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Minutes, regular meeting, first session

Twentynine Palms City Council
September 27, 2022

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Minutes, regular meeting, first session
Meeting
September 27, 2022
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Twentynine Palms City Council
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Text extracted from the city's file for reading and search. Open the original on citwentynine-palmsca.civicweb.net. That file is the official record.

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
September 27, 2022

CLOSED SESSION AGENDA
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 5:17 p.m.

CLOSED SESSION

1. Conference with Legal Counsel - Existing Litigation, Government Code Section 54956.9(d)(1) (Bureau of Land Management adv. City of Twentynine Palms, IBLA Appeal 2020-358).

REGULAR SESSION AGENDA
CALL TO ORDER - Twentynine Palms High School student Lesenia called the meeting to order at 6:01 p.m.

Pledge of Allegiance. - Miss Lesenia led the Pledge of Allegiance.

Invocation - Rev. Casey Orndorf gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Wright, O'Gilvie.

Closed Session Announcements - Mayor O'Gilvie announced that by a motion made by Councilmember Klink, seconded by Mayor Pro Tem Wright and carried unanimously with a 5-0 vote, the proposed Settlement Agreement between the Bureau of Land Management (BLM), the Twentynine Palms Band of Mission Indians, and the City was approved.

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

2. Introduction of the City's Newest Employees.

City Clerk Villescas introduced Chayanne Ryan, Office Assistant and City Manager Luckino introduced Adessa Bigler, Finance Tech and Keith Gardner, the new Community Development Director.

3. Proclamation Declaring September 15 through October 15, 2022 Hispanic Heritage Month.

Mayor O'Gilvie read the Proclamation in its entirety to the audience.

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City Council - Regular Meeting with Closed Session
September 27, 2022

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Bilderain welcomed the new employees and mentioned that he attended the Social Equity and Justice Workshop and the Car Show.

Councilmember Klink welcomed the new employees. He mentioned that he attended the Car Show and sponsored a booth, and he attended the Family Value Award Ceremony that the Church of Jesus Christ of Latter-Day Saints presents.

This year it was presented to Dr. Robert and Mary Lombardo from Yucca Valley. He announced that the Department of Motor Vehicles office will be closed from October 11 to November 17 for remodeling.

Councilmember Mintz welcomed the newest employees, he mentioned he attended the Car Show and a MDAQMD meeting in Victorville. He explained his reasoning for abstaining from certain items on the agenda.

Mayor Pro Tem Wright wished one of his kids, Jaden, a Happy Birthday. He mentioned that he attended a Basin Transit meeting, formerly known as MBTA, a LAFCO meeting and he welcomed the new employees.

Mayor O'Gilvie welcomed the new employees and mentioned that she attended the Basin Transit meeting and the Car Show.

CONSENT CALENDAR

4. Waive the Reading of Ordinance and Approve the Reading by Title Only.

5. Approval of Minutes of the City Council Meeting Held on August 23, 2022 and September 13, 2022.

6. Approval of Warrant Register Totaling $1,651,803.62.

7. Approval of Project Phoenix Warrant Register Totaling $538,970.76.

8. Morongo Basin Ambulance Report - August 2022.

9. Legislative Report - September 2022.

10. Acceptance of Work for the 6583-6589 Freedom Way Demolitions.

RECOMMENDATION: The City Council:

1. Accept the 6583-6589 Freedom Way demolitions as completed for a total cost of $57,000.00;

2. Approve the release of all withheld retention in the amount of $2,850.00.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar as submitted.

Councilmember Mintz abstained from items #7 and 10 due to a conflict of interest.

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City Council - Regular Meeting with Closed Session
September 27, 2022
The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, WRIGHT, O'GILVIE
NOES: NONE
ASTAIN: MINTZ FROM ITEMS #7 AND #10
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION – None.

PUBLIC HEARING

11. Tourism Business Improvement District (TBID).

RECOMMENDATION: The City Council hold a Public Hearing to adopt Resolution No. 22-25 confirming the levy of assessments.

City Manager Luckino presented the Staff Report.

Mayor O'Gilvie opened the Public Hearing.

Veno Nathraj, Twentynine Palms, requested that the TBID Board be recalled.

Michael Usher, Twentynine Palms and President of the Downtown Business Association, spoke regarding the proposed TBID budget and several cuts impacting sponsorship of community events and special projects that can benefit local businesses and residents.

Sara Beck, Twentynine Palms, spoke about the proposed increase in the TOT wanting to know where the TOT funds are going and feels there is a disconnect.

Cindy Bernard, Twentynine Palms, spoke in regard to the TOT increase. She mentioned that she is for the increase but agrees with Mr. Usher about the cuts for events.

Mary Jane Binge, Twentynine Palms, commented on the letter that was sent out to the business owners, VHR owners and hoteliers. She mentioned that she was confused, thinking that this meeting was going to be for the community to come and express their opinions and ideas on how the TBID money should be spent.

Chris Carr, Twentynine Palms VHR owner and resident of Orange County, spoke regarding the cap of 500 VHRs which ties into TOT revenue.

Eileen Leslie, Twentynine Palms, agreed with Ms. Binge in where we are in the process with the TBID budget.

She commented that she feels this item be tabled and have a meeting where everyone can give opinions and ideas on how the money should be spent and then make a decision at the next meeting.

Sara Beck, spoke again expressing that with the hotels, motels, and Air BnBs, the City needs to focus on how to keep these occupied all the time. How do we first keep them booked if they are ones that contribute to the TOT.

Ash Maharaj, Twentynine Palms and TBID Board Member, mentioning that the TBID is very transparent, with a very detailed marketing plan. She mentioned that TBID sponsors many community events. She mentioned she appreciates all the comments that were made here and encourages the community to come to their meetings and express these opinions there.

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City Council - Regular Meeting with Closed Session
September 27, 2022
Octavious Scott, Twentynine Palms, expressed that the important takeaway here is that the public is asking for more time and table the decision. He feels it is rude to suggest that the public attend the meetings.

City Manager Luckino gave more insight on the TBID.

Councilmember Mintz commented on the update of the TBID website. He then asked Marketing Director Dusastre to come to the podium. He asked her about event sponsorship and Director Dusastre commented that TBID receives sponsorship requests all the time.

Councilmember Bilderain suggested that maybe it's time to include business owners on the Board. City Manager Luckino mentioned that the change would have to be made by Ordinance. Councilmember Mintz suggested this be brought back to the City Council at the Strategic Planning Workshop. Councilmember Bilderain suggested that a subcommittee be formed to try it out and see if it will work, then an action item could be added in the future to change the Ordinance. The consensus of the City Council was to add a two-member subcommittee.

After a lengthy discussion, a motion was made by Mayor Pro Tem Wright, seconded by Councilmember Mintz to adopt Resolution No. 22-25 confirming the levy of assessments.

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

12. Business Loan Improvement Program - Future Agenda Item Request.

RECOMMENDATION: Staff is looking for Policy Direction on this future agenda item request.

Community Development Director Gardner presented the Staff Report.

Mayor Pro Tem Wright suggested that the Program should be expanded throughout the City to all commercial property owners until the funds exhaust.

City Manager Luckino mentioned that a business owner was inquiring if the program could be utilized on the interior of the building.

Cindy Bernard, Twentynine Palms, asked if a survey was done to determine how these funds were allowed to be used and which businesses were renters or owner occupied. She also suggested using this program to purchase a PA system for Project Phoenix.

Eileen Leslie, Twentynine Palms, believes that the Loan Program should be for exterior, not interior.

Veno Nathraj, Twentynine Palms, agrees that the Program should be extended and kept for the exterior.

Mary Jane Binge, Twentynine Palms, suggested a beautifying project and agreed that this program should be applied to the outside, not the inside.

City Manager Luckino confirmed that suggestions and mentioned that this will be brought back as an action item to the next meeting.

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City Council - Regular Meeting with Closed Session
September 27, 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. Maintained vs. Non-Maintained roads.

5. Vacation Home Rentals education component.

Mayor O'Gilvie requested that the entire VHR policy be brought back to the City Council. Councilmember Mintz seconded the item.

City Manager Luckino asked to eliminate item #1 as this project will be included in the Affordable Housing grant that is being proposed.

PUBLIC COMMENTS
Cindy Bernard, Twentynine Palms, asked the City Council not to take the 500 cap away on the VHRs and secondly, she mentioned the vouchers that are available for 15% off your ticket if you visit Grnd Sqrl after the City Council Meeting.

Veno Nathraj, Twentynine Palms, spoke about discrimination in the community.

CITY MANAGER UPDATE
City Manager Luckino gave the following updates: Staff is working on Affordable Housing, the Morongo Unified School District announced that they will not be launching the culinary program yet as they have not received all of the equipment for the kitchen, the education within the VHR Ordinance has launched and he is pleased to announce that the Neighborhood Safety Improvement Project has been awarded. He mentioned that Staff continues to work with Burrtec in regard to SB1383 to include organics.

Mayor Pro Tem Wright announced that the Mayor and Mayor Pro Tem's Toys for 29 Golf Tournament will be held December 3rd.

Councilmember Mintz inquired about the median on Twentynine Palms Highway and Encelia. City Manager Luckino mentioned that Caltrans will be issuing the permit on Wednesday, the 28th.

Councilmember Klink reminded everyone that Community Clean Up Day is this Saturday, October 1st from 8:00 - Noon.

Mayor O'Gilvie reminded everyone that Pioneer Days Kickoff is also this Saturday, October 1st beginning at 4:00 p.m.

ADJOURNMENT - Mayor O'Gilvie adjourned the meeting at 7:47 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO

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