TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
February 28, 2023
CLOSED SESSION AGENDA
5:15 P.M.
CALL TO ORDER - Mayor Wright called the Closed Session to order at 5:15 p.m.
Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.
Adjourn to Closed Session - Mayor Wright adjourned to Closed Session at 5:16 p.m.
CLOSED SESSION
1. Closed Session Pursuant to Government Code Section §54956.9 Potential Litigation (1 Case).
REGULAR SESSION AGENDA
6:00 p.m.
CALL TO ORDER - Twentynine Palms High School student Erica Correa called the meeting to order at 6:01 p.m.
Pledge of Allegiance - High School Student Erica Correa led the Pledge of Allegiance.
Invocation - Suzy Dick, with the Church of Jesus Christ of Latter Day Saints gave the Invocation.
Miss Correa gave a quick presentation on behalf of the Twentynine Palms High School Interact Club. She commented that each year, the President of this Club gets to give a presentation on a topic for the class to participate in. Miss Correa gave a presentation on period poverty, relating to the menstrual cycle.
Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.
Closed Session Announcements - There was no reportable action from the Closed Session.
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 the City website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation to the Twentynine Palms High School Volleyball Team 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 Services and from the City of Twentynine Palms to the Twentynine Palms High School Volleyball team for their participation in the Cash for Trash and Recycling Program.
City Council - Regular Meeting with Closed Session
February 28, 2023
2. Presentation to David Smith, Joshua Tree National Park Superintendent for his Service to the Community.
Mr. Smith attended the meeting remotely and was presented with a plaque for his service to this community.
The plaque will be mailed to him in San Francisco.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he did not have anything at the moment.
Councilmember Mintz mentioned that he attended the MDAQMD meeting, a meeting with the Tribe, the Mayor's Prayer Breakfast this morning, and a special meeting for the PAAC. He also mentioned that the Twentynine Palms High School Softball team had their first game, and it was played at the High School.
Councilmember Klink mentioned that he attended the Desert/Mountain Division meeting, the Mayor's Prayer Breakfast, and he wished everyone celebrating a birthday in February a Happy Birthday, especially his son who was born on leap year.
Mayor Pro Tem Bilderain commented that he attended the special meeting for the PAAC, the "Grilling with the Mayor" event, which ended up being a meeting with the Mayor due to the weather and wished his youngest daughter a Happy Birthday, celebrating on Thursday.
Mayor Wright commented that the Grilling with the Mayor event turned into a "Forum" with Finger Foods inside the Council Chambers due to inclement weather and he attended the Mayor's Prayer Breakfast that morning. He announced that there will be another Prayer Breakfast in May or June and another Grilling with the Mayor in March.
CONSENT CALENDAR
3. Waive the Reading of Ordinance and Approve the Reading by Title Only.
4. Morongo Basin ARCH.
RECOMMENDATION: The City Council approve a contribution of $25,000 to the Morongo Basin ARCH for the support of the Homeless in Twentynine Palms.
5. Financial Report - Mid-Year of the 2022/23 Fiscal Year for Project Phoenix Funds.
RECOMMENDATION: The City Council review and accept the Financial Report for the second quarter of the 2022/23 Fiscal Year for Project Phoenix Funds.
6. Financial Report - Mid-Year of the 2022/23 Fiscal Year for Special Funds.
RECOMMENDATION: The City Council review and accept the Financial Report for the second quarter of the 2022/23 Fiscal Year and give direction on potentially funding projects that previously did not have appropriated funds.
Councilmember Mintz pulled item #4 for discussion.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott to approve the Consent Calendar as submitted.
Councilmember Mintz abstained from item #5 due to a possible conflict of interest.
City Council - Regular Meeting with Closed Session
February 28, 2023
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ FROM ITEM #5
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
Item #4 was removed from the Consent Calendar to be discussed. Astrid Johnson, Morongo Basin ARCH and Jen DeFalco gave an update on the Program.
Mary Jane Binge, Twentynine Palms, reminded everyone that the Flying Doctors will be in Twentynine Palms this weekend and they will be offering physician services, free showers, and clothing.
Mayor Wright thanked Mr. Veno Nathraj for his assistance and the use of his hotel to provide lodging for the homeless during the cold winter nights.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve a contribution of $25,000 to Morongo Basin ARCH for support for the Homeless in Twentynine Palms.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARING- NONE
DISCUSSION AND POTENTIAL ACTION ITEMS
7. A Resolution for Finding and Determining the Public Interest and Necessity for APN 067-113-02.
RECOMMENDATION: Adopt Resolution No. 23-02 finding that the public interest and necessity require the acquisition of real property located at Lot 126, Tract 2512, New Townsite, Twentynine Palms, California (APN 0617-113-02) (“Property”), for the purposes of accommodating an affordable senior housing complex and associated amenities consistent with the Downtown Specific Plan of the City (the “Project”).
City Manager Luckino presented the Staff Report.
Veno Nathraj, Twentynine Palms, commented that he is in favor of affordable housing, however, shouldn't this housing be closer to shopping centers and bus transit centers.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott to adopt Resolution No. 23-02 finding that the public interest and necessity require the acquisition of real property located at Lot 126, Tract 2512, New Townsite, Twentynine Palms, California (APN 0617-113-02) (“Property”), for the purposes of accommodating an affordable senior housing complex and associated amenities consistent with the Downtown Specific Plan of the City (the “Project”).
City Council - Regular Meeting with Closed Session
February 28, 2023
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
8. Vacation Home Rental Ordinance Review.
RECOMMENDATION: The City Council review the various facets of the Development Code pertaining to Vacation Home Rentals and give guidance to Staff as to which provisions need to be revisited, if any.
Community Development Director Gardner (Director Gardner) presented the Staff Report.
Mayor Wright mentioned that the City received some public comments from constituents via email and will read highlights from those emails.
Susan Peplow, commented that the class which is required prior to receiving a VHR license, has been overwhelmingly responsive and the City has a unique opportunity to educate VHR owners, both new and old about good neighbor practices and convey details of the updated Ordinance.
Adriene Jenk, Twentynine Palms, conveyed that she has seen the character of our desert and our communities change dramatically, specifically in the last 5-10 years. The unregulated and the underregulated encroachment of Short-Term Rental units has had a negative impact on our community.
Mary Hotovy, believes there should be stronger restrictions on STR permits in general, specifically, she does not believe that purpose built STR units belong in residential units.
Jim Krushat, Twentynine Palms, spoke about the work the Ad Hoc committee did to revise the VHR Ordinance.
Kat Talley-Jones, Twentynine Palms, suggested some revisions to the VHR Ordinance.
Ash Maharaj, Twentynine Palms, was not present but asked Ann Congden to read her comment. She referenced the class that is required prior to receiving an STR license or a renewal. She is in opposition of this requirement. She asked the City Council to reconsider this requirement.
Ann Congdon, Twentynine Palms, echoed what Ms. Maharaj mentioned, and said that she would be in favor of a get together every year or every six months to discuss ideas or suggestions but doesn't feel a class is necessary.
John Talley-Jones, Twentynine Palms, read an excerpt from the City's General Plan as it relates to the Joshua Tree National Park buffer zone. He asked that the integrity of the Overlay is upheld, and any proposed construction be subject to CEQA environmental review.
Jonathan Hume, Twentynine Palms, read more from Ms. Susan Peplow's Public Comment, relating to the Good Neighbor Class, which is one of the requirements in the VHR Ordinance. He also commented on the buffer overlay zone.
Veno Naharaj, Twentynine Palms, said the City Council is the governing body, and should be able to make changes as needed. He commented on the occupancy of these VHRs, which is under 40%, and we have an oversaturated market. He mentioned that he is against people buying up homes and kicking tenants out, leaving them homeless because there are no long-term rentals available.
City Council - Regular Meeting with Closed Session
February 28, 2023
Russell Kohn, Twentynine Palms, commented that he does not have any problems with VHRs, except when they get overbooked, meaning going over the maximum number of occupancies in an STR. The large STRs tend to have a big party while they are here. He also commented on the developers that are coming out and building a structure that ends up being commercial.
Bryan Salmans, Twentynine Palms, spoke about the commercial development that is going on and claiming that it is a residential home for VHR purposes when it isn't.
Heidi Heard, Twentynine Palms, thanked Councilmember Scott for acknowledging that the interest in the community is not just the loud noise, and the excess parking and strangers. She commented that the City should not be pushing tourism at the expense of the community. She commented that we need to take a serious look at all this.
Mary Jane Binge, Twentynine Palms, mentioned that she has three VHRs and she does not care for the noise either. She asked the City to not allow what is going on in Indian Cove to influence all Airbnb’s in the community. She suggested that the Council consider limiting the amount of VHRs in an area.
After a brief discussion, the City Council proposed some changes to the Ordinance and asked the Planning Commission to review the Ordinance.
9. Tourism Business Improvement District (TBID).
RECOMMENDATION: The City Council recommend the organizational changes to the TBID Board;
1.Term limits of four (4) years.
2. Same appointment process as the Planning Commission; two-member ad hoc committee of the Council.
3.Two large hotels (based on revenue), Two VHRs, then one at large.
4. Rakesh Mehta, Ash Maharaj, Heidi Grunt, Patricia Knight, and Maria Quinteros (need to assign end terms)
5. Who can be on the board, owner or their representative? Is there any resident requirement? City Manager Luckino presented the Staff Report.
Veno Nathraj, Twentynine Palms, commented that he feels the TBID should be run by a professional company to market Twentynine Palms properly. He feels that the TBID is not doing anything for the hoteliers.
After a brief discussion, the City Council provided direction to the City Manager to go back to the TBID with the proposed suggestions.
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained vs. Non-Maintained Roads.
3. Voting for Mayor as opposed to the current selection process.
4. Discussion on working with non-profit organizations to establish a "Heating Station" during the Winter months.
5. Consideration of a Housing and Community Development Committee.
No additional items were added.
PUBLIC COMMENTS
Jim Krushat, Twentynine Palms, commented on some of the terms that were used during the VHR discussion making clarifications on those terms. He mentioned that the VHRs have decreased physical blight and increased employment in the City. He suggested that the Indian Cove neighbors should consider creating a Homeowner's Association for their area, which might reduce some of the issues.
City Council - Regular Meeting with Closed Session
February 28, 2023
Veno Nathraj, Twentynine Palms, thanked the City Council for providing lodging for the homeless over the weekend when temperatures were very low.
CITY MANAGER UPDATE
The City Manager had no updates.
ADJOURNMENT - Mayor Wright adjourned the meeting at 8:07 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer