TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting - WORKSHOP MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
February 15, 2023
Community Development Block Grant (CDBG) Presentations for 2023-2024.
1. 2023/2024 CDBG Workshop Presentations.
RECOMMENDATION: The City Council open the presentations and listens to the five presenters' requests for CDBG funding for Fiscal Year 2023-2024.
TWENTYNINE PALMS CITY COUNCIL
REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
6:00 p.m.
CALL TO ORDER - Mayor Wright called the meeting to order at 6:00 p.m.
Pledge of Allegiance - Max Walker led the Pledge of Allegiance.
Invocation - Rev. Don Thursby from Little Church of the Desert gave the Invocation.
Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Bilderain, Wright.
Closed Session Announcements - None.
Changes to the Agenda - None.
ANNOUNCEMENTS
Mayor Wright 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
2. Proclamation Recognizing February as Black History Month.
Mayor Wright read the Proclamation in its entirety. He then presented the proclamation to Ms. Kimberly McClain, who was in the audience.
City Council - Regular Meeting - WORKSHOP
February 15, 2023
3. Presentation to Morongo Basin ARCH for their participation in the Cash for Trash and Recycling Program.
Mayor Pro Tem Bilderain presented checks in the amount of $300 from Burrtec Waste and Recycling and the City of Twentynine Palms to Ms. Astrid Johnson, Morongo Basin ARCH.
4. Recognition of Public Arts Advisory Committee (PAAC) members Ann Congdon, Pat Flanagan, and LeeAnn Clarke for their Service.
Mayor Pro Tem Bilderain presented plaques on behalf of the City to Pat Flanagan, Ann Congdon, and LeeAnn Clarke for their service to the Public Arts Advisory Committee. Ann Congdon thanked the City Council for the recognition.
5. Recognition of Greg Mendoza, Planning Commissioner, for his Service.
The City Council presented a plaque to Ms. Rosalie Mendoza, Greg Mendoza's spouse, recognizing Mr.
Mendoza posthumously, for his service on the Planning Commission and the various nonprofit organizations in the community. His sister Avlisa Mintz was also present.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Klink commented that he attended the Ribbon Cutting Ceremony for the culinary kitchen at Freedom Plaza and the Ribbon Cutting for Edward Jones Financial. He wished everyone celebrating a birthday in February a Happy Birthday, especially Councilmember Scott and sang Happy Birthday to him. City Clerk Villescas wished Councilmember Klink a Happy Birthday as well, celebrating on February 19th.
Councilmember Scott mentioned that he attended the two Ribbon Cutting Ceremonies, he attended the New Mayors and Councilmembers Leadership Academy in Sacramento and found it very informative.
Councilmember Mintz mentioned that he attended the Mojave Desert Air Quality Management District (MDAQMD) meeting, the two-day Strategic Planning Workshop the City held, he toured Yucca Valley's Treatment Plant, which he found very informative, he attended the Basin Transit monthly meeting and the two Ribbon Cutting ceremonies.
Mayor Pro Tem Bilderain commented that he attended the Strategic Planning Workshop, the Ribbon Cutting Ceremonies, and a Vacation Home Rental meeting.
Mayor Wright commented that he attended the two Ribbon Cutting Ceremonies, the new Mayors and Councilmembers Leadership Academy, the Strategic Planning Workshop, and the Basin Transit meeting. He wished Councilmembers Scott and Klink a Happy Birthday and his Mom, his oldest son and his granddaughter a Happy Birthday.
CONSENT CALENDAR
6. Waive the Reading of Ordinance and Approve the Reading by Title Only.
7. Approval of Minutes of the City Council Meeting Held on December 13th, 2022 and January 10th, 2023.
8. El Rey Bridge/Street Construction Project Agreement.
City Council - Regular Meeting - WORKSHOP
February 15, 2023
9. Consideration/Action on a Two-Year Audit Engagement.
RECOMMENDATION: The City Council authorize the City Manager to approve an extension to the existing professional agreement with Roger, Andersen, Malody and Scott (RAMS) for audit services to cover the fiscal years of 2021/2022 for $41,750 and 2022/2023 for $43,900.
10. Approval of Project Phoenix Warrant Register Totaling $32,931.27
11. Approval of Warrant Register Totaling $4,268,607.98
12. Second Reading: DCA Chapter 19.82 EV Charging.
RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.82 in regard to regulation for Electric Vehicle Charging Stations.
13. Second Reading: DCA Chapter 19.102 Pot Belly Pigs.
RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.102 regarding regulations for Pot Belly Pigs.
14. 2023/2024 CDBG Funding Prioritization.
RECOMMENDATION: The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2023-2024 to the outdoor basketball court reconstruction and resurfacing project and additional improvements within Luckie Park.
15. Treasurer's Report - FY 2022/23 Quarter 2.
16. Holiday Closure Schedule.
RECOMMENDATION: The City Council approve City Council Resolution No. 23-02 and approve the revised City of Twentynine Palms observed holiday closure schedule.
17. Wastewater Outreach.
RECOMMENDATION: The City Council authorize the City Manager to negotiate and execute an agreement with CV Strategies for the Outreach on the Wastewater Treatment Project not to exceed $42,763.
Councilmember Klink asked that item #16 be removed for discussion.
Councilmember Mintz abstained from item #10 due to a possible conflict of interest.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve the remaining Consent Calendar as submitted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ FROM ITEM #10
ABSENT: NONE
City Council - Regular Meeting - WORKSHOP
February 15, 2023
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
16. Holiday Closure Schedule.
RECOMMENDATION: The City Council approve City Council Resolution No. 23-02 and approve the revised City of Twentynine Palms observed holiday closure schedule.
City Manager Luckino presented the Staff Report.
Councilmember Klink asked about the Friday after Thanksgiving. He mentioned that in the past, employees got that Friday as a holiday as well and now it is only for those that work on Fridays, not everyone. He also inquired about the addition of Caesar Chavez Day and Juneteenth Day. He suggested that instead of giving Caesar Chavez Day, the City could give the employee their birthday off with pay.
After a brief discussion, the consensus was to take it back to the employees and ask them if they would rather have their birthday instead of Caesar Chavez Day as a holiday.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Mintz to approve City Council Resolution No. 23-02, and approve the revised City of Twentynine Palms observed holiday closure schedule as amended.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARINGS
18. Appeal of VHR22-195.
RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, deny the appeal, and allow Staff to continue processing the application.
Community Development Director Gardner presented the Staff Report.
Kat Talley-Jones, appellant, explained more in detail, why this property should not be allowed as a vacation home rental.
Josh Siegal, property owner and applicant, commented that everything has been followed according to law. He mentioned that he owns the property, and it is not a hotel, built as a residence, not a hotel and explained that these last few months he has been harassed on social media, trespassing on his property and it has been really difficult to deal with.
John Talley-Jones, Twentynine Palms, spoke in favor of denying a VHR permit to said property.
Veno Nathraj, Twentynine Palms, commented that the building is beautiful. He asked why the applicant would build a boutique hotel in a residential area. He commented that he feels if someone wants to build a boutique hotel that is great, but build in a commercial zoned area.
Mayor Wright mentioned that there was an email sent from a citizen. to be read into the record. The following sent a public comment via email:
City Council - Regular Meeting - WORKSHOP
February 15, 2023
Tracey Cavaniola is in favor of the VHR.
After a brief discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Klink, to deny the appeal and allow Staff to continue processing the application.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT
NOES: SCOTT
ABSTAIN: NONE
ABSENT: NONE
19. Public Hearing On Issuance Of Tax-Exempt Bonds For Twentynine Palms Apartments And Resolution Approving The Issuance Of Bonds.
RECOMMENDATION: The City Council:
1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority for the benefit of HPD Twentynine Palms II LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 48-unit multifamily rental housing project generally known as Twentynine Palms Apartments.
2. Adopt a Resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $9,000,000, for the benefit of HPD Twentynine Palms II LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 48-unit multifamily rental housing project generally known as Twentynine Palms Apartments.
City Manager Luckino presented the Staff Report.
Mayor Wright opened the Public Hearing.
Veno Nathraj, Twentynine Palms, asked for a breakdown of the 48 units.
Mayor Wright closed the Public Hearing.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to adopt a Resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $9,000,000, for the benefit of HPD Twentynine Palms II LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 48-unit multifamily rental housing project generally known as Twentynine Palms Apartments.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council - Regular Meeting - WORKSHOP
February 15, 2023
DISCUSSION AND POTENTIAL ACTION ITEMS
20. Mission Statement of the Public Arts Advisory Committee (PAAC).
RECOMMENDATION: 1) The City Council adopt the Resolution setting the number of members of the Public Arts Advisory Committee (PAAC), as well as modifying the time and date of the meeting of the PAAC. 2) The City Council approve the revised Mission Statement of the Public Art Advisory Committee (PAAC).
Director Gardner presented the Staff Report.
Cindy Bernard, PAAC Chair, spoke regarding the Mission Statement that is being presented to the City Council.
Anna Stump, PAAC Vice Chair, spoke about the term "Arts Professional" that is indicated in the Mission Statement.
Katie Short, Twentynine Palms, commented on how experience is really important when it comes to being on the PAAC and is asking the City Council to consider allowing members outside of the community to be part of the PAAC.
Kat Talley Jones, Twentynine Palms, commented on her experience in the Arts and would love to be considered to be part of the Board.
Mayor Wright mentioned that there was a public comment that was emailed from Ryan Heffington who wrote that he is in favor of the PAAC.
Denise Tanguay, Twentynine Palms, commented that she supports the recommendations of the PAAC.
Ted Meyer, Twentynine Palms, commented that there should be art professionals on the PAAC.
After a lengthy discussion, the consensus was that the subcommittee to choose PAAC members should be two Councilmembers plus the PAAC Chair, and the area of membership should include Wonder Valley and Desert Heights.
ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Bilderain, to have the membership requirement be four members residing in the city limits and one outside city limits, i.e., Wonder Valley and/or Desert Heights, also having two Councilmembers and the PAAC Chair look over and make recommendations to the City Council.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The additional items on the proposed Mission Statement will be tabled to another meeting.
21. Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.
RECOMMENDATION: The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.
City Council - Regular Meeting - WORKSHOP
February 15, 2023
City Clerk Villescas presented the Staff Report.
Councilmember Klink volunteered to be the Delegate and Councilmember Mintz agreed to be the alternate Delegate. All Councilmembers were in favor of this nomination.
22. Financial Report - Fiscal Year 2022-23 Mid-Year Budget Update.
Staff is recommending the following actions:
1. The City Council review and accept the General Fund mid-year budget update for FY 2022-23.
2. Approve the inter-fund transfers from the General Fund to the Capital Projects Fund in the amount of $84,669 for the re-roof of City Buildings for FY 2022-23.
3. Approve the inter-fund transfer of $368,200 from the General Fund to the Sewer Fund for the Wastewater Package Treatment Plant at Project Phoenix for FY 2022-23.
Finance Director Hernandez-Conde (Director Hernandez-Conde) presented the Staff Report and Power point Presentation.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to accept the General Fund mid-year Budget update for FY 2022-23; to approve the inter-fund transfers from the General Fund to the Capital Projects Fund in the amount of $84,669 for the re-roof of City Buildings for FY 2022-23; and approve the inter-fund transfer of $368,200 from the General Fund to the Sewer Fund for the Wastewater Package Treatment Plant at Project Phoenix for FY 2022-23.
Councilmember Mintz recused himself from the inter-fund transfer of $368,200 from the General Fund to the Sewer Fund for the Wastewater Treatment Plant at Project Phoenix due to a possible conflict of interest.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ from Item 3 in the Staff Report.
ABSENT: NONE
23. Planning Commission Appointment.
RECOMMENDATION: The City Council reappoint Jason Dickson and Max Walker and appoint Eileen Leslie to the Planning Commission as recommended by the Ad Hoc Committee (Steve Bilderain and Octavious Scott).
City Clerk Villescas presented the Staff Report. She then passed the floor to the City Council subcommittee.
Councilmember Scott presented the recommendations for the three seats to the Planning Commission. Those recommendations are the reappointment of Jason Dickson and Max Walker and appoint Ms. Eileen Leslie to the Planning Commission.
ACTION: A motion was made by Councilmember Scott, seconded by Councilmember Mintz to reappoint Jason Dickson and Max Walker, and appoint Ms. Eileen Leslie to the Planning Commission.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council - Regular Meeting - WORKSHOP
February 15, 2023
Ms. Eileen Leslie thanked the City Council for the honor of being appointed to the Planning Commission.
Jason Dickson thanked the City Council for the opportunity once again to be on the Planning Commission.
Max Walker thanked the City Council for the opportunity to serve on the Planning Commission. He commented that he takes this position seriously.
24. Intention to terminate/close the inactive Fire Safety Plan.
RECOMMENDATION: This is provided as information only for a City Council future agenda item request.
City Manager Luckino presented the Staff Report as information only.
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained v. Non-Maintained Roads.
3. VHR Ordinance.
4. Voting for Mayor as opposed to the current selection process.
5. Discussion on working with non-profit organizations to establish a "Heating Station" during the Winter months.
Councilmember Scott asked that the City Council start the process of creating a Housing and Community Development Committee.
City Manager Luckino mentioned that Staff is working on that based on Strategic Planning priorities.
PUBLIC COMMENTS
Rich Middlebragh, President of the Morongo Basin Ambulance (MBA) Board of Directors, commented on some new expanded services that MBA is now able to provide.
Astrid Johnson, Morongo Basin ARCH, thanked the City Council for all their support. She gave a brief synopsis of the results of the Point in Time Count and also asked the Council to consider the need for shelter for the homeless, especially during these cold nights.
Kimberly McClain, Twentynine Palms, reiterated some of the concerns Ms. Johnson spoke about previously, commenting on the damage short term rentals have imposed on the community with regards to lack of housing.
Jennisa DeFalco, Twentynine Palms, commented on the homeless community and families in need. She mentioned that the problem the community has is the lack of a heating shelter to house these families that are sleeping in their cars or out in the cold, some with infants, toddlers, and elderly.
Cindy Bernard, Twentynine Palms, asked if there was any way the City could open Patriotic Hall as a heating shelter as a temporary solution. She also commented that Ms. Jennifer Cain, Executive Director of the San Bernardino County Arts Connection, sent in a letter for public comment to be read into the record for the PAAC item. Mayor Wright advised her that the City Council did receive her comment and they all read it.
Veno Nathraj, commented that he was very happy to see that Paul applied for the grant for affordable housing. He asked that the City Council look at the VHRs for housing the homeless and those in the community that cannot find housing.
Heidi Heard, Twentynine Palms, asked a the letters and comments that are sent by email be read so that those in the audience and are watching at home can hear what they have to say.
City Council - Regular Meeting - WORKSHOP
February 15, 2023
CITY MANAGER UPDATE
City Manager Luckino gave the following updates: organizational changes to the TBID Board will be reviewed as an item at the next City Council meeting, the Luckie Park Pool and Channel Trail projects are coming up for completion in the next couple of months, the Burrtec Franchise Agreement will come forward at the next meeting, and we are continuing to work with the National Park on the signage. He thanked Director Gardner for participating this evening as he is home sick.
ADJOURNMENT - Mayor Wright adjourned the meeting at 8:24 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer