for Fiscal Year 2025-26 are as follows:

Land Use
FY 2024-25
Fee per Sq. Ft.

FY 2025-26
Fee per Sq. Ft.

Residential Dwelling Units
Single Family $2.94 $3.02
Multifamily $3.16 $3.25
Nonresidential - per 1,000 Sq. Ft.

Commercial $8.52 $8.76
Office $8.93 $9.18
Industrial $5.17 $5.31

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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.

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.

REQUIREMENT 3.

Table 4 summarizes the beginning and ending fund balances for the Development Impact Fee for fiscal year 2025-26.

REQUIREMENT 4.

Table 4 summarizes the fees collected and the interest earned by the Development Impact Fee – Transportation fund for fiscal year 2025-26.

Table 4: FINANCIAL SUMMARY
The following financial summary report provides a statement of revenue, expenditures, and changes in fund balance for the Development Impact Fee – Transportation fund for the Fiscal Year End June 30, 2026.

Fund Description Development Impact Fee - Transportation

REVENUES
Fee $152,350.26
Interest $ 9,955.12
Fair Market Value Adjustment $ (474.91)
Loan Payments $ 0.00
Other Revenue $ 0.00
Transfers In $ 0.00
Total Revenues $161,830.47

EXPENDITURES

Expenditures $ 0.00
Loan Payments $ 0.00
Total Expenditures $ 0.00

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REVENUES OVER (UNDER) EXPENDITURES $161,830.47
Fund Balance, Beginning of the Year1
$128,685.25
Fund Balance, End of the Year1 $290,515.72
1 Beginning and ending Fund Balances match financial reports provided by the City's Finance Department REQUIREMENT 5.

Table 5 summarizes the projected expenditures for Transportation Impact Fee projects.

REQUIREMENT 6.

Table 5 summarizes the current and planned future expenditures from the Development Impact Fee – Transportation fund, and the anticipated construction start date. As additional funds become available, the City will work on identifying and budgeting for eligible projects and will include the projects in future budgets.

Table 5: PUBLIC IMPROVEMENTS
This table identifies each public improvement on which fees will be expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees. This table also identifies the approximate date by which the construction of the public improvement will commence.

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

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11 | Page
REQUIREMENT 7.

REQUIREMENT 8.

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Oct 13 2026
SUBJECT: Second Reading of Ordinance Addressing the Removal of Encampments.

RECOMMENDATION:

The City Council conduct the second reading of one Ordinance entitled:

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA ADDRESSING THE REMOVAL OF ENCAMPMENTS.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Question of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Twentynine Palms
Memorandum - Removing
Personal Property from Public
Areas
• California Governors' Model
Ordinance - Addressing
Encampments with Urgency
and Dignity
• Ordinance - Encampments
and Public Spaces
• Exhibit A - Ordinance on
Encampments
BACKGROUND:

After the Supreme Court's decision in Grants Pass v. Johnson clarified that officials could take reasonable actions to clear encampments, California’s Governor signed Executive Order N-1-24, which directed State agencies to develop policies to prioritize addressing encampments on state property while providing reasonable advance notice and partnering with shelter and services providers. Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take urgent action to humanely remove encampments from public

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spaces. Furthermore, the Governor directed the California Interagency Council on Homelessness to create guidance by way of a model Ordinance for local governments to follow in creating and implementing those programs. The City used this model Ordinance to put together the Ordinance that went before the City Council at the September 29, 2026, meeting. Tonight is the second reading of the Ordinance for consideration.

The model Ordinance is intended to provide a starting point that jurisdictions may build from and adjust in creating their own policies. lt draws from the state's proven and workable approach - an approach that, between July 2021 and May 2025, has cleared more than 16,000 encampments and over 31 million, 873 cubic yards of debris from sites along the state right-of-way. These results demonstrate that the policy is both effective and scalable, offering a sound, adoptable framework for jurisdictions to resolve encampments with urgency and dignity.

The City's Code Enforcement Department and the City Attorney's office have been collaborating in researching the Governor's Executive Order, federal law, case study across the nation to identify Pre-and Post - Depravation Requirements for Removal of a Person's Property from Public Areas: Attended and Unattended Items. The City Attorney's Office has drafted a Memorandum (attached) clearly identifying the Constitutional Framework, Categories of Property, and Pre- and Post-Deprivation Requirements.

The City of Twentynine Palms in collaboration with the San Bernardino County Sheriff's Department have started to strategize in an effort to deter unhoused encampments on public spaces. The new deputy assigned to the Special Operations Unit (which handles unhoused individuals and encampments) alongside City Code Enforcement have been working together to identify the locations of encampments, properties that have current Trespass Authorization Forms executed, public spaces affected and obtaining resources for storage of collected belongings. It is extremely important to understand that unabandoned personal property found in public areas are protected by the Fourth and Fourteenth Amendment, which prohibits unreasonable seizures and requires due process before depriving individuals of their property. Courts across the Country have held that immediate and unfettered destruction of unabandoned property is unreasonable and that due process generally requires advance notice and a meaningful recovery process. These requirements do not extend to abandoned items, immediate health and safety hazards, contraband, or evidence of a crime, which may be disposed of or seized without prior notice. To comply with due process, the State of California recommends providing a pre-depravation notice generally 48 hours in advance of an enforcement action and storing property for at least 60 days before disposal.

Unattended, Attended, and Abandoned Property
It is important to note that neither the legislature nor the courts have expressly recognized a distinction between attended and unattended property stored in public areas (in contrast to abandoned property, which is discussed separately below). This has made the process difficult for code enforcement officers across the State to conduct cleanup efforts in public spaces without considering possible litigation because attended and unattended belongings found on public property are constitutionally protected. The best course of action is to provide adequate notice prior to the enforcement action (48 hours prior to enforcement), to store the property for a designated amount of time (60 days before disposal), and to allow the property owner to retrieve their belongings. The City's seizure conducted under those provisions would likely be found reasonable and in compliance with due process. It must also be noted that if the property owner is present with their property while enforcement action is taking place, the government should provide the property owner with an opportunity to pack up their belongings before seizing them. If the property owner decides not to pack up the belongings after receiving notice and an opportunity to pack up, the City can most likely remove the items without providing a pre-depravation hearing. However, without a Hearing, the City should provide the property owner with a postseizure notice, or property receipt, documenting the items seized and when/where they can be retrieved.

Abandoned property stored in public areas is not protected by statute or the constitution; therefore, the key inquiry for city officials is whether the property is abandoned or temporarily unattended. Rather than undergo a difficult process of determining what property is abandoned, trash, or temporarily unattended, the California Governor's Model Ordinance suggests collecting all "personal belongings" that are not health and safety hazards, tagging and storing for no less than 60 days following the enforcement action. Health and Safety hazards include but are not limited to:
 Sharp items (e.g. needles or knives) or chemicals;
 Items soiled by infectious materials, including human waste and bodily fluids;

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 Moldy, mildewed items;
 Perishable items;
 Items that may be infested by rodents and insects; and  Items that pose a risk of fire or explosion
Another category of unprotected items includes evidence of a crime, contraband, or things that pose an immediate threat to public safety. These items can be confiscated or destroyed without prior notice.

Pre-Depravation and Post-Depravation Requirements
A pre-depravation Hearing is not required if reasonable pre-seizure notice has been attempted and a prompt post-depravation opportunity is provided for recovery of property that has been removed. It is important that before removing a person's unabandoned property from public spaces, City officials provide a pre-depravation notice. The State recommends providing notice at least 48 hours prior to removal and that a City may provide less than 48 hours' notice when required by exigent circumstances.

For any unabandoned property removed from a public space, the City must collect, document, and store for at least 60 days. The 60-day recommendation is consistent with California Civil Code section 20080.1, which provides that personal property in the possession of a public agency must be claimed within 60 days or else it will be disposed of in accordance with procedures in section 2080.6. Please note that if the unabandoned property owner has been detained by law enforcement and incarcerated, the storage time would increase until the release date.

The post-depravation retrieval process is important for compliance with due process requirements. The City must allow individuals to retrieve their personal belongings that were seized during the enforcement action.

Otherwise, there is a risk of erroneous depravation. If the seized property is not claimed after 60 days, the City may dispose of it. If the property amounts to $250 or more, additional obligations are triggered (i.e. publishing in a newspaper and publicly auctioning). The imposition of fees for storing personal belongings may be permissible; however, such fees could be viewed by courts as creating an obstacle to the City’s collection of personal belongings. Accordingly, the potential legal and practical consequences may outweigh any benefit of imposing such fees.. If fees are imposed, the City would also need to provide an opportunity for individuals who cannot afford the fees to request a waiver. The City is encouraged to provide unhoused individuals with information about available local resources that may assist them.

You will find attached to the Staff Report both a memorandum from the City Attorney relating to Pre- and PostDepravation requirements for removal of Persons property from Public Spaces Area and a proposed City Ordinance to outline the procedures for clearing encampments.

You will find attached to the Staff Report the draft by the City Attorney for the Pre- and Post-Depravation requirements for removal of Persons property from Public Spaces Area: Attended and Unattended items to be used by City Staff as standard operating procedures.

The City Council conducted the first reading of this ordinance on September 29th, 2026.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could decide not to move forward with the change to the Municipal Code.

FISCAL IMPACT:

The fiscal impact has not been determined to date. The City will have to obtain receptacles to store all belongings removed from public spaces, a container or a location to store all items, and supplies required to catalog, label all items collected, personal protection equipment for Staff, and informational material to be posted as well as distributed to those affected. Staff time for the clean-up and collections process that will be designated to this task

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would have to be monitored to establish a base line. Disposal fees for items that are considered health and safety hazards.

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3222/014122-0010
Memorandu. a07/27/26

MEMORANDUM
TO: Noam Duzman
FROM: Dylan McCarthy
DATE: July 27, 2026
FILE NO.: 014122-0010
RE: Pre- and Post-Deprivation Requirements for Removal of Persons’ Property from Public Areas: Attended and Unattended Items
I. EXECUTIVE SUMMARY
Unabandoned personal property found in public areas is protected by the Fourth and Fourteenth Amendments, which prohibit unreasonable seizures and require due process before depriving individuals of their property. Courts have held that immediate destruction of unabandoned property is unreasonable and that due process generally requires advance notice and a meaningful recovery process. These requirements do not extend to abandoned items, immediate health or safety hazards, contraband, or evidence of a crime, which may be disposed of or seized without prior notice. To comply with due process, the State of California recommends providing pre-deprivation notice generally 48 hours in advance of an enforcement action and storing property for at least 60 days before disposal. See Cal. Exec. Order No. N-1-24 (July 25, 2024).

II. CONSTITUTIONAL FRAMEWORK
A homeless person’s unabandoned personal property is protected by the Fourth and Fourteenth Amendments to the U.S. Constitution. See Lavan v. City of Los Angeles, 693 F.3d 1022, 1024 (9th Cir. 2012); Garcia v. City of Los Angeles, 481 F. Supp. 3d 1031, 1042 (C.D. Cal. 2020), aff’d, 11 F.4th 1113 (9th Cir. 2021). The Fourth Amendment protects against unreasonable searches and seizures. U.S. Const. amend. IV. A seizure occurs where there is “some meaningful interference with an individual’s possessory interests” in his property. See Lavan, 693 F.3d at 1027 (quoting United States v. Jacobsen, 466 U.S. 109, 113 (1984)). In Lavan, the Ninth Circuit concluded that the City of Los Angeles meaningfully interfered with homeless persons’ property by seizing and destroying their unabandoned legal papers, shelters, and personal effects. See id. at 1030. The city’s immediate destruction of their personal belongings made the seizure unreasonable. See id.; see also Garcia, 481 F. Supp. 3d at 1046 (concluding that the city’s “bulky item provision,” which permitted the immediate destruction of unattended items over a certain size without prior notice, was an unreasonable seizure).

If the government wishes to seize the unabandoned possessions of homeless persons, it must comply with due process requirements. See Lavan, 693 F.3d at 1032. The Fourteenth Amendment provides that no State shall “deprive any person of life, liberty, or property, without due process of law.” U.S. Const. amend. XIV, § 1. Due process requires notice and an opportunity to be heard. See Lavan, 693 F.3d at 1032 (citing United States v. James Daniel Good Real Prop., 510 U.S. 43, 48 (1993)). In Lavan, the court explicitly recognized that homeless persons’ possessions are protected property under the Fourteenth Amendment. See id. at 1032. However,

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July 27, 2026

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the court did not elaborate upon the extent of the procedural protection required. There, the city failed to take any steps to notify the property owners before the city officials seized and destroyed their belongings. See id.

While the extent of due process protections during homeless encampment cleanups remains unsettled, one California court explained that “the failure to provide pre-deprivation notice is only excused in ‘extraordinary situations where some valid governmental interests is at stake that justifies the postponing of the hearing after the event.’” Los Angeles Cath. Worker v. Los Angeles Downtown Indus. Dist. Bus. Improvement Dist., 2015 WL 13649801, at *5 (C.D. Cal. Jan. 13, 2015) (quoting James Daniel Good Real Prop., 510 U.S. at 53). The court determined that enforcement of a city ordinance prohibiting personal property from being left on public sidewalks likely did not constitute “an extraordinary circumstance that warrants this exception.” Los Angeles Cath. Worker, 2015 WL 13649801, at *5.

In Mitchell v. City of Los Angeles, the district court applied the due process test from Mathews v. Eldrige, 424 U.S. 319 (1976), which balances “(1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and (3) the Government’s interest, including the fiscal and administrative burdens that additional or substitute procedural requirements would entail.” 2016 WL 11519288, *5 (C.D. Cal. Apr. 13, 2016) (quoting Mathews, 424 U.S. at 321). The court found that the homeless plaintiffs were likely to succeed on their due process claims because the city did not provide notice of removal or afford the homeless a meaningful way to recover property. See id. at *6. However, the court concluded that “if such additional protocol and process were put in place, the City would not contravene the Due Process Clause of the Fourteenth Amendment.” Id.

III. CATEGORIES OF PROPERTY
Attended and unattended belongings found on public property are constitutionally protected. See Lavan, 693 F.3d at 1024; U.S. Const. amend. IV. However, no protections apply to abandoned property. See Lavan, 693 F.3d at 1024 (concluding “unabandoned” property is protected); Abel v. United States, 362 U.S. 217, 241 (1960); Cal. Civ. Code § 2080.7.

A. Attended and Unattended Property
Neither the legislature nor the courts have expressly recognized a distinction between attended and unattended property stored in public areas. As long as the city officials provide adequate notice prior to the enforcement action, store the property for a designated amount of time, and allow the property owner to retrieve his belongings, the city’s seizure will likely be found reasonable and in compliance with due process. See Lavan, 693 F.3d at 1033 (unattended); Garcia, 481 F. Supp. 3d at 1047–48 (attended). However, if a property owner is present with his property while an enforcement action is taking place, the government should provide the property owner with an opportunity to pack up his belongings before seizing the items. See, e.g., Sullivan v. City of Berkeley, 383 F. Supp. 3d 976 (N.D. Cal. 2019). In Sullivan, the court rejected the homeless

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plaintiffs’ argument that the City of Berkeley violated their due process rights because the plaintiffs received notice and a reasonable opportunity to pack up their belongings before the city collected any remaining items. See id. at 983–84. To be sure, Sullivan did not conclude that cities must provide an opportunity to pack up; but it was a fact that weighed in Berkeley’s favor at summary judgment. See id. at 984. If the property owner decides not to pack up his items after receiving notice and an opportunity to pack up, the city can most likely remove the items without providing a pre-deprivation hearing. See Garcia, 481 F. Supp. 3d at 1048; De-Occupy Honolulu v. City & Cnty. of Honolulu, 2013 WL 2285100, *6 (D. Haw. May 21, 2013) (concluding that a hearing “would add little to prevent an erroneous deprivation” where the city provides multiple opportunities to prevent permanent deprivation such as notice and opportunity for recovery).

However, without a hearing, the city should provide the property owner with a post-seizure notice, or property receipt, documenting the items seized and when/where they can be retrieved. See DeOccupy Honolulu, 2013 WL 2285100, *6. ’ B. Abandoned Property
Abandoned property stored in public areas is not protected by statute or the constitution.

See Lavan, 693 F.3d at 1024; Abel, 362 U.S. at 241; Cal. Civ. Code § 2080.7. Therefore, the key inquiry for city officials is whether the property is abandoned or temporarily unattended. See, e.g., Lavan, 693 F.3d at 1025 (affirming trial court’s finding that the homeless plaintiffs were likely to succeed in establishing that the city seized and destroyed property that it knew was unabandoned because plaintiffs and others on several occasions had explained to city officials that the property was not abandoned). Abandoned property, trash, or soiled, moldy, or damp items may be disposed of immediately. See Sullivan, 383 F. Supp. 3d at 982. The city should have a reasonable, goodfaith belief that the property is abandoned before disposing of it. See id. at 986; Lavan, 693 F.3d at 1025. However, rather than undergo a difficult process of determining what property is abandoned, trash, or temporarily unattended, the California Governor’s Model Ordinance suggests collecting all “personal belongings.” See Model Ordinance, § XX2(c) (defining “personal belongings” as items with apparent value of fifty dollars or more, or items of apparent personal value).

Another category of unprotected items includes evidence of a crime, contraband, or things that pose an immediate threat to public safety. See, e.g., Levan, 693 F.3d at 1024; see also Horton v. California, 496 U.S. 128, 142 (plain view rule). These items can be confiscated or destroyed without prior notice.

IV. PRE- AND POST-DEPRIVATION REQUIREMENTS
A pre-deprivation hearing is likely not required if reasonable pre-seizure notice has been attempted and a prompt post-deprivation opportunity is provided for recovery of property that has been removed. See Mitchell, 2016 WL 11519288, *6. Even if the property owner wishes to contest the deprivation, due process likely does not require the city to provide a hearing because the city only holds onto the items temporarily and allows property owners to retrieve the items promptly.

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Therefore, a hearing would not cure a wrongful deprivation any more than the prompt retrieval procedures. See De-Occupy Honolulu, 2013 WL 2285100, *6 n. 6 (recognizing that any erroneous deprivation could be adequately addressed by state tort law). Unless the city destroyed the property owner’s items or imposed an unreasonable fee to retrieve the property, an actual hearing is likely unnecessary to comply with due process. California Executive Order N-1-24 sets forth a general policy for addressing encampments on state property and urges local governments to adopt policies consistent with the Order.

A. Pre-Deprivation Notice Requirements
Before removing persons’ unabandoned property from public spaces, city officials must provide pre-deprivation notice. Courts that have addressed this issue have approved plans that provide notice ranging from 24 hours to 72 hours in advance. See Sullivan, 383 F. Supp. 3d at 983– 84; Mitchell, 2016 WL 11519288, *7. The State of California recommends providing notice at least 48 hours prior to removal. See Cal. Exec. Order No. N-1-24 (July 25, 2024). Cities may provide less than 48 hours’ notice when required by exigent circumstances. See id.; see also Model Ordinance.

Under the State’s Model Ordinance, notice should include at a minimum:

1. The anticipated date and time of the enforcement action;

2. Information on services, including shelter, that are immediately available to persons living in the encampment;

3. Information on how unattended belongings will be handled the day of the enforcement action, including what will be stored, how they can be recovered, and the date by which they must be claimed.

A city likely does not need to allow property owners a formal opportunity to contest the removal of their property because a prompt recovery process is available. Under the Mathews v. Eldrige test, the government’s interest in public safety and the administrative burden of providing a hearing to all individuals who have their property removed likely outweigh the individual’s private interest and the risk of erroneous deprivation. The court in De-Occupy Honolulu, endorsed this conclusion.

See id. at *6. There, the court found that the plaintiffs were unlikely to succeed on their claim that the city violated due process by failing to provide a pre- or post-deprivation hearing because the city provided safeguards against erroneous deprivation. See id. (recognizing the following safeguards as adequate: (1) 24-hour written notice; (2) post-seizure notice of items that were taken and where they can be received; and (3) holding items for a reasonable duration of time before destruction).

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B. Storage Requirements for Seized Property
For any unabandoned property removed from a public space, the city must collect, document, and store for at least 60 days. See Cal. Exec. Order No. N-1-24 (July 25, 2024); see also Model Ordinance. Some courts have ordered cities to provide at least 90 days, but there is no established minimum requirement. See, e.g., Lavan, 693 F.3d at 1024. The 60-day recommendation in the executive order is consistent with California Civil Code section 2080.10, which provides that personal property in the possession of a public agency must be claimed within 60 days or else it will be disposed of in accordance with procedures in section 2080.6. The Model Ordinance recommends collecting and storing all personal belongings that are not a health or safety hazard. See Model Ordinance, § XX2(c) (providing examples of what constitutes personal belongings versus health and safety hazards).

C. Post-Deprivation Property Recovery Process
The post-deprivation retrieval process is the most critical factor for compliance with due process requirements. The city must allow individuals to retrieve their personal belongings that were seized during the enforcement action. Otherwise, there is a risk of erroneous deprivation. See Garcia, 481 F. Supp. 3d at 1048. If the seized property is not claimed after 60 days, the city may dispose of it. If the property amounts to $250 or more, additional obligations are triggered (i.e., publishing in newspaper and publicly auctioning). See Cal. Civ. Code §§ 2080.3, 2080.6.

A city can likely impose a storage fee if the city provides an opportunity for the property owner to contest the fee. For example, in Watters v. Otter, 955 F. Supp. 2d 1178 (D. Idaho 2013), protesters challenged the state’s anti-camping statute and related statutes regarding the seizure and disposition of property left in public spaces. The Idaho statute provided that the agency may assess “reasonable storage fees” at the time the owner claims the property. See id. at 1189. The court found that this provision did not violate due process so long as the property owner can contest the storage fee. See id. at 1191. Ultimately, the court concluded that an owner’s ability to reclaim property by simply picking it up, coupled with the opportunity to contest any storage fees, obviated the need for a post-deprivation hearing. See id.; see also De-Occupy Honolulu, at *6–7.

V. CONCLUSION
A homeless person’s unabandoned personal property is protected by the Fourth and Fourteenth Amendments to the U.S. Constitution. To comply with due process, cities must provide reasonable pre-seizure notice and a prompt post-deprivation opportunity for recovery of property that has been removed.

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OFFICE OF THE GOVERNOR
ModelOrdinonce: Addressing Encompments with Urgency ond Dignity After the Supreme Court's decision in Gronts Poss v. Johnson clorified thot officiols con toke reosonoble octions to cleor encompments, the Governor signed Executive Order N-l-24, which directed stote ogencies to develop policies to prioritize oddressing encompments on stote property while providing reosonoble odvonce notice ond portnering with shelter ond services providers.

Thot Executive Order olso encouroged locol governments to odopt similor policies, ond to use oll ovoiloble resources ond infrostructure, including the historic resources provided by the Stote, to toke urgent oction to humonely remove encompments from public spoces. And the Governor directed the Colifornio lnterogency Councilon Homelessness to creote guidonce, published here, for locol governments to follow in creoting ond implementing those progroms.

This model ordinonce is intended to provide o storting point thot jurisdictions moy build from ond odjust in creoting their own policies. lt drows from the stote's proven ond workoble opprooch
-
on opprooch thot, between
July 2021 ond Moy 2025, hos cleored more thon 16,000 encompments ond over 31 .|,873 cubic yords of debris from sites olong the stote right of woy. These results demonstrote thot the policy is both effective ond scoloble, offering o sound, odoptoble fromework for jurisdictions to resolve encompments with urgency ond dignity.

This model ordinonce is not intended to be comprehensive or to impose o one-size-fits-oll opprooch for every city. Toiloring is expected ond oppropriote to occount for locol differences ond priorities. For exomple, o jurisdiction moy choose to restrict comping of oll times in certoin sensitive locotions, such os neor schools; limit comping to no more thon one night in the some locotion; or require o longer notice period before removol. While specific policies moy vory, oll locol opprooches should reflect three bosic principles embodied in this model:

GOVERNOR GAVIN NEWSOM . SACRAMENTO, CA 95814 . (916) 445-2841

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o No person should foce criminol punishment for sleeping outside when they hove nowhere else to go. Policies thot prohibit individuols from slee$ng outside onywhere in the jurisdiction without offering odequote indoor shelter, effectively bonishing homeless individuols from the jurisdiction's borders, ore both inhumone ond impose externolities on neighboring jurisdictions, which must foce the costs ond chollenges of on increosed unsheltered homeless populotion.

Encompment policies must prioritize shelter ond services ond ensure thot people experiencing homelessness ond their belongings ore treoted with respect.

Policies must not unduly limit locol outhority to cleor encompments.

Officiols must be oble to enforce common-sense policies to protect the heolth ond sofety of their residents ond mointoin their public spoces.

When officiols lock oppropriote tools, encompments persist, endongering the heolth ond sofety of those living in ond olongside them.

There is no compossion in obondoning Colifornions to the dongers ond indignities of encompments. Encompments pose o serious public sofety risk, often cousing fires ond exposing encompment residents to increosed risk of sexuolviolence ond criminol octivity, to property domoge ond breok-ins, ond unsonitory conditions offecting both residents ond neighbors. And they dompen ond deter both commerciol ond recreotionol octivity through the occumulotion of hozordous moteriol ond excessive debris, horming downtowns ond depriving Colifornions of their public spoces. Lorge encompments ond those with semipermonent structures exocerbote ond perpetuote these horms. Every locol government must hove o plon to oddress them.
a
o

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Model Ordinonce [For Locol Cuslomizotionl
Section XXI . Encompments
Unless outhorized by permit or other opplicoble low, it is unlowful:
(o)To construct, ploce, or mointoin on public property ony semi-permonent structure, including but not limited to hond-built sheds ond structures with metol or other heovy roofing ond siding moteriols, for the purpose of sheltering one or more persons.
(b)To comp on public property, including but not limited to using, plocing or mointoining o tent, sleeping bog, blonket, or other moteriols for the purpose of sleeping, lying, or sheltering one or more persons for more thon three consecutive doys or nights in the some locotion. For purposes this section, the some locotion sholl meon within 200 feet of the locotion in which the person comped on the previous doy or night.
(c)To comp within 200 feet of ony posted notice to vocote or other officiol signoge designoting o locotion for encompment cleoronce or otherwise prohibiting sitting, sleeping, lying, comping, or plocing personol property in thot locotion.
(d)To sit, sleep, lie, or comp on ony public street, rood, or bike poth, or on ony sidewolk in o monner thot impedes possoge within the meoning of the Americon Disobilities Act.

Section XX2. Enforcemenl
(o)Except in exigent circumstonces involving on imminent threot to life, sofety, heolth, or infrostructure, eoch of the following sholl be sotisfied prior to the enforcement of section XXI:
(i) City officiols, or ony ogent octing on their beholf, sholl moke every reosonoble effort to identify ond offer shelter of on emergency shelter, novigotion center, or other oppropriote housing, ond to offer supportive services, to persons living in the encompment. (ii) City officiols, or ony ogent octing on their beholf, sholl post o notice to vocote in o prominent locotion of the encompment site of leost 48 hours prior to the enforcement oction. Thot notice sholl include, of o minimum:
(l )The onticipoted dote ond time of the enforcement oction

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(2) lnformotion on services, including shelter, thot ore immediotely ovoiloble to persons living in the encompment (3) lnformotion on how unottended belongings will be hondled the doy of the enforcement oction, including whot will be stored, how they con be recovered, ond the dote by which they must be cloimed.
(iii) No enforcement operotions sholl begin eorlier thon the dote ond time on the notice to vocote. lf the enforcement work does not begin within two doys of the dote written on the notice, o new notice must be posted o minimum of 48 hours before enforcement operotions moy begin.
(b)Where exigent circumstonces require less thon 48 hours' notice prior to enforcement of section XXI:
(i) City officiols, or ony ogent octing on their beholf, sholl provide os much odvonce notice of enforcement os reosonobly possible under the circumstonces; ond
(ii) As soon os reosonobly possible following enforcement oction, city officiols or ony ogent octing on their beholf sholl post notice ot or neor the encompment site describing where items token during the enforcement oction ore stored, how they con be recovered, ond the dote by which they must be cloimed.
(c)Personol belongings collected of the encompment site thot ore not o heolth or sofety hozord sholl be collected, togged, ond stored for not less thon 60 doys following on enforcement oction.
(i)'lPersonolbelongings"includes:
(l ) items of opporent volue of $50 or more
(2) items of opporent personolvolue, including, but not limited to: eyeglosses, operotionol wheelchoirs, wolkers, crutches, other medicol equipment, hobitoble tents, personol popers (such os photogrophs, olbums, lD's, bonk stotements, ond legol popers), bockpocks. contoiners, ond operotionol
bicycles, scooters, ond strollers.
(ii) ltems thot constitute o heolth ond sofety risk ond will not be collected include, but ore not limited to:
(l ) Toxic shorps: needles, scissors, knives.
(2) Chemicols: bleoch, point, oils, etc.
(3) ltems (including bedding ond clothing) soiled by infectious moteriols, including humon woste ond bodily fluids.

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(4) Moldy, mildewed items.
(5) ltems thot moy be infested by rodents ond insects: rots, mice, fleos, lice, bed bugs.
(6) ltems thot pose o risk of fire or explosion, combustibles ond propone tonks; ony item contoining fuel or conosives or other unidentified liquids.
(7) Bockpocks ond closed contoiners thot hove been
determined by on individuol licensed to identify ond hondle hozordous moteriols to contoin items listed in (l)-(6) obove or (iii) below. Such bockpocks ond closed contoiners moy be discorded where no individuol licensed in hozordous
moteriols is present to moke o determinotion.
(8) lf personol belongings ore co-mingled or littered with needles, humon woste, or other heolth risk, the entire pile of
belongings moy be disposed of. The presence of clothing in o bockpock or contoiner sholl not be the sole reoson to discord the bockpock or contoiner.
(iii) Bulky items such os moftresses ond sheds, perishoble items such os food, controlled substonces, controbond, ond trosh or debris will not be collected ond stored. Controbond ond controlled
substonces should be hondled by troined professionols ond consistent with opplicoble low.
(d)Nothing in this section sholl be construed to limit or prohibit city officiols from enforcing ony other city or stote lows, including, but not limited to, lows governing use of controlled substonces or weopons, fire codes, ond public nuisonce lows.

Seclion XX3. Regulotions
(o)The lrelevont deportment or ogencyl sholl issue regulotions or guidelines necessory to oid in the implementotion or enforcement of this chopter.

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CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADDRESSING ENCAMPMENTS AND REMOVAL OF

PROPERTY FROM PUBLIC PROPERTY PURSUANT TO CALIFORNIA
EXECUTIVE ORDER N-1-24.

WHEREAS, after the Supreme Court’s decision on the Grants Pass v. Johnson clarified that officials can take reasonable actions to clear encampments, the Governor of California signed Executive Order N-1-24, which directs State agencies to develop policies to prioritize addressing encampments on State property while providing reasonable advance notice and partnering with shelter and services providers; and WHEREAS, that Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take action to humanely remove encampments from public spaces; and
WHEREAS, the City is committed to protecting the life, health, and safety of all individuals within its boundaries, including individuals experiencing homelessness, and recognizes the importance of providing meaningful support for these individuals; and WHEREAS, the City recognizes that all individuals have rights and interests in their personal property and is committed to treating such property with dignity, respect, and consideration, consistent with applicable law; and
WHEREAS, the City recognizes the importance of balancing the protection of public health, safety, and the environment with humane, compassionate, and practical approaches to addressing homelessness; and
WHEREAS, the City recognizes that certain public lands and spaces may present particular health, safety, environmental, or access concerns when used for overnight camping or sheltering, including locations where such use may interfere with the intended use of the property or create conditions that may adversely affect individuals residing in or visiting those areas; and
WHEREAS, the City Council finds that camping in certain open-space areas and locations near residential properties may increase the risk of wildland fires and other hazards, particularly in areas susceptible to fire, thereby presenting risks to public safety and property; and
WHEREAS, the City Council further recognizes that certain public lands contain environmentally sensitive or vulnerable resources, and that activities that are incompatible with the protection of those resources may adversely affect native plants, wildlife, habitats, and other ecological values; and
WHEREAS, the City desires to establish reasonable and clearly defined regulations governing camping and encampments in designated public areas in order to protect public health, safety, access, and environmental resources, while also establishing fair and respectful procedures for the collection, safekeeping, retrieval, and, where authorized by law, disposal of personal property; and

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WHEREAS, in implementing such regulations, the City intends to promote humane and respectful treatment of all individuals, provide appropriate notice and opportunities for the retrieval of personal property, and coordinate, where practicable and appropriate, with available services and resources to assist individuals affected by the regulations; and WHEREAS, the City Council wants to provide the City representatives with an ordinance to allow for an enforceable common-sense policy to protect the health and safety of their residents and maintain the public spaces.

NOW THEREFORE, The City Council of the City of Twentynine Palms, State of California, hereby ordains as follows:

SECTION 1. Recitals set forth above are incorporated herein by reference.

SECTION 2. Regulations.

The City of Twentynine Palms has drafted regulations and guidelines necessary to aid in the implementation and enforcement of this Chapter, a copy of which is attached hereto as Exhibit A, and said regulations and guidelines are hereby adopted by reference and incorporated herein as if set forth in full. These regulations will be added as TITLE 19, CHAPTER 80 and titled REMOVAL OF ENCAMPMENTS.

SECTION 3. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment and it can be seen with certainty that they will not have the potential of creating a significant effect on the environment.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Twentynine Palms hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.

SECTION 5. This Ordinance shall take effect 30 days from the date of its adoption.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause the same to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this ___ day of ______ 2026.

PASSED, APPROVED and ADOPTED this ___ day of _____, 2026.

_____________________________
Daniel L. Mintz, Sr., Mayor
ATTEST:
______________________________
Cindy Villescas CMC, City Clerk

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APPROVED AS TO FORM:
______________________________
A. Patrick Muñoz, City Attorney
I hereby certify that the foregoing Ordinance No. ___, introduced on the __of ______, 2026 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on ____ day of _____, 2026, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
________________________________
Cindy Villescas CMC, City Clerk

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Exhibit “A”
TITLE 11 – PUBLIC PEACE, MORALS, AND WELFARE
CHAPTER 80.01 – REMOVAL OF ENCAMPMENTS

80.01 - GENERAL
The City of Twentynine Palms finds that it is committed to protecting the life, health, and safety of all people in the City and finds that certain public areas within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the City finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas and other publicly owned or controlled property within the City (collectively "public property") should be readily accessible and available to residents, businesses and the public-at-large for their intended purposes. The use of public property for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended.

80.01.01 - PURPOSE.

It is the purpose of this Chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration.

Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public property. This Chapter shall be interpreted in a manner that is consistent with applicable state and federal law.

80.01.02 - DEFINITIONS.
“Abatement” means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the processes described in Chapter 19.146. “Camp” means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camp paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property at any time to live, dwell, or reside, which is exemplified by: the person sleeping, or preparing to sleep outdoors; the person

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having with them recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themselves outside of facilities designated for those purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell, or reside, which is exemplified by: the person continuously remaining inside the vehicle at the same location for two (2) hours or more; the person sleeping inside the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person is preparing or cooking meals inside or on the vehicle; the person is bathing or grooming inside the vehicle; the storage of items inside or on a vehicle are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodily fluids; and/or having furniture set up or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment.
“Camp paraphernalia” means items that facilitate living outside including items that are used for: sleeping, such as such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights. “Camp facility” or “camp facilities” means any, or a combination of, the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock. “Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner.

Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
“Open space” means any undeveloped public property either primarily in its natural state, including canyons, coastal bluffs, and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
“Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and

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clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City.
“Prohibited public place” means any public property that is not designated for camping by resolution of the City Council or other governmental entity having jurisdiction over the property.
“Public Property” means a public park, park facility, public parking lots, public passageways, public rights-of-way, publicly owned landscaped areas, public parkways, public medians, public greenbelts, or other government-owned properties located within the City of Twentynine Palms.
“Public rights-of-way” or “public right-of-way” means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public square or plaza, public bike lane or path, public alleyway, or a utility easement in which the City has interest.
“Store”, “Stored”, “Storing” or “Storage” means to put personal property aside, to accumulate for use when needed, or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Chapter

19.146.030.C.16 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.
“Tent” means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. “Unattended” means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park shall not be considered “unattended” unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more.
“Vehicle” means a “motor vehicle” as defined by California Vehicle Code Section 415, a “recreational vehicle” as defined by California Health & Safety Code Section 18010(a), a “camper trailer” as defined in California Vehicle Code Section 242, a “house car” as defined in Cal. Veh. Code Section 362 or a “trailer coach” as defined in California Vehicle Code Section 635 or any other similar machine or means of transportation used to carry people, goods, or both from one place to another.

80.01.03 - UNAUTHORIZED CAMPING.
(A) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia or to maintain an encampment in a prohibited

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public place, or on any private property in the City without the landowner’s express written consent and a permit from the City for such use. (B) It shall also be unlawful and a public nuisance for any landowner or occupant of private property to willfully allow, authorize, or permit another person to occupy camp facilities, use camp paraphernalia or to maintain an encampment on such private property in the City, whether paved or unpaved, except as expressly permitted by this Chapter, or as mandated by applicable law. (C)No person shall use a vehicle to camp in a prohibited public place, or on any private property in the City without the landowner’s express written consent and otherwise in compliance with all other applicable laws. (D)No person shall start, build, or use a fire in a prohibited public place for any purpose, including, but not limited to warming or cooking, unless authorized or permitted to do so by formal action of the City Council, the written consent of the City, or the provisions of this Code.

80.01.04 - PERMITTED CAMPING.
(A) Camping shall be permitted on public property specifically set aside and clearly marked for public camping purposes, as designated by the City Council. The City Council may, by resolution or ordinance, establish specified public areas for such purposes.
(B)Any camping activities must comply with all applicable Federal, State and local laws, regulations, standards, and policies.

80.02 – ABATEMENT

82.02.01 - ABATEMENT OF ENCAMPMENTS.

In accordance with the written notice procedures outlined in the following section, a City employee and/or his or her designee is authorized to remove personal property, camp paraphernalia, and any other items, including contraband, litter, and/or waste found at an encampment or at a location where a person is engaged in unauthorized camping.

82.02.02 - NOTICE REQUIRED PRIOR TO ABATEMENT.
(A)Prior to removal, a written “Notice of Clean-Up” will be posted on each access point to the encampment in an inconspicuous location and in any other distinct area of the encampment or camp facility.
(B) The “Notice of Clean-Up” will:
(1) Specify the clean-up date;
(2) Provide at least 24 hours for persons to remove their personal property; and

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(3) Include a statement as to how to claim said property. (C)After 24 hours, the City shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City shall repost a Notice of Clean-Up with a new date.
(D)The City shall follow these additional procedures when persons are present at an encampment during abatement:
(1) When shelter is available, the City shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City shall evaluate reasonable requests for additional time or assistance to remove items and may provide reasonable accommodation to those requests.
(2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own.

Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the law enforcement agency of Twentynine Palms for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City shall follow the abatement process in this Chapter.
(E) The City shall make an effort to document the abatement process as follows, as is reasonable and practical under the circumstances:
(1) Photograph or video record the site before any abatement begins; (2) Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage; (3) Set out items contained in bags or suitcases and photograph the items; (4) Photograph or video record all items to be stored;
(5) Photograph or video record the cleanup process, and; (6) Photograph or video record the site after abatement has concluded. (F) An eligible item found during an abatement shall be put in to storage as set forth below, unless it meets one of the following disqualifying conditions, in which case

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it can be taken in as evidence or disposed of as appropriate (1) Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold; (2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;
(3) Practically un-storable, due to large size, weight, or other similar characteristic;
(4) Contraband or stolen; or
(5) Is on the City’s current list, published on the City’s website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(G)Unclaimed items found during an abatement shall be eligible for storage if:
(1) Circumstances indicate that the item belongs to a person, (2) The item has apparent utility in its current condition and circumstances, and (3) The item can be safely retrieved from the site.
(H)The City shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused following the process outlined in this Chapter.

80.02.03 - EXPEDITED ABATEMENT.
(A) In an expedited abatement, the City shall follow the same abatement and storage procedures outlined herein but shall post a Notice of Clean-Up giving a minimum of three (3) hours for all persons to remove their personal property, unless providing such time would result in a serious health or safety condition. (B) The City shall prioritize and expedite the removal of an encampment if:
(1) The City receives direction from County of San Bernardino or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
(2) The City observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

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80.03 – PERSONAL PROPERTY

80.03.01 - UNAUTHORIZED STORAGE OF PERSONAL PROPERTY.
(A) It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia, in or on any public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity pursuant to this division, or as mandated by applicable law. (B)Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband. (C)The City may erect signs on public property stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.
(D)If neither subsection “B” nor subsection “C” apply, personal property unlawfully stored on public property shall be impounded only after a notice is left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.

80.03.02 - NOTICE AND REMOVAL OF PERSONAL PROPERTY.
(A) Notice and removal. In the event that personal property is found on public property in the course of employment by an employee of the City without authorization from the City (examples of authorized employees include, but are not limited to, City law enforcement officers, City Code Enforcement, employees or contractors of City Public Works Department, and other City employees properly trained to carry out this section), such employee shall leave notice with the owner of the personal property or in a prominent place and which notice shall contain all of the following information, when reasonably available:
(1) The personal property needs to be removed by [insert time] on [insert date]. (2) The timeframe that the property owner has to remove the personal property.

Such timeframe shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the personal property obstructs and actually interferes with the public property or the intended use of the public property, then this timeframe may be shorter than 24 hours, provided that, if the property owner is present, they are first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so;
(3) A statement that, if the personal property is not removed within the stated timeframe, then the City will remove and store the personal property consistent with this section. This statement shall also provide the location that

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the personal property will be stored;
(4) If applicable, the nature and purpose of the clean-up; (5) The date, time, and locations of the scheduled cleanup and/or removal of the personal property;
(6) A citation to the applicable section of the Municipal Code or any other applicable law;
(7) A statement of how the personal property may be reclaimed; (8) A statement that, if personal property is removed pursuant to this section, then such personal property may be subject to disposal by the City pursuant to this section after 90 days from the date of removal; (9) A phone number that the person may call for more information; (10) Any other additional information as determined by the law enforcement agency of Twentynine Palms.
(11) After the timeframe in the notice provided pursuant to the provisions of this Chapter, the personal property in the public area may be removed, stored, documented, and disposed of by the City pursuant to this section. To the extent possible, a general description of the items collected shall be provided to the property owner(s). For any personal property removed, a notice shall be provided in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner; containing the information pursuant to the Chapter and containing any other additional information as determined by the law enforcement agency of Twentynine Palms. This notice shall include the date that the removed personal property will be disposed by the city pursuant to this section. (B)Additional signage for removal of personal property. The City may determine what, if any, areas of the City suffer from blight due to storage of personal property on public property, and erect signs in those areas containing the applicable information specified in this Chapter so as to provide additional notice. (C)Holding and disposal of stored personal property. Except as otherwise provided in this Chapter, any found personal property on public property shall be deposited and documented in a safe place for a period of at least 90 days and found money shall be deposited with the Director of Finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property and subject to disposal as provided in this section. Additionally, the City shall not be obligated to store personal property in excess of the City's current overall storage capacity.

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(D)Trash, dangerous, or perishable personal property. Any personal property coming into the possession of the law enforcement agency of Twentynine Palms may be immediately disposed without notice, in a manner that the law enforcement agency of Twentynine Palms determines to be in the public interest, when such personal property is trash, perishable, hazardous, or contraband pursuant to Federal, State or local laws or regulations, or constitutes an immediate threat to the public health, safety, or welfare.
(E)Applicability. To the extent known by the City or the law enforcement agency of Twentynine Palms, the provisions of this section shall not apply to the following:
(1) Real or personal property or money subject to confiscation pursuant to Federal, State or local law;
(2) Personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to Federal, State or local law; or (3) Personal property that has been abandoned by its owner. Abandoned personal property may be disposed of forthwith.

80.04 – ENFORCEMENT

80.04.01 - PUBLIC NUISANCE DECLARED.

Any camping facility or encampment established in violation of this Chapter is declared to be a public nuisance, as defined by this Code, and the City is authorized to abate the nuisance and remove camp facilities, camp paraphernalia, and any encampments pursuant to the abatement and notice procedures outlined herein and authorized by law.

80.04.02 - CITY ADMINISTRATIVE AUTHORITY
The City may develop and adopt administrative regulations that are consistent with the terms and prohibitions of this Chapter. This shall include all policies and procedures for the abatement of unlawful encampments, including the policies and procedures for ensuring safe and prompt removal of the nuisance while meeting procedural safeguards required by the City, state or federal law.

80.04.3 - VIOLATIONS, PENALTIES, AND ENFORCEMENT.

Violations of this Chapter may be prosecuted as misdemeanors subject to the fines and custody provisions outlined in this Code.

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Twentynine Palms City CouncilOctober 13, 2026

Twentynine Palms City Council
October 13, 2026