TWENTYNINE PALMS CITY COUNCIL
CITY COUNCIL - REGULAR MEETING MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
May 10, 2022
CALL TO ORDER - Twentynine Palms High School Student Stemarian Hines called the meeting to order at 6:02 p.m.
Pledge of Allegiance - Stemarian Hines led the Pledge of Allegiance.
Invocation - Elder Nathan Niles of The Church of Jesus Christ of Latter Day Saints, gave the Invocation.
Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Wright, O'Gilvie.
Closed Session Announcements - None.
Changes to the Agenda - None.
ANNOUNCEMENTS
Mayor O'Gilvie mentioned that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Introduction of the City's Newest Employees: Jorge Muro and Nathan Yantes.
Public Works Superintendent Stacey introduced Jorge Muro, Maintenance Worker I and Nathan Yantes, Maintenance Worker I.
2. 3.
Proclamation for Mental Health Awareness Month
Mayor O'Gilvie read the Proclamation Recognizing May as Mental Health Awareness Month.
Presentation by San Bernardino County Fire Chief Dan Munsey on FP5.
Chief Munsey was unable to make the meeting. Assistant Chief Scott Tuttle gave a PowerPoint Presentation on the FP5 tax.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Mayor Pro Tem Wright commented that he attended the National Day of Prayer Services held on May 5th, the Cultural Center Grand Opening, the Charging Station Ribbon Cutting Ceremony, and the Farmer's Market. He exclaimed that Freedom Plaza is awesome.
Councilmember Bilderain mentioned that he attended the CDBG Committee meeting, the Cinco de Mayo festivities that were held at Project Phoenix, and unfortunately, he was unable to attend the Cultural Center Grand Opening.
Councilmember Klink wished everyone celebrating a birthday in May a Happy Birthday, he attended the SBCTA meeting, the Grand Opening for the Joshua Tree National Park Cultural Center, and the Ribbon Cutting Ceremony for the Charging Station, he welcomed the newest City employees and congratulated the Park and Rec staff for the Cinco de Mayo festivities.
City Council - Regular Meeting
May 10, 2022
Councilmember Mintz commented that he attended the Grand Opening of the Cultural Center and the Ribbon Cutting Ceremony for the Charging Station, the SCAG's Annual General Assembly and mentioned that the High School softball season is over with our girls taking third place in the League.
Mayor O'Gilvie mentioned that she attended the National Day of Prayer services, the CDBG committee meeting, the Grand Opening of the Cultural Center, the Ribbon Cutting Ceremony of the Charging Station and she threw the first pitch at Opening Ceremonies of Little League.
CONSENT CALENDAR
4. Waive the Reading of Ordinance and Approve the Reading by Title Only.
5. Appropriation Limit.
RECOMMENDATION: The City Council establish an appropriation limit for Fiscal Year 2022-2023 by the adoption of the next Resolution in order.
6. Treasurer's Report.
7. Annual Contract with the San Bernardino County Sheriff's Department.
RECOMMENDATION: The City Council approve the annual contract with the San Bernardino County Sheriff’s Department for Law Enforcement Services in the amount of $4,514,252 plus incidental expenses.
8. Vacation of Road Easements and a Utility Easement at 75800 Joe Davis Drive.
RECOMMENDATION:
1. Find that the south 25’ wide portion of a 50’ wide utility service easement along the north boundary of 75800 Joe Davis Drive as described on the attached Exhibit “A”, “Partial Vacation of Utility Easement,” and shown on Attached Exhibit “B”, “Partial Vacation of Utility Easement,” has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and;
2. Adopt Resolution No. 22-07 “A Resolution of the City Council of the City of Twentynine Palms, California, vacating a portion of the Public Service Utility Easement within the property described in grant deed recorded in Book 1987, page 289 and recorded March 11, 1947 official Records of the County of San Bernardino, pursuant to Streets and Highways Code Sections 8330-8336”
3. Find that the 40’ wide and 50 ‘wide road easements along the north boundary of 75800 Joe Davis Dr as described on the attached Exhibit “A”, “Vacation of Road Easement”, and shown on Attached Exhibit “B”, “Vacation of Road Easement,” are unnecessary for present or prospective public use, and that no public money has been expended for maintenance for more than five (5) years, and;
4. Adopt Resolution No. 22-08 “A Resolution of the City Council of the City of Twentynine Palms, California, vacating the road easements within the property described in grant deed recorded in Book 1987, page 289 and recorded March 11, 1947 official Records of the County of San Bernardino, pursuant to Streets and Highways Code Sections 8330-8336”
5. Instruct the City Clerk to cause the resolutions vacating a portion of the utility easement and the road easements be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.
9. Second Reading: Adoption of the Downtown Specific Plan and Mitigated Negative Declaration.
City Council - Regular Meeting
May 10, 2022
RECOMMENDATION: The City Council hold a Public Hearing, approve Ordinance No. 298, adopting the new Downtown Specific Plan and the associated Mitigate Negative Declaration.
10. Acceptance of Work, Notice of Completion and Release of Retention for the Project Phoenix Community Center.
RECOMMENDATION: The City Council approve the following:
1. Accept the Project Phoenix Community Center for a total cost of $7,230,039;
2. Direct the City Clerk to file the Notice of Completion for the contract work;
3. Direct the Finance Director to release retained funds thirty (30) days after the filing of the Notice of Completion, provided no claims are filed against the contractor and punch list items are addressed.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar as submitted.
Councilmember Mintz abstained from Item #10 due to a possible conflict of interest.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: MINTZ FROM ITEM #10
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION – None.
PUBLIC HEARINGS
11. Adopt a Resolution of Intention to Initiate an Amendment to the California Public Employees’ Retirement System (CalPERS) to Provide Partial Service Retirement for the Miscellaneous Retirement Group.
RECOMMENDATION: Staff recommends the following actions:
1. City Council adopt the attached Resolution of Intention to declare the City's intent to approve an amendment to the contract between the City and CalPERS to provide Partial Service Retirement for full-time local Miscellaneous members who meet the normal retirement age and service requirements pursuant to Government Code Section 21118 (Partial Service Retirement).
2. Upon adoption of the Resolution of Intention, City Council authorize the City Clerk to certify a copy of the Resolution.
3. Authorize the City Clerk to sign the Certification of Compliance with Government Code Section 7507.
4. Conduct first reading of the Ordinance, which may be held on the same day the Resolution of Intention is adopted.
City Manager Luckino presented the Staff Report.
Mayor O'Gilvie opened the Public Hearing.
Mayor O'Gilvie closed the Public Hearing.
Councilmember Klink commented that he thinks this is a great thing as it is hard to find people to work these days and this will help the City.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Mintz to:
City Council - Regular Meeting
May 10, 2022
1. City Council adopt the attached Resolution of Intention to declare the City's intent to approve an amendment to the contract between the City and CalPERS to provide Partial Service Retirement for full-time local Miscellaneous members who meet the normal retirement age and service requirements pursuant to Government Code Section 21118 (Partial Service Retirement).
2. Upon adoption of the Resolution of Intention, City Council authorize the City Clerk to certify a copy of the Resolution.
3. Authorize the City Clerk to sign the Certification of Compliance with Government Code Section 7507.
4. Conduct first reading of the Ordinance, which may be held on the same day the Resolution of Intention is adopted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: NONE
ABSENT: NONE
12. Amendments to the Development Code Chapter 19.41, Vacation Home Rental.
RECOMMENDATION: The City Council approve the Ordinance amending Chapter 19.41, Vacation Home Rental of the Development Code, and find the project categorically exempt from CEQA.
Community Development Director Clark (Director Clark) presented the Staff Report and provided a Power Point Presentation.
Mayor O'Gilvie opened the Public Hearing.
Jim Krushat, Twentynine Palms, reiterated some of the items that were discussed in the meetings held prior to this meeting. He also commented that he would like to see the VHR licenses go to our local community investors.
Donovan Smith, Twentynine Palms, spoke in favor of stronger regulations of short-term rentals.
Susan Peplow, Joshua Tree, spoke regarding the new proposed requirements, and suggested the City create a TOT grant program.
Elliott Balsley, Twentynine Palms, commented that he had some concerns about the hotline number for VHRs, indicating that the information about the phone number is misleading.
Wayne Hamilton, Twentynine Palms, commented that he would like the City Council to consider all the families that are being displaced from homes they rent because of these VHRs.
Heather Vescent, Twentynine Palms, commented that she supports most of the changes that are being proposed, but has concerns about the use it or lose it clause and she supports a TOT grant.
Jonathan Hume, Twentynine Palms, spoke on the ownership cap change.
Cindy Bernard, Twentynine Palms, commented on the items Ms. Peplow spoke of and the use it or lost clause.
Robert Boelter, Twentynine Palms, spoke on the VHR cap. He commented that he is concerned with this cap because he is a local and he has 5 VHRs that he has invested a lot of money in.
City Council - Regular Meeting
May 10, 2022
Astrid Johnson, Twentynine Palms, spoke in opposition of VHRs, expressing that there should be a cap on the amount of VHRs because there are many people in the community that are becoming homeless due to homes in the city being turned into VHRs.
The following sent in emails and were read into the record by City Clerk Villescas:
Alyson Hendrix
Chuck and Heidi Heard
Debra Shea
Teeney Hood
Jennifer Ruggiero
Darcy Phillips
Mayor O'Gilvie closed the Public Hearing.
Councilmember Mintz mentioned some of the comments that were given at the VHR committee meetings.
After a lengthy discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Bilderain to set a cap on the amount of VHRs in the City at 500, limiting the amount of VHRs to 5 per permitter, a use it or lose it requirement on a VHR, a one night minimum on VHRs, and a 300-foot notification to homeowners in the radius. The motion is to introduce the Ordinance with the changes mentioned.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: NONE
ABSENT: NONE
DISCUSSION AND POTENTIAL ACTION ITEMS
13. Community Center Rental Fees (Freedom Plaza).
RECOMMENDATION: Staff is recommending public and private use of the new community center, stage and plaza located at 6547 Freedom Way for the following fees:
1. Gymnasium - $175/hr. for private, plus deposit of $125;
2. Outside (Stage, Courtyard area between the buildings, and Freedom Way) flat fee of $126, plus deposit at $125;
3. Non-Profit events have no charge with the exception of cleaning and damage reimbursement
4. Evaluate at the end of year for adjustments
Recreation Division Manager Minatrea presented the Staff Report.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright to approve the recommended fees for the Community Center rental.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: NONE
ABSENT: NONE
City Council - Regular Meeting
May 10, 2022
14. Equity and Social Justice Element of the General Plan RECOMMENDATION: Staff is recommending the City Council appoint a Five-Person General Plan Advisory Committee (GPAC) to guide and provide input on a new Equity and Social Justice Element of the City's General Plan.
City Manager Luckino introduced the item and then passed the floor to Mr. John Criste, President of Terra Nova Planning and Research, who gave a Power Point presentation.
FUTURE COUNCIL INITIATED ITEMS
1. Discussion on adding sidewalk and picnic tables in Veterans' Park.
2. Shopping Carts.
3. Voting for Mayor as opposed to current selection process.
4. Seasonal banners throughout the City.
5. Expanding the area for the Business Improvement Program.
No items were added, however, Councilmember Klink commented that the shopping cart issue is increasing. City Manager Luckino commented that the City will be contracting this out to bring something back to the City Council.
PUBLIC COMMENTS - None.
CITY MANAGER UPDATE
City Manager Luckino provided the following updates: the Luckie Park Pool Bid closes on May 24th, the Channel Trail Bid closes on May 26th, the Joshua Tree National Park Cultural Center Grand Opening was a success, the City continues to work on the four-plex that was purchased recently and the shade structures at Luckie Park is expected to be complete by late summer, early fall.
Councilmember Mintz asked about the median in front of Stater Brothers. City Manager Luckino mentioned that the City is working with CalTrans to obtain the encroachment permit and once that is received, the City can go out to bid on this project, with a potential completion date of early September.
ADJOURNMENT - Mayor O'Gilvie adjourned the meeting at 8:26 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO