TWENTYNINE PALMS CITY COUNCIL
SPECIAL MEETING MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
July 20, 2022
CALL TO ORDER - Mayor O'Gilvie called the meeting to order at 6:00 p.m.
Pledge of Allegiance - Mayor O'Gilvie led the Pledge of Allegiance.
Invocation - Rev. Don Thursby of Little Church of the Desert gave the Invocation.
The following Councilmembers were present: Bilderain, Klink, Mintz, Wright, O'Gilvie.
Closed Session Announcements - None.
Changes to the Agenda - None.
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 the City website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation to Troop 77 for Their Participation in the Cash for Trash and Recycling Program.
Mayor Pro Tem Wright presented a check in the amount of $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.
2. Presentation to Captain Luke Niles, San Bernardino County Sheriff's Department (SBCSD), upon his Retirement and Introduction of the New Captain for SBCSD.
Mayor O'Gilvie presented a plaque to Captain Luke Niles and thanked him for his service to the City of Twentynine Palms and the Morongo Basin. She wished him luck on his retirement. Captain Niles then introduced the Morongo Basin's new Captain, Robert Warrick.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Klink wished everyone that is celebrating a birthday in July a Happy Birthday. He commented that he attended a Groundbreaking Ceremony for the Channel Trail project and he reminded everyone to drink plenty of water as the weather is very hot and temperatures are expected to go up in the next few weeks.
Councilmember Mintz attended the MDAQMD meeting in Victorville, the 4th of July event at Knotts' Sky Park and the Groundbreaking Ceremony for the Channel Trail project. He mentioned that he pulled papers the day before to run for City Council.
Councilmember Bilderain commented that he has been following the Little League Allstar teams and that the City had one team make it to State and come just short of going on to Regionals. He congratulated Captain Niles on his retirement and welcomed the new Captain.
City Council - Special Meeting
July 20, 2022
Mayor Pro Tem Wright commented that he attended the Channel Trail Groundbreaking Ceremony, he congratulated Captain Niles on his retirement and welcomed the new Captain. He mentioned that he had the honor of celebrating the 100th birthday of one of our residents, Ms. Josephine Bizzarro. He reminded the community to stay hydrated.
Mayor O'Gilvie mentioned she attended the 4th of July celebration at Knotts' Sky Park and what a great turnout! She commented that she attended the Channel Trail Groundbreaking Ceremony, was a guest speaker at the Bureau of Land Management (BLM) meeting, attended the Juneteenth Celebration at Luckie Park and she participated in a Ride Along with two of our San Bernardino County Sheriff's Deputies and it was very eye opening. She gave a shout out to Deputy Stumbo and Deputy Gonzales for allowing her to ride with them.
CONSENT CALENDAR
3. Waive the Reading of Ordinance and Approve the Reading by Title Only.
4. Approval of Minutes of the City Council Meeting Held on June 14, 2022.
5. Approval of Project Phoenix Warrant Register Totaling $389,565.78
6. Approval of Warrant Register Totaling $2,422,446.36
7. Legislative Report - June 2022
8. Fire Department Monthly Report - June 2022
9. Award of Luckie Park Pool Rehabilitation Contracts.
RECOMMENDATION: The City Council approve the following:
1. Adopt the design of the project represented by the Plans and Specifications for the Luckie Park Pool Rehabilitation Project; and
2. Award the contract for the construction of Luckie Park Pool and authorize the City Manager to negotiate and execute the associated contract totaling $2,695,000.
10. 6583-6589 Freedom Way Demolitions.
RECOMMENDATION: That the City Council:
1. Award a contract to demolish the structures at 6583-6589 Freedom Way to A to Z Grading & Excavation in the amount of $57,000 and authorize a Ten Percent (10%) Contingency in the amount of $5,700, for a total contract amount of $62,700.
2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
11. Luckie Park Pool Testing and Inspection Services.
RECOMMENDATION: The City Council:
1. Award a contract for the “Luckie Park Pool Testing and Inspection Services” to Merrell Johnson in the amount of $33,652.00 and authorize a Ten Percent (10%) Contingency in the amount of $3,365.20, for a total contract amount of $37,017.20.
2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
City Council - Special Meeting
July 20, 2022
12. Adoption of Measure I Five-Year Plan for Fiscal Years 2022/2023 through 2026/2027.
RECOMMENDATION: The City Council adopt Resolution No. 22-18 approving the Measure I Five-Year Plan.
13. Resolution Amending Fiscal Year 2021/2022 Measure I Five-Year Capital Improvement Plan.
RECOMMENDATION: The City Council adopt Resolution No. 22-19 amending the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/2022.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar as submitted.
Councilmember Mintz abstained from Item #5 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
ABSTAIN: MINTZ FROM ITEM #5
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.
PUBLIC HEARINGS
14. Twentynine Palms Lighting and Landscaping Assessment District #1, Public Hearing, Confirming Assessment and Levying Assessment for FY 2022-2023.
RECOMMENDATION: The City Council:
1. Conduct the Public Hearing.
2. Adopt Resolution No. 22-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2022-2023.
City Manager Luckino presented the Staff Report.
Mayor O'Gilvie opened the Public Hearing.
Mayor O'Gilvie closed the Public Hearing.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright to Adopt Resolution No. 22-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2022- 2023.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council - Special Meeting
July 20, 2022
15. Resolution Authorizing the Placement of Sewer Fees and Delinquent Sewer Charges on the FY 2022-23 Tax Roll.
RECOMMENDATION: The City Council:
1. Receive and approve the City Manager's Written Report as filed or as amended.
2. Adopt Resolution No.22-21, a Resolution of the City Council of the City of Twentynine Palms Authorizing the Placement of Sewer Fees and Delinquent Sewer Charges on the Fiscal Year 2022-23 Tax Roll.
City Manager Luckino presented the Staff Report.
Mayor O'Gilvie opened the Public Hearing.
Eileen Leslie, Twentynine Palms, commented that she has two issues. She mentioned that she owns two businesses in the Project Phoenix area. Both of her properties will show up as delinquent. She has paid one of them and she believes the other property has been miscalculated. She mentioned that she obtained a Conditional Use Permit to develop said property. She is being charged for a property that has not been developed and does not feel that she should be charged the full amount for a business that is not open yet. She asked the City Council to recharacterize the billing process.
Cindy Bernard, Twentynine Palms, pointed out that this is a $53,000 subsidy for the 15 businesses that are around Project Phoenix and she does not want to see the businesses get reamed by these fees, but she is concerned about businesses receiving $53,000 in subsidies that everyone else is paying and this is in addition to the subsidy given to the STR owners when the City Council reduced their permit fees.
After a brief discussion, a motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright, to receive and approve the City Manager's Written Report as filed or as amended; and adopt Resolution No.22-21, a Resolution of the City Council of the City of Twentynine Palms Authorizing the Placement of Sewer Fees and Delinquent Sewer Charges on the Fiscal Year 2022-23 Tax Roll, with the recommendation as amended to adjust APN # 0617-112-13 fees.
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. Designation of Voting Delegates and Alternates for the League of California Cities' Annual Conference.
RECOMMENDATION: The City Council designate a Delegate and Alternate Delegate for the League of California Cities' Annual Conference.
City Clerk Villescas presented the Staff Report.
Councilmember Mintz volunteered to be the Delegate and Councilmember Klink volunteered to be the Alternate Delegate. All Councilmembers were in favor.
City Council - Special Meeting
July 20, 2022
17. Water District Ad Hoc Committee.
RECOMMENDATION: The City Council form an Ad Hoc Committee with the Twentynine Palms Water District and appoint two members from the City Council to be on this Committee.
City Manager Luckino presented the Staff Report.
Mayor O'Gilvie and Mayor Pro Tem Wright offered to be on this committee. All were in favor.
18. Purchase of Property for MBTA (Morongo Basin Transit Agency).
RECOMMENDATION: The City Council authorize the City Manager to release payment for vacant land in furtherance of the MBTA ultimate Transfer Station for $80,000 as indicated in the stipulated judgement.
City Manager Luckino presented the Staff Report.
ACTION: A motion was made by Mayor Pro Tem Wright, seconded by Councilmember Bilderain to authorize the City Manager to release payment for vacant land in furtherance of the MBTA ultimate Transfer Station for $80,000 as indicated in the stipulated judgement.
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. Wastewater Treatment and Owners Representative.
RECOMMENDATION: The City Council authorize the City Manager to negotiate and execute an agreement with Carollo Engineers to provide engineering services for the furtherance of the City Wastewater Treatment Project in the amount of $391,592.
City Manager Luckino presented the Staff Report. He then introduced Mr. Andrew Frost, with Carollo Engineers, in case the City Council has any questions.
Cindy Bernard, Twentynine Palms, commented that the language has not evolved since February, and she finds that problematic and has yet to be defined for the public. She also commented that it is highly unlikely that this project is not going to be fully funded by the State which means that debt will fall upon the City and/or constituents. She asked what is the plan? City Manager Luckino provided the information to Ms. Bernard's concerns.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Wright to authorize the City Manager to negotiate and execute an agreement with Carollo Engineers to provide engineering services for the furtherance of the City Wastewater Treatment Project in the amount of $391,592.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council - Special Meeting
July 20, 2022
20. Proposed Budget Revisions for Special Revenue Funds and Other Funds for Fiscal Year 2022-23.
RECOMMENDATION: The City Council approve the following:
1. Resolution No. 22-22 approving the budget revisions for the Capital Projects Fund, Special Revenue Funds (excluding Project Phoenix Funds), Enterprise Fund, Internal Service Fund and Successor Agency Fund for FY 2022-23.
2. Inter-fund Transfers:
i. FY 2022-23 transfers:
a. $3,118,608 from the ARPA fund to the General Fund for general government services.
b. $10,000 from the Gas Tax Fund to the General Fund for Admin fees. c. $10,000 from the Measure I Fund to the General Fund for Admin fees. d. $110,543 from the Successor Agency Fund to the General Fund for Admin fees.
City Manager Luckino presented the Staff Report.
Cindy Bernard, Twentynine Palms, asked where is the money for the arts? The City should consider giving 1% in city funds for art and hire a part time cultural affairs person who can go out and look for funding for the arts.
Heidi Heard, Twentynine Palms, asked for a park on the west end of the city. There are two parks on the opposite side of the city and nothing on the west end. She also commented that the roads in the Indian Cove area have not been considered for repair. What about those roads? She asked for an answer to when those roads will get done.
ACTION: A motion was made by Mayor Pro Tem Wright, seconded by Councilmember Mintz to approve the following:
1. Resolution No. 22-22 approving the budget revisions for the Capital Projects Fund, Special Revenue Funds (excluding Project Phoenix Funds), Enterprise Fund, Internal Service Fund and Successor Agency Fund for FY 2022-23.
2. Inter-fund Transfers:
i. FY 2022-23 transfers:
a.$3,118,608 from the ARPA fund to the General Fund for general government services.
b.$10,000 from the Gas Tax Fund to the General Fund for Admin fees. c.$10,000 from the Measure I Fund to the General Fund for Admin fees. d.$110,543 from the Successor Agency Fund to the General Fund for Admin fees.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT, O'GILVIE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mayor Pro Tem Wright asked City Manager Luckino if he could confer with the TBID to possibly look into a cultural affairs person. City Manager Luckino replied that he would speak to the TBID Board.
City Council - Special Meeting
July 20, 2022
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.
5. Drafting an Ordinance that prohibits open fire pits until further notice due to the drought.
No other items were added.
Councilmember Klink asked the City Manager if we could possibly get a committee together with Yucca Valley, Joshua Tree, and the County to propose a bike trail from Twentynine Palms to Yucca Valley. He commented that he would be interested in being on that committee if one is formed.
PUBLIC COMMENTS
David Maldonado, Twentynine Palms, spoke about the lack of water at Hacienda Mobile Home Park and the absence of management in this park. He is requesting some kind of help from the City in getting the problems rectified.
Cindy Bernard, Twentynine Palms, asked if the City Council would put a park on the west side of the City. The City has three plots of land on the west end and she is requesting that the City take one of those plots and construct a park.
Carrie Williams, Twentynine Palms, is requesting that the City put in a pickle ball court in the city.
Bean Campbell, Twentynine Palms, spoke regarding the future of VHRs. He asked the City Council to consider opening up the process again and changing the CAP of 500.
CITY MANAGER UPDATE
City Manager Luckino commented that as of late, there are 490 active and pending VHRs and we are getting close to the CAP.
Mayor O'Gilvie announced that she pulled her papers to run for City Council in the November election.
ADJOURNMENT - Mayor O'Gilvie adjourned the meeting at 7:34 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO