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Council narrows facility fee waivers for nonprofits after debate over fiscal impact and free speech
Summary
Council amended Policy No. 1 to limit fee‑waiver days for nonprofits to two per calendar year (per facility), add deposit and cancellation requirements, and create an appeal route to council with no fee; staff said prior waivers totaled just over $20,000 in potential rental income. Opponents warned the changes could chill civic speech and penalize groups that have sued the city.
The City of Twentynine Palms on Nov. 11 approved amendments to its fee‑waiver and facility rental rules intended to reduce lost revenue and improve cost recovery for city facilities. Staff reported that, under the current practice since May 2024, fee waivers tracked by staff amounted to just over $20,000 in potential rental income and that the city had no deposit, cancellation or refund policy for many facilities.
Key policy changes the council approved include: reducing the number of fee‑waiver days available to nonprofit organizations (council modified staff’s initial proposal and approved a two‑day per calendar year limit per qualified nonprofit per facility), instituting a refundable deposit requirement for rentals, imposing forfeiture of deposits for late cancellations, and adding an administrative process and a council appeal mechanism (the appeal fee would be waived).
Public commenters — including Jonathan Hume of Desert Trumpet and Cindy Bernard of Indian Cove Neighbors — urged caution. Bernard argued the proposal could target groups that criticize the city and raised First Amendment concerns, citing Supreme Court precedents. City Attorney (speaker 21) responded that fee waivers are discretionary staff actions and recommended adding an appeal path to council to protect due process. Council members debated compromise alternatives (two days rather than the staff‑proposed one) and agreed to grandfather existing waivers that were already in place.
Motion and outcome: Councilmember (speaker 3) moved to amend Policy No. 1 to the two‑day limit with an appeal to council and a waived appeal fee; the motion was seconded and approved by roll call 5–0.
What’s next: Staff will apply the new deposit and cancellation rules citywide, grandfather organizations with existing waivers and implement the appeal procedure that allows applicants to bring a denied waiver to council for consideration.
