City Council - Regular Meeting

TWENTYNINE PALMS CITY COUNCIL REGULAR MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Public Participation Options City Council meetings are held in person, but you can watch the meeting via live stream or participate through the following options below: Live Stream: YouTube - City of 29 Palms - YouTube In-Person Public Comment: • General Public Comment – Upon arrival, please complete a speaker card and submit to the City Clerk. Online Public Comment: Virtual participation is conducted via Webex. Use the raise hand feature to request to speak. Meeting online link: Webinar topic: City Council Meeting July 14, 2026, 6:00PM Date and time: Tuesday, July 14, 2026, 6:00 PM | (UTC-07:00) Pacific Time (US & Canada) Register link: https://cityoftwentyninepalms-448.my.webex.com/weblink/register/re3e4cd7dfabf16f5e582cf188ed1d544 Tuesday, July 14, 2026 NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, July 14, 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 - Sister Judy Bennett from First Assembly of God Church. Roll Call. Closed Session Announcements. Changes to the Agenda. Page 1 of 42 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. Community Leadership Award Presentation Related to VOCA Funding. 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. Information on the Importance of Periodic Septic System Maintenance. 5 - 11 RECOMMENDATION: The purpose of this agenda item is to make the public aware of the vital need to periodically inspect and maintain your septic system. Proper maintenance will help protect the City's water supply and may help residents avoid expensive repairs. The EPA recommends having a professional inspect your system at least every three years and pump out the system every three to five years. Do your part to protect our water supply! Information on the Importance of Periodic Septic System Maintenance. - Pdf ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION PUBLIC HEARING - NONE DISCUSSION AND POTENTIAL ACTION ITEMS 4. Designation of Delegate for the Annual CalCities Conference. 13 RECOMMENDATION: The City Council designate a Delegate and Alternate Delegate for the CalCities' Annual Conference. Designation of Delegate for the Annual CalCities Conference. - Pdf 5. Senate Bill 707 (SB707) Introduction of Policies Related to Brown Act Changes. 15 - 21 RECOMMENDATION: The City Council: 1). Receive and file information on SB707; and 2). Review, discuss and provide recommendations to Staff on the new policies. Senate Bill 707 (SB707)Introduction of Policies Related to Brown Act Changes. - Pdf Page 2 of 42  6. Adoption of Resolutions (1) Ordering the Submission of a City Council Initiated Ballot 23 - 42 Measure Related to the Adoption of an Ordinance Establishing a 1% Transaction (Sales) and Use Tax at the November 3, 2026 General Municipal Election; and (2) Setting Priorities for Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis. RECOMMENDATION: That, should it decide to move forward with the proposed ballot measure, the City Council: 1.) Adopt- Resolution No. 26-__: A Resolution of the City Council of the City of Twentynine Palms, California, ordering the submission to the qualified electors of the City of a certain measure relating to the adoption of a 1% Transactions (Sales) and Use Tax at the General Election to be held on Tuesday, November 3, 2026, as called by Resolution No. 26-19. 2) Adopt- Resolution No. 26-__: A Resolution of the City Council of the City of Twentynine Palms, California, setting priorities for filing a written argument regarding a City Council initiated measure (Ordinance) establishing a one percent (1.00%) Transactions (Sales) and Use Tax at a General Municipal Election to be held on Tuesday, November 3, 2026, and directing the City Attorney to prepare an Impartial Analysis. Adoption of Resolutions (1) Ordering the Submission of a City Council Initiated Ballot Measure Related to the Adoption of an Ordinance Establishing a 1% Transaction (Sales) and Use Tax at the November 3, 2026 General Municipal Election; and (2) Setting Priorities for Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis. - Pdf 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 funds for grants and the potential reallocation of housing and homeless funds to grants. 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. 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. Page 3 of 42 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. July 9, 2026. Cindy Villescas CMC, City Clerk Time/Date Page 4 of 42  STAFF REPORT TO: City Council FROM: City Manager FOR MEETING: Jul 14 2026 SUBJECT: Information on the Importance of Periodic Septic System Maintenance. RECOMMENDATION: The purpose of this agenda item is to make the public aware of the vital need to periodically inspect and maintain your septic system. Proper maintenance will help protect the City's water supply and may help residents avoid expensive repairs. The EPA recommends having a professional inspect your system at least every three years and pump out the system every three to five years. Do your part to protect our water supply! ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report (City Manager Presenting) Council Question of Staff • 2025-11-05 SEPTIC Request Public Comment SYSTEMS TPWD_KM (1) (1) Council Discussion Motion/Second Discussion of Motion • 2025-11-05 FOG FREE_KM Call the Question (1) (1) BACKGROUND: The City of Twentynine Palms (City) and Twentynine Palms Water District (District) are collaborating their efforts to address the potential impacts to the shallow groundwater aquifers from septic systems within city limits. For several years, the City and District have been completing tasks outlined in the Salt and Nutrient Management Plan (SNMP), collaboratively prepared, as required by the Colorado River Basin Regional Water Quality Control Board (Water Board). The plan was prepared in 2014 and later approved in 2019. Through this plan, they are undertaking measures to increase monitoring of the groundwater and to limit potential water quality impacts to groundwater that may arise from the septic systems in the region. Residents of the City and the unincorporated areas rely solely on groundwater for their daily needs. This community pulls from four different underground basins (aquifers) that also overlap with neighboring districts. With no centralized sewer throughout the community, commercial and residential lots rely on septic systems to hold the domestic wastewater from their properties. The District provides drinking water to their customers from deeper groundwater aquifers (>300 feet below ground surface). It is the District’s understanding that there is a clay layer separating the shallow groundwater from the deep groundwater. However, water naturally flows through paths of least resistance, so the potential for shallow groundwater to make its way down to the deeper groundwater remains present. Page 5 of 42 One of the main potential impacts to groundwater is septic systems. Within the City, there are individual systems for residential housing, and there are package systems (batch treatment) for residential developments, hotels and commercial areas. With septic systems come different responsibilities. Due to systems holding domestic wastewater underground, they can pose a severe risk to our groundwater if they are not properly maintained. If installed, managed, and maintained as intended, septic systems are considered an acceptable solution to domestic wastewater treatment for rural areas. When septic systems are not regularly inspected and maintained, the results for potential water quality can impact the shallow groundwater. There are eight (8) batch treatment systems in the City. The City and the Water District are aware of three systems that are failing. These systems are permitted by the Water Board. The other septic systems are individual residential systems that are permitted separately. Failing batch treatment plants may also affect water quality in the shallow groundwater. The Water Board upholds that all water shall be protected, regardless of whether or not it is used for drinking, recreation or natural habitat. There is a need to better understand the quality of the shallow groundwater beneath the City. As part of the SNMP, measures have been identified to obtain information, communicate with residents and business owners, and implement ways to protect, or minimize the potential for further degradation of the shallow groundwater aquifers beneath the City. The easiest and most immediate way to support these measures is to establish continual communications with the City Council, residents, and business owners. Communications can be used to provide education about septic systems and reminders about proper inspections and maintenance. These communications have just now begun with the addition of this memo and corresponding presentation by Matt Shragge with the District to City Council meetings. The City will have an item on the Consent Calendar each meeting to keep the City Council updated on this topic. The following are additional communication options to consider: 1. Add information to the City Website: a. Community Events page: i. Weekly Certified Farmers Market b. Community Development Department Page i. We could add a link called “Septic Systems” in it where we can add information. c. City Public Works website 2. Add information to the City Newsletter (info tidbits about septic systems and maybe information about timely inspections of septic systems). 3. Annual Pioneer Days – could be an opportunity to share how wastewater is managed 4. Community Health & Resource Fair The District will also be looking into ways to spread the word about septic systems such as: 1. District Website: a. Front Page - Hot Topics section (inclusion of tidbits about septic systems) b. Water Quality page – “Protecting Your Water” c. Providing links to existing SNMP and other groundwater related reports d. Septic Tank Maintenance Section 2. District Quarterly Newsletter These are options to consider and do not need to be implemented at once, but little by little as deemed appropriate. The intent is to keep residents informed of the City’s activities with respect to water quality, so that a foundation is established, conversations can begin, and improvements made as they are identified. The Water Board has been engaged in discussions with the City and the District. Progress on septic system management is expected and accomplishments are reported on annually. Progress has now begun with the inclusion of this memo and the District’s presentation to this City Council Meeting. ENVIRONMENTAL: Page 6 of 42 N/A ALTERNATIVES: N/A FISCAL IMPACT: N/A Page 7 of 42  wwmtog? 5529 in; 25$ $535.; _.w>m O_._.n_m_m ._.:Om< «w...— #20301... 30> m_>=._. ._.w<._MI... wnZMI>> EIEIEI H £1226 v3 ‘sumad auguhuaml dWViS HOV— P308 HaleH IOVZI . pgnsga 1612Mswled augulhuaM J. .838: mmLo 2mm; m-m >55 2260qu 053858 3 5:9: 3% 0E: m>mm .Emygw 25mmUmEEEmE 258 m”6 w__m:_q m5 U_o>< Page 8 of 42  36 m3 <05 55%- om=< 8289.33. om: 0 83x 0038087 Ea: <0: 3m<m “mmcmm o mmnzo.Hmsx.3898 U<m__om:mmg :83me 8:- 3 33 m mmuzo ”max 00:. 8: 23QO w- yA829. <05. Macao9333 mm CmmEm- E: o."<05. 3030 .25 <05. ammcosmmgmq. m<m$3U<Emozoim 6.. magma? mo <0: Q03 29 gum. =< Ex <9: 3663. wasEm 9w? Emmsmq mag 0.038 Emmrm; 2:: E: 63m. 003.31.33.50 :6: 24.0532 252mm. 00:.” U05 ’{ 9859 3.8. 2 3233. 0:95.- om_m56 83.8 man. «029% aosB Em Q81? 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Page 9 of 42 Page 10 of 42 Page 11 of 42 Page 12 of 42  STAFF REPORT TO: City Council FROM: City Clerk FOR MEETING: Jul 14 2026 SUBJECT: Designation of Delegate for the Annual CalCities Conference. RECOMMENDATION: The City Council designate a Delegate and Alternate Delegate for the CalCities' Annual Conference. ORDER OF PROCEDURE: Request Staff Report (City Clerk Presenting) Council Question of Staff Request Public Comment Council Discussion Motion/Second Discussion of Motion Call the Question BACKGROUND: The Cal Cities' Annual Conference and Expo is scheduled to be held in Anaheim September 23 - September 25, 2026. Every year, the League of California Cities convenes a member-driven General Assembly. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing our City and voting on Resolutions. The City Council must officially select a delegate and an alternate delegate in order for Twentynine Palms to vote on the Resolutions presented during the General Assembly. ENVIRONMENTAL: N/A ALTERNATIVES: The City Council could choose not to select a delegate or alternate to vote on the Resolutions at the business meeting. FISCAL IMPACT: N/A Page 13 of 42 Page 14 of 42  STAFF REPORT TO: City Council FROM: City Clerk FOR MEETING: Jul 14 2026 SUBJECT: Senate Bill 707 (SB707)Introduction of Policies Related to Brown Act Changes. RECOMMENDATION: The City Council: 1). Receive and file information on SB707; and 2). Review, discuss and provide recommendations to Staff on the new policies. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report (City Clerk Presenting) Council Question of Staff • POLICY NO. 22 - City Council Request Public Comment Meeting Public Participation Council Discussion Policy (1) (003) Motion/Second Discussion of Motion Call the Question • POLICY NO. 23 - City Council Meeting Technology Disruption Policy (1) BACKGROUND: On October 3, 2025, Governor Newsom signed Senate Bill 707 (SB707) into law. The intent of this bill is to increase public engagement in local government and modernize the Ralph M. Brown Act. Some SB707 provisions went into effect on January 1, 2026, however the most significant changes will become effective on July 1, 2026. Beginning July 1, 2026, under SB 707, “eligible legislative bodies,” including the Twentynine Palms City Council, must comply with new public meeting requirements. Staff will address these requirements through the following actions:  Allow remote participation via video o Implement a web conferencing platform for Council Chamber technology upgrades  Adopt a Public Participation policy outlining steps if remote access fails  Provide a public space to post translated agendas near official postings Additional changes include: Non-traditional teleconferencing expanded: Extends the pandemic-era teleconference rules though January 1, 2030, and allows Council Members to participate remotely without posting their location publicly when qualifying Page 15 of 42 under “just cause”. “Just cause” has been expanded to include childcare responsibilities, illness, family emergencies, work related travel or military service obligations. Council Members may participate remotely up to 5 meetings per year once the web conferencing platform is implemented. ADA remote participation: Council Members with disabilities may participate remotely as a reasonable accommodation, using audio/video (or audio-only if necessary), and must disclose any adults present. They count toward quorum, and standard teleconferencing rules do not apply. Social media restrictions extended: AB 992’s limits on members discussing official business on social media (including posts, comments, or emojis) are now permanent and no longer expire in 2026. Staff has prepared a City Council Meeting Public Participation Policy, to establish procedures for public participation in person, telephonically, and via the web conferencing platform. The policy language can be summarized to provide clear instructions on meeting agendas and on the City’s website, helping to encourage effective public participation. ENVIRONMENTAL: N/A ALTERNATIVES: As determined by the City Council. FISCAL IMPACT: The City will incur $21,483.92 in order to upgrade the Council Chambers to comply with SB707. Page 16 of 42  City of Twentynine Palms City Council Policy Policy No. 22 CITY COUNCIL MEETING PUBLIC PARTICIPATION POLICY PURPOSE: The City Council encourages public participation and provides multiple methods for the public to address the City Council in accordance with the Brown Act ( Gov. Code § 54950 et seq.), while ensuring an orderly and efficient meeting. BACKGROUND: Senate Bill 707 ( 2025) amended the Brown Act to require eligible legislative bodies, including public participation. This includes offering the City Council, to provide for remote way communication options that allow members of the public to both teleconferencing and two- observe meetings and provide real- time public comments. POLICY: Methods of Public Comment In -person attendance Video conference participation Telephonic participation Written submissions Speaker Registration and Procedures For in -personparticipants, advance submission by 4: 00 PM on the day of the meeting is strongly encouraged; however, requests will be accepted until 6: 00 PM. In -person speakers will be called before video conference and telephonic participants. When called, remote speakers will have 15 seconds to respond before the next speaker is called. Time Limits Each speaker will be allotted time as follows: 10 or fewer speakers: 3 minutes per speaker 15 speakers: 2 minutes per speaker 11- 16 or more speakers: 1 minute per speaker Time limits are subject to the s discretion. Mayor' The ceding of time between speakers is not permitted. Page 17 of 42 Brown Act Guidelines The City Council may not discuss or take action agendized items. on non- In -Person Participation Speaker Slips will be available outside the Council Chambers. In -Person speakers should submit speaker slips by 6: 00 PM. Individuals requiring assistance may receive help at the front desk and/ or City Clerk. Materials for City Council distribution must include 8 copies, labeled with the agenda item and meeting date. Remote Participation ( Video and Phone) Video Conference Participation Participants will be muted until called to speak. When recognized, speakers will be prompted to enable audio/ video. At the end of allotted time, audio will be muted automatically. Telephonic Participation Participants must register by email in order to receive dial -in instructions. Phones will be muted until called to speak and muted again after comments conclude. Presentations and Media Presentations must be submitted to the Clerk by 10: 00 AM the day before the meeting. Members of the public may not connect equipment to the City' s computer system. Visual media cannot use a pre- recorded audio narration that augments a live verbal presentation. In - person commenters may supplement their comment with hard copy materials and are encouraged to bring at least eight ( 8)copies to the City Clerk to provide for proper distribution and record keeping. Decorum and Code of Conduct All comments shall be directed to the City Council as a whole. Participants must maintain professional and courteous decorum appropriate for all audiences. Consistent with constitutional protections: The City speech based on viewpoint; shall not restrict However, the following are not protected and may be restricted: True threats of violence Incitement to imminent lawless action Obscenity as defined by law The Mayor shall maintain order during the meeting. Page 18 of 42 Disruptions and Enforcement Individuals who disrupt the meeting will be warned and removed. Remote participants will be muted, will have video disabled, or will be removed if they disrupt the meeting, consistent with Government Code § 54957. 9. Records All public comments, written or verbal, are considered public records and will be retained as part of the official meeting record. Page 19 of 42  City of Twentynine Palms City Council Policy Policy No. 23 CITY COUNCIL MEETING TECHNOLOGY DISRUPTION POLICY PURPOSE: This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two- way remote public access to meetings of the City of Twentynine Palms City Council, as required by the Brown Act ( Gov. Code § 54953. 4). The policy ensures transparency, public participation, and continuity of government during technology disruptions. BACKGROUND: Senate Bill 707 ( 2025) amended the Brown Act to require eligible legislate bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. POLICY: 1. Procedures in the Event of a Service Disruption Response to Service Disruption If the Clerk becomes aware of a disruption to the City' s remote access services that prevents members of the public from attending or observing the meeting remotely: 1. The Clerk shall immediately announce the disruption to the public. 2. The Mayor may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act. 3. Staff shall begin efforts to diagnose and restore the disrupted service. 4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing. Efforts to Restore Service The City shall make good faith efforts to restore remote access services, which may include: Troubleshooting platform or teleconferencing software Resetting or replacing audiovisual equipment Attempting alternative connection methods Contacting necessary support staff or service providers up equipment or platforms, if available Switching to back- The Clerk shall document the restoration efforts undertaken. Page 20 of 42 2. Reconvening the Open Session Timing The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as a service is restored, whichever occurs earlier If Service Is Restored If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal. If Service Is Not Restored If service has not been restored after one hour, the City Council may reconvene and: 1. Adjourn the meeting; or 2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding: The City of Twentynine Palms has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access." Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored. 3. Recordkeeping The Clerk shall enter a brief statement into the meeting minutes, including the following: The nature and time of the disruption The restoration efforts undertaken The time the meeting was reconvened ( if applicable) Any finding adopted 4. Preparation and Mitigation To minimize the likelihood of disruptions, Staff shall make reasonable efforts to: Verify telephonic & audiovisual systems are in working order prior to each meeting; Announce remote participation instructions at the start of each meeting; Ensure captioning is activated when required; and Maintain backup call -in numbers or alternative platforms when feasible. 5. Public Notice and Website Posting The City shall post clear instruction on its website explaining how to attend and comment remotely, including alternative options if a platform fails. Meeting notices shall state that a meeting disruption policy is in effect and identify where it may be accessed. Instructions shall be provided in applicable languages consistent with SB707 language - access requirements. 6. Review and Updates This policy may be amended by the City of Twentynine Palms at a noticed public meeting in open session, not on the consent calendar. Page 21 of 42 Page 22 of 42  STAFF REPORT TO: City Council FROM: City Manager FOR MEETING: Jul 14 2026 SUBJECT: Adoption of Resolutions (1) Ordering the Submission of a City Council Initiated Ballot Measure Related to the Adoption of an Ordinance Establishing a 1% Transaction (Sales) and Use Tax at the November 3, 2026 General Municipal Election; and (2) Setting Priorities for Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis. RECOMMENDATION: That, should it decide to move forward with the proposed ballot measure, the City Council: 1.) Adopt- Resolution No. 26-__: A Resolution of the City Council of the City of Twentynine Palms, California, ordering the submission to the qualified electors of the City of a certain measure relating to the adoption of a 1% Transactions (Sales) and Use Tax at the General Election to be held on Tuesday, November 3, 2026, as called by Resolution No. 26-19. 2) Adopt- Resolution No. 26-__: A Resolution of the City Council of the City of Twentynine Palms, California, setting priorities for filing a written argument regarding a City Council initiated measure (Ordinance) establishing a one percent (1.00%) Transactions (Sales) and Use Tax at a General Municipal Election to be held on Tuesday, November 3, 2026, and directing the City Attorney to prepare and Impartial Analysis. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report (City Manager Presenting) Council Question of Staff • RESOLUTION NO. 26-XX Request Public Comment (Resolution ordering placing Council Discussion measure on ballot) Motion/Second Discussion of Motion Call the Question • RESOLUTION NO. 26XX (Resolution regarding Ballot Arguments and Impartial Analysis BACKGROUND: The City is facing a severe and increasing structural deficit, meaning that expenses have and will continue to grow faster than revenues. In order to prevent reducing the types and quality of City services, City Staff has assessed the potential for new sources of revenue. Pursuant to State law, the City Council may not adopt an Ordinance to raise revenue. However, it can seek to place an Ordinance Page 23 of 42 for that purpose on the ballot for approval by the voters. More specifically, the voters could approve what is known as transactions and use tax, which for ease of reference is referred to in this report as a sales tax.[1] Within the last five years, the voters in the Town of Yucca Valley, and the cities of Palm Desert, Indio, and Cathedral City have all passed sales tax ballot measures. These voter approved measures have been vital in helping these cities keep up with rising costs, maintain current levels of service, avoid reducing or eliminating key quality-of-life services, and in some cases enabling the City to afford new services to meet resident needs. Despite significant efforts to improve economic conditions within Twentynine Palms, City revenues have remained flat and are projected to either remain flat or slightly decline. Flat or declining revenues are not unique to Twentynine Palms and rather are symptomatic throughout the State. Conversely, despite consistent efforts to “tighten the belt”, the City’s operating expenses continue to increase. Staff believes a 1% sales tax measure is something the City Council must consider as a possible means to address this economic situation in order for the City to be able fund various operations and activities such as: law enforcement, road maintenance, park and recreation operations, upgrades to the animal shelter and maintaining or improving other core City services. Starting in 2023, the City conducted two scientific surveys to gather community input from residents about key issues, priorities, and possible future funding considerations. Additionally, the City conducted extensive outreach through one-on-one conversations and a comprehensive and multi-channel engagement strategy. In March 2026, a Citywide mailer was sent to over 5,000 Twentynine Palms voter households, which included an invitation to a community survey and a QR code linking to a dedicated webpage with an opportunity to receive additional information and provide input about the City's priorities. The survey generated 682 responses, including 542 written comments, providing valuable insight into what matters most to residents. The survey was also promoted through ad placements on META/Facebook, with four published video advertisements and nine customized static advertisements. These digital efforts achieved a total of 184,000 impressions, 13,455 clicks, with a click-through rate of 7.31%, along with 41,726 post engagements. Following that first mailer, a second mailer was sent to residents reporting back what was heard in the survey and outlining the next steps. This work was conducted to help guide and inform the City Council's decision on whether to move forward with a City Council initiated ballot measure to enable the public to vote on whether to adopt an Ordinance implementing a proposed 1% “sales tax” (transaction and use tax). After receiving community input and discussing the potential ballot measure at the June 8th and June 23rd City Council meetings, the City Council directed the City Manager and City Clerk to return at this July 14th, 2026 City Council meeting with the package of necessary Resolutions and an Ordinance for its consideration, which would enable it to submit a ballot measure to the Registrar of Voters that would enable the public to vote on whether to adopt an Ordinance implementing a 1% “sales tax” (transaction and use tax) at the November 3, 2026, General Municipal Election. DISCUSSION: The issues before the City Council for consideration are the following: Submission of the Ballot Measure to the Voters (Resolution 26-___; Attachment 1) On June 23, 2026, the City Council adopted Resolution 26-19 to call for the holding of the General Municipal Election on Tuesday, November 3, 2026. The proposed Resolution is the action by which the City Council would formally submit the ballot measure to qualified voters at this election, and includes a draft ballot question that will appear on the ballot if approved by the City Council. The draft Ordinance is included as Exhibit A to the proposed Resolution. The City Council could make changes to either the draft Ordinance or the draft ballot question as part of its decision making process tonight. Note, the Page 24 of 42 ballot question is limited to 75 words. Note also that it is repeated in Resolution No. 26-___ (Attachment 2) so any changes made to the ballot question need to be reflected in all related documents. Note that pursuant to Government Code Section 53724(b), adoption of Resolution 26-___ (Attachment A) calling for the ballot measure to be sent to the Registrar of Voters for consideration at the November 2026 election requires approval by a ¾ vote of the entire City Council (i.e., it requires four affirmative votes from the City Council to be effective.) Priorities for Written Arguments/City Attorney Impartial Analysis (Resolution 26-____; Attachment 2) For measures placed on the ballot by the City Council, California Elections Code §9282(b) allows for the City Council to authorize one of its members to file a written argument in favor of the measure on behalf of the City Council. If this occurs, and is filed with the City Clerk in a manner that complies with all applicable laws, the City Clerk must select it for printing and distribution to the voters. The proposed Resolution reflects Staff’s recommendation that the City Council file a written argument in favor of the ballot measure on behalf of the City Council, and delegate authority related to preparing such an argument to the Mayor, including authorizing him to sign the argument on behalf of the City Council to take all such actions as deemed necessary to accomplish this in a manner that complies with all applicable provision of the Elections Code. This includes that the argument not exceed 300 words in length, and be filed by the deadline affixed by the City Clerk of Tuesday, July 28, 2026, by 5:30 p.m. If the City Council does not authorize an argument in favor of the measure, and more than one argument in favor of it is summitted, or if more than one argument against the measure is submitted, the City Clerk is required to select one of the arguments in favor, and one of the arguments against the measure, for printing and distribution to the voters in the voter information guide. California Elections Code § 9287 requires that the City Clerk give preference and priority based on the following: 1) The City Council, or member or members of the City Council it authorizes. 2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. 3) Bona fide associations of citizens. 4) Individual voters who are eligible to vote on the measure. The proposed Resolution also reflects Staff’s recommendation for the City Council to direct the City Attorney to prepare an impartial analysis showing the effect of the measure on existing law and the operation of the measure, pursuant to Elections Code § 9280. The impartial analysis shall not exceed 500 words in length and is due to the City Clerk at the same time as written arguments are due (Tuesday, July 28, 2026, by 5:30 p.m.) Note, the arguments as well as the impartial analysis will be included in the voter information guide that is distributed to voters prior to the election. [1] A transaction and use tax is not technically speaking a “sales tax”, although the practical implications of both are in essence the same. Hence the term sales tax is used in this report to minimize confusion, even though technically speaking the proposed ballot measure is for a transaction and use tax, not a sales tax, as those terms are legally defined. ENVIRONMENTAL: N/A ALTERNATIVES: Page 25 of 42 The City Council could choose not to direct that the ballot measure be sent to the Registrar of Voters to be considered for adoption by the voters in November’s general election. The City Council could chose not to have a City Council argument in favor of the measure. The City Council could chose not to request the City Attorney to prepare an impartial analysis. FISCAL IMPACT: There will be election costs associated with the placement of the measure on the November 2026 ballot. Actual costs will depend on factors such as the number of pages that need to be printed (ballot length), the quantity of guides/ballots to be printed, notices, translation services. Page 26 of 42  CITY COUNCIL RESOLUTION NO. 26-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE ADOPTION OF A 1% TRANSACTIONS (SALES) AND USE TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, AS CALLED BY RESOLUTION NO. 26-19 WHEREAS, a General Municipal Election on Tuesday, November 3, 2026, has been called by City Council Resolution No. 26-19, adopted on June 23, 2026, and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to adoption and imposition of a citywide transactions (sales) and use tax in the amount of one percent (1%). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: MEASURE XX YES Shall the measure funding services for City of Twentynine Palms residents (including those required for maintaining 911 and emergency response times, police officers and patrols; repairing streets/sidewalks; responding to floods/natural disasters; maintaining clean and safe public parks; and upgrading the animal shelter) by levying a transaction (sales) and use tax of NO 1%, providing approximately $2,000,000 in funds annually until ended by voters, requiring audits, public spending disclosures, and that all funds are used locally, be adopted? SECTION 2. That the proposed measure (ordinance) submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. Page 27 of 42  SECTION 4. That in all particulars not recited in this resolution, the General Municipal Election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. That notice of the time and place of holding the General Municipal Election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the General Municipal Election, in time, form and manner as required by law. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Twentynine Palms at a regular meeting held the 14 day of July, 2026. Daniel L. Mintz, Sr., Mayor ATTEST: Cindy Villescas, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF TWENTYNINE PALMS ) I, CINDY VILLESCAS, City Clerk of the City of Twentynine Palms, HEREBY DO CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Twentynine Palms, held on the 14 day of July 2026. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Cindy Villescas, CMC City Clerk 2 CC RESOLUTION NO. ___ Page 28 of 42 EXHIBIT A Page 29 of 42  ORDINANCE NO. XX AN ORDINANCE OF THE PEOPLE OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, ESTABLISHING A ONE PERCENT (1%) TRANSACTIONS (SALES) AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION WHEREAS, the residents of the City of Twentynine Palms (“City” or “Twentynine Palms”) choose to reside in Twentynine Palms because it offers a wide range of programs and services that enhance residents’ safety and quality of life, and maintain their property values; and WHEREAS, Twentynine Palms residents strongly prioritize maintaining and protecting key City services that protect public safety, health and welfare of residents and improve the quality of life of residents in the City; and WHEREAS, to preserve vital City services, the City must identify a reliable source of locally controlled funding; and WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes a city to impose a general tax (including a transaction (sales) and use tax) if approved by a majority vote of the qualified electors; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use tax ordinance (commonly known as a “sales tax” ordinance), which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and WHEREAS, the purpose of this ordinance (the “Purpose”) is to create a locally- controlled funding source, which is legally protected from being taken by the State, by creating a 1% transaction (sales) and use tax, the proceeds of which may only be used for local services and to address local priorities such as: maintaining 911 and emergency response times, police officers and patrols; repairing streets/sidewalks; responding to floods/natural disasters; maintaining safety of public parks; and upgrading the animal shelter. . NOW, THEREFORE THE PEOPLE OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA DO ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. Ordinance No. XX Page 1 of 9 Page 30 of 42  Section 2. Amendment of Municipal Code. Chapter 3.30, Transactions and Use Tax, is hereby added to the Twentynine Palms Municipal Code to read as follows: “Chapter 3.30 TRANSACTIONS AND USE TAX 3.30.010 Title. This ordinance shall be known as the Twentynine Palms Transactions and Use Tax Ordinance. The City of Twentynine Palms hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City. 3.30.020 Operative Date. “Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City. 3.30.030 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California (commencing with Section 6001 of the Revenue and Taxation Code) insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. Ordinance No. XX Page 2 of 9 Page 31 of 42 3.30.040 Contract with State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 3.30.050 Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one cent per dollar (1.00%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 3.30.060 Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 3.30.070 Use Tax Rate. A use tax is hereby imposed on the storage, use, or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one cent per dollar (1.00%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 3.30.080 Adoption of the Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 3.30.090 Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code: Ordinance No. XX Page 3 of 9 Page 32 of 42  A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use, or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code. B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203. 1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. 3.30.100 Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. Ordinance No. XX Page 4 of 9 Page 33 of 42 3.30.110 Exemptions and Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code, by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. Ordinance No. XX Page 5 of 9 Page 34 of 42  C. There are exempted from the use tax imposed by this ordinance, the storage, use, or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. Ordinance No. XX Page 6 of 9 Page 35 of 42  8. “A retailer engaged in business in the City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. D. Any person subject to use tax under this ordinance shall be entitled to credit against that tax any transactions tax, or to reimbursement for a transactions tax, paid to a jurisdiction or retailer in a jurisdiction imposing a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code. 3.30.120 Amendments to State Law. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code (commencing with Section 6001) relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 3.30.130 Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 3.30.140 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 3.30.150 Effective Date. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. 3.30.160 Termination Date. The authority to levy the tax imposed by this ordinance shall not expire unless terminated by lawful vote of the electorate or as required or authorized by law.” Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining Ordinance No. XX Page 7 of 9 Page 36 of 42 portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that anyone or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. Section 4. CEQA. The adoption of this ordinance is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§ 21000 et seq.). CEQA Guideline § 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA. Section 5. Appropriations Limit. Pursuant to Article XIIIB of the California Constitution, the appropriations limit for the City of Twentynine Palms is increased to the maximum extent over the maximum period of time allowed under the law consistent with the revenues generated by this tax. Section 6. Election Required. This ordinance shall not become effective unless and until a majority of City voters voting on this measure vote to approve the imposition of City transactions and use tax (commonly known as a “sales tax”) at the General Municipal Election to be held on November 3rd, 2026. Section 7. Term/Amendments Requiring Vote. This ordinance shall remain in effect unless rescinded or amended by a vote of the electorate of the City of Twentynine Palms at a properly called election; provided, however, the City Council is authorized to approve amendments if and as may be needed to conform the provisions hereof with any requirements of State law so long as such amendments do not conflict with the Purpose hereof as defined in the Recitals. Section 8. Limitation on Expenditures; Audits/Disclosures. Revenue received by the City from the 1% transaction and use tax created by this ordinance shall only be used in furtherance of the Purpose hereof, as defined in the Recitals, and the City’s annual audit shall include a confirmation that this limitation on spending has been complied with, as well as a summary of how such revenue was expended in the audit period with such summary maintained as a public record available for disclosure to the public. Section 9. Execution. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of it and publish it in the manner required by law. Section 10. Certification. The City Clerk of the City of Twentynine Palms shall certify that this ordinance was passed, approved and adopted by the People of the City Ordinance No. XX Page 8 of 9 Page 37 of 42 of Twentynine Palms, California, voting on the 3rd day of November, 2026. Section 11. Effective Date. This ordinance shall be considered as adopted upon the date that the vote on this ordinance is certified by the City Council for the City of Twentynine Palms, and shall go into effect 10 days after that date. Ordinance No. XX Page 9 of 9 Page 38 of 42  ADOPTED by the vote of the people of the City of Twentynine Palms on, November 3, 2023 at a General Municipal Election as certified by the City Council of the City of Twentynine Palms on the XX day of XX, 2026, and becomes effective 10 days thereafter on XX, 2026. ATTEST: ________________________________ Cindy Villescas, CMC City Clerk of the City of Twentynine Palms STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF TWENTYNINE PALMS ) I, CINDY VILLESCAS, City Clerk of the City of Twentynine Palms, HEREBY DO CERTIFY that the foregoing Ordinance was adopted by the voters of the City of Twentynine Palms as an initiative measure at an election held on November 3, 2026, as certified by the City Council of the City of Twentynine Palms on the X day of X , 2026, and that the ordinance becomes effective 10 days thereafter on X, 2026. __________________________________ Cindy Villescas, CMC City Clerk of the City of Twentynine Palms Page 39 of 42  CITY COUNCIL RESOLUTION NO. 26-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY COUNCIL INITIATED MEASURE (ORDINANCE) ESTABLISHING A ONE PERCENT (1%) TRANSACTIONS (SALES) AND USE TAX AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, pursuant to the provisions of the laws of the State of California, a General Municipal Election has been called to be held in the City of Twentynine Palms, California, on November 3, 2026, at which there will be submitted to the voters the following measure: MEASURE XX Shall the measure funding services for City of Twentynine Palms YES residents (including those required for maintaining 911 and emergency response times, police officers and patrols; repairing streets/sidewalks; responding to floods/natural disasters; maintaining clean and safe public parks; and upgrading the animal shelter) by levying a transaction (sales) and use tax of 1%, providing approximately $2,000,000 in funds annually until ended by voters, NO requiring audits, public spending disclosures, and that all funds are used locally, be adopted? WHEREAS, California Elections Code Section 9282 provides that the City Council may authorize one of its member to file a written argument in favor of a City initiated measure submitted at municipal elections; and WHEREAS, California Elections Code Section 9280 provides that the City Council may direct the City Attorney to prepare an impartial analysis in connection with a City initiated measure submitted at municipal elections. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes the Mayor to file a written argument in favor of the above noted City Council initiated measure on behalf of the Twentynine Palms City Council, and delegates authority to the Mayor take all such actions as deemed necessary to do so, in a manner that complies with all applicable provision of the Elections Code, including without limitation to drafting such argument (which shall not exceed 300 words), and submitting it to the City Clerk along with all materials required by law. Page 40 of 42 Resolution No. ____ Page 2 Arguments for or against the measure may be changed or withdrawn until and including July 28, 2026, by 5:00 p.m., the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, and that: a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance _____ or Measure _____. If you desire a copy of the Ordinance or Measure, please call the election official’s office at (760) 367-6799 and a copy will be mailed at no cost to you.” d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments (5:00 p.m. on July 28, 2026). SECTION 3. If more than one argument for or against the City measure is submitted to the City Clerk, the City Clerk shall select one of the arguments for printing and distribution to the voters, according to the preferences and priorities set forth in Section 9287 of the Elections Code. SECTION 4. The City Clerk shall print, or cause to be printed, in the Official Sample Ballot, the entire text of the arguments for or against the measure in uniform type, style and spacing. SECTION 5. That the Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED this 14th day of July 2026 by the following vote: ________________________________ Daniel L. Mintz, Sr., Mayor ATTEST: ________________________________ Cindy Villescas, CMC City Clerk Page 41 of 42 Resolution No. ____ Page 3 I hereby certify that the foregoing Resolution No. 26-23 was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 14 day of July 2026, by the following vote of the Council: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ________________________________ Cindy Villescas, CMC City Clerk APPROVED AS TO FORM: ________________________________ A. Patrick Munoz, City Attorney Page 42 of 42