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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session
MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
June 14, 2022
CLOSED SESSION AGENDA
5:15 P.M.
CALL TO ORDER -
Mayor O'Gilvie called the Closed Session to order at 5:15 p.m.
Roll Call - The following Councilmembers were present:
Bilderain, Klink, Mintz, Wright, O'Gilvie.
Adjourn to Closed Session - Mayor O'Gilvie adjourned to Closed Session at 5:18 p.m.
CLOSED SESSION
Closed Session Pursuant to Government Code §54957 - Public Employees Performance Evaluation, City Manager.
REGULAR SESSION AGENDA
6:00 p.m.
CALL TO ORDER -
Twentynine Palms High School Senior Graduate Joel Horn called the meeting to order at 6:03 p.m.
Pledge of Allegiance - Joel Horn led the Pledge of Allegiance.
Invocation -
Pastor Mike Maddy of Shadow Mountain Community Church led the Invocation.
Roll Call - The following Councilmembers were present:
Bilderain, Klink, Mintz, Wright, O'Gilvie.
Closed Session Announcements - Mayor O'Gilvie announced that there was no reportable action from the Closed Session.
Changes to the Agenda - There was one addition to the Presentations, Presentation to the Steward Family.
ANNOUNCEMENTS
Mayor O'Gilvie announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.
You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. 2.
Presentation to the Steward Family for their Participation in the Adopt a City Street Program.
Mayor O'Gilvie presented a Certificate of Appreciation and a letter to Nick Steward and his family for their participation in the Adopt a City Street Program.
Mr. Steward thanked the City Council and mentioned that it was a pleasure to do this with his family.
Presentation to Troop 229 for their Participation in the Cash for Trash and Recycling Program.
Mayor Pro Tem Wright presented a check for $300 from the City of Twentynine Palms and a check for $300 from Burrtec Waste and Recycling Services to Troop 77 for their participation in the Cash for Trash and Recycling Program.
3. 4.
Proclamation celebrating LGBTQ+ PRIDE Month 2022.
Mayor O'Gilvie read the Proclamation celebrating LGBTQ+ Pride Month.
Proclamation honoring Juneteenth Independence Day 2022.
Mayor O'Gilvie read the Proclamation honoring Juneteenth Independence Day in May 2022 and presented it to Mr. Gary Horn.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Klink wished everyone celebrating a birthday in June a Happy Birthday.
He commented that he attended the Memorial Day Service and thanked Mrs. Emily Helm and the Cemetery Board for putting the service together and to Joel Daniel for the music he provided.
Councilmember Mintz mentioned that he attended the MDAQMD meeting and the CMC Golf Fundraising Tournament.
Councilmember Bilderain wished a Happy Birthday to those celebrating in June.
He commented that he did not attend any meetings and he congratulated the graduating seniors of 2022.
Mayor Pro Tem Wright wished his wife a Happy Birthday and he congratulated all the graduates.
He mentioned that he attended the Senior Center Memorial Barbecue, and he attended the MBTA Employee Appreciation Barbecue.
Mayor O'Gilvie recognized Memorial Day and mentioned that she did not attend any meetings.
CONSENT CALENDAR
5. Waive the Reading of Ordinance and Approve the Reading by Title Only.
6. Approval of Minutes of the City Council Meeting Held on May 10, 2022 and May 24, 2022.
7. Adoption of an Election Resolution Calling and Giving Notice of a General Municipal Election for Tuesday, November 8, 2022 and Requesting Consolidation of the Municipal Election with the Statewide General Election.
8. Legislative Report - May 2022.
9. Fire Department Monthly Report - May 2022.
10. Twentynine Palms Lighting and Landscaping Assessment District #1, Engineer’s Annual Report, and Levy of Assessment for FY 2022-2023.
11. Second Reading of Final Ordinance Authorizing the Amendment the Contract with California Public Employees' Retirement System (CalPERS) to Provide Partial Service Retirement for the Miscellaneous Retirement Group.
12. Waste Disposal Agreement (WDA) Amendment 8
.
13. 14.
Acceptance of Construction for the Project Phoenix Site Improvements.
Senate Bill 1 Road Maintenance and Rehabilitation Account Project List Approval and Budget Amendment.
City Manager Luckino asked Mayor O'Gilvie to pull Item Number 10 because the State of California needs a roll call vote, separate from the original Consent Calendar roll call vote.
ACTION:
A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Wright to approve the Consent Calendar as submitted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
MINTZ FROM ITEM #12
ABSENT:
NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
10. Second Reading of Final Ordinance Authorizing the Amendment the Contract with California Public Employees' Retirement System (CalPERS) to Provide Partial Service Retirement for the Miscellaneous Retirement Group.
City Manager Luckino presented the Staff Report Item number 10.
ACTION:
A motion was made by Councilmember Klink, seconded by Councilmember Bilderain to approve the Second Reading of Final Ordinance Authorizing the Amendment the Contract with California Public Employees' Retirement System (CalPERS) to Provide Partial Service Retirement for the Miscellaneous Retirement Group.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
PUBLIC HEARING
15. Amendments to the City's Master Fee Schedule.
Finance Director Hernandez presented the Staff Report.
Mayor O'Gilvie opened the Public Hearing.
City Clerk Villescas read a letter from Susan Peplow, Twentynine Palms, into the record.
Mayor O'Gilvie closed the Public Hearing.
Councilmember Klink commented that the VHR fees are too high.
Councilmember Mintz asked if there was as much work done with a renewal as it is with an initial application.
Director Clark (Director Clark) replied not typically.
He suggested that the fee gets reduced to $300 and evaluate this at a later date.
Mayor Pro Tem Wright mentioned that he agrees with Councilmember Mintz. $300 is a nice even number.
Michelle Boelter, Twentynine Palms, commented that she is an Air BnB owner and there currently is no fee for inspections so that amount is going to be extra.
After a brief discussion, a motion was made by Mayor Pro Tem Wright to make the VHR fee $300 and accept all other fees mentioned in the Staff Report with the condition that the VHR fees be evaluated again in a year, seconded by Councilmember Mintz.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
DISCUSSION AND POTENTIAL ACTION ITEMS
16. Active Transportation Projects (ATP)Grant Submission for Hatch/Sullivan Bike Paths.
City Manager Luckino presented the Staff Report.
Ted Wright. Twentynine Palms, asked if the City Council was aware of the Morongo Basin Active Transportation Plan and wanted to know if this plan was part of this project.
He commented that he would like to see a bike path on Highway 62 from Twentynine Palms to Morongo Valley.
17. Award Twentynine Palms Channel Trail Construction Contract.
RECOMMENDATION
: That the City Council:
Adopt the design of the project represented by the Plans and Specifications for the Twentynine Palms Recreation Trail; Award a contract for the “Twentynine Palms Recreation Trail,” to Urban Habitat, in the amount of $776,033.18 and authorize a Five Percent (5%) Contingency in the amount of $38,801.66, for a total contract amount of $814,834.84; Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
Give Policy direction on additional resources needed to complete the funding for the project.
City Manager Luckino presented the Staff Report.
Susan Peplow, Joshua Tree, asked if the City would consider accepting donations of fence for the project.
Community Development Director Clark commented that it would depend on the quality of the fence.
ACTION:
A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright to Adopt the design of the project represented by the Plans and Specifications for the Twentynine Palms Recreation Trail; Award a contract for the “Twentynine Palms Recreation Trail,” to Urban Habitat, in the amount of $776,033.18 and authorize a Five Percent (5%) Contingency in the amount of $38,801.66, for a total contract amount of $814,834.84; Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
Give Policy direction on additional resources needed to complete the funding for the project.
Accept the change orders as recommended.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
18. Award of Luckie Park Pool Rehabilitation Contracts.
RECOMMENDATION
: The City Council consider the following:
1. Give policy direction on adding funding for the pool, and/or
2. Give policy direction on deleting funding for other projects and reallocating those funds for the pool, and
3. Adopt the design of the project represented by the Plans and Specifications for the Luckie Park Pool Rehabilitation Project;
4. Awarding six contracts for the construction of Luckie Park Pool and authorizing the City Manager to negotiate and execute the associated contracts totaling $2,155,985, and
5. Give policy direction on the ad alternates, and
6. Reject and Rebid the Pool.
City Manager Luckino presented the Staff Report.
He then passed the floor to Mr. Bryant Ismerio, Project Executive with Tilden-Coil Constructors, who provided more information on the project.
Mr. Ken Moeller with Arch-Pac Aquatics was present via Zoom to explain or answer questions from the City Council.
Irene Beard, Twentynine Palms, sent a note to be read into the record, that the Staff Report listed the school district as needing the starting blocks and lane lines, however, it is the swim team not the school.
After a lengthy discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Klink to allocate $6.2 million dollars to complete this rehabilitation project with the stipulation of the filter.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
19. LAFCO Special Service Review.
RECOMMENDATION
: The City Council approve Resolution No. 22-14 that requests the completion of the special service review of the Twentynine Palms Community that includes the City of Twentynine Palms, Twentynine Palms Water District, and Twentynine Palms Public Cemetery District without any additional action.
City Manager Luckino presented the Staff Report.
ACTION:
A motion was made by Councilmember Klink, seconded by Councilmember Mintz to approve Resolution No. 22-14 that requests the completion of the special service review of the Twentynine Palms Community that includes the City of Twentynine Palms, Twentynine Palms Water District, and Twentynine Palms Public Cemetery District without any additional action.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
20. Proposed Budget Revisions for the General Fund for Fiscal Year 2022-23.
RECOMMENDATION
: The City Council approve the following:
1. Resolution No. 22-15, approving the General Fund budget revisions for FY 2022-23 including the following:
a. Annual Spending Plan;
b. Employee Cost of Living Adjustment (COLA) of 6.9%; and c. Wage Schedules.
2. Inter-fund Transfers:
i.
FY 2021-22:
a. $20,000 from the General Fund to the Capital Projects fund for construction management of the Split Rock Bridge design. ii. FY 2022-23 transfers:
a. $3,347,606 from the General Fund to the Capital Projects fund for capital projects including the Luckie Park pool upgrade ($1.1M), replacement of light poles at Luckie Park pool ($1M), Animal Control building improvements ($700K), Community Development office remodel ($250K), Self-funding ($160K), City Hall Shade Structures ($45K), Re-roofing ($33K), and Street sweeper ($20K). b. $566,750 from the General Fund to the Sewer Fund for the City's wastewater treatment and sewer plant ($500K) and Project Phoenix sewer maintenance costs ($67K). c. $30,000 from the General Fund to the Traffic Safety Fund for self-funding.
Finance Director Hernandez presented the Staff Report.
ACTION:
A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright to approve Resolution No. 22-15, approving the General Fund budget revisions for FY 2022-23 including the following:
a. Annual Spending Plan;
b. Employee Cost of Living Adjustment (COLA) of 6.9%; and c. Wage Schedules.
2. Inter-fund Transfers:
i.
FY 2021-22:
a. $20,000 from the General Fund to the Capital Projects fund for construction management of the Split Rock Bridge design. ii. FY 2022-23 transfers:
a. $3,347,606 from the General Fund to the Capital Projects fund for capital projects including the Luckie Park pool upgrade ($1.1M), replacement of light poles at Luckie Park pool ($1M), Animal Control building improvements ($700K), Community Development office remodel ($250K), Self-funding ($160K), City Hall Shade Structures ($45K), Re-roofing ($33K), and Street sweeper ($20K). b. $566,750 from the General Fund to the Sewer Fund for the City's wastewater treatment and sewer plant ($500K) and Project Phoenix sewer maintenance costs ($67K). c. $30,000 from the General Fund to the Traffic Safety Fund for self-funding.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 8:17 p.m.
21. Proposed Budget Revisions for Project Phoenix Funds for Fiscal Year 2022-23 .
RECOMMENDATION
: The City Council approve the following:
1. Resolution No. 22-16, approving the budget revisions for the Project Phoenix Funds for FY 2022-23;
2. Inter-fund Transfers:
i. FY 2021-22:
a. $144,550 transfer from the Capital Projects fund to Sewer Fund for the design of the Project Phoenix Wastewater Treatment Plant.
Finance Director Hernandez presented the Staff Report.
ACTION:
A motion was made by Mayor Pro Tem Wright, seconded by Councilmember Bilderain to approve:
1. Resolution No. 22-16, approving the budget revisions for the Project Phoenix Funds for FY 2022-23;
2. Inter-fund Transfers:
i. FY 2021-22:
a. $144,550 transfer from the Capital Projects fund to Sewer Fund for the design of the Project Phoenix Wastewater Treatment Plant.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES:
BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Councilmember Mintz returned to the Council Chambers at 8:23 p.m.
22. Abandoned Shopping Carts - Future Agenda Item Request .
RECOMMENDATION:
The City Council provide direction to Staff on policy or regulatory actions to reduce the number of abandoned shopping carts and send down to the Planning Commission for policy development.
Director Clark presented the Staff Report.
Councilmember Klink suggested that a meeting with all store owners with shopping carts be initiated to find a solution to this issue before initiating punitive measures.
All Councilmembers were in agreement.
FUTURE COUNCIL INITIATED ITEMS
1. Discussion on adding sidewalk and picnic tables in Veterans' Park.
2. Voting for Mayor as opposed to current selection process.
3. Seasonal banners throughout the City.
4. Expanding the area for the Business Improvement Program.
Councilmember Klink wanted to add drafting an Ordinance that prohibits open fire pits until further notice due to the drought.
Councilmember Mintz seconded the item.
PUBLIC COMMENTS
Susan Peplow, Joshua Tree, asked if the City Council could set up protocol procedures for nuisance and complaints, not just for VHRs but for the community as well.
CITY MANAGER UPDATE
City Manager Luckino gave the following updates:
there are 43 VHR spots open, homelessness is becoming a bigger problem in our city, Burrtec will be raising their rates, and he thanked the City Council for the evaluation he was given tonight, but its not just him, the Staff has alot to do with his performance.
He thanked the Staff as well.
ADJOURNMENT -
Mayor O'Gilvie adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO