TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
May 23, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:02 p.m.
Pledge of Allegiance - Members of Boy Scout Troop 229 led the Pledge of Allegiance.
Invocation - Mary Kay Sherry, The Church of Jesus Christ of Latter-Day Saints, gave the Invocation.
Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.
Closed Session Announcements - None.
Changes to the Agenda - None.
ANNOUNCEMENTS
Mayor Wright mentioned 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. Proclamation Recognizing May 2023 as California Tourism Month.
Mayor Wright read the proclamation in its entirety.
2. Presentation to the Twentynine Palms High School Interact Club and Boy Scout Troop 229 for their Participation in the Cash for Trash and Recycling Program.
Mayor Pro Tem Bilderain presented checks in the amount of $300 each from the City of Twentynine Palms and Burrtec Waste and Recycling Services to Boy Scout Troop 229 and the Twentynine Palms High School Interact Club for their Participation in the Cash for Trash and Recycling Program.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he met with the Twentynine Palms High School Interact Club.
Councilmember Mintz commented that he attended the Ribbon Cutting Ceremony for the Channel Trail last week and he also attended the City County Conference in Lake Arrowhead.
Councilmember Klink mentioned that he attended the Ribbon Cutting Ceremony for the Channel Trail last week and the City County Conference in Lake Arrowhead. He also commented that it is a special time as his daughter Amanda is back in the United States after being stationed in England for five years with her husband. He also reminded everyone to drink water as it is getting hot out.
Mayor Pro Tem Bilderain mentioned that he did not attend any meetings.
City Council - Regular Meeting
May 23, 2023
Mayor Wright commented that he attended the Ribbon Cutting Ceremony for the Channel Trail and he wished everyone celebrating a birthday in May a Happy Birthday and he echoed what Councilmember Klink said about drinking water.
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 May 9, 2023.
5. Steel Drum Roller Bomag BW 120 sl-5.
RECOMMENDATION: The City Council approve the purchase of a Bomag BW 120 sl-5 steel drum roller for the amount of $53,450.47.
6. Accept the SR 62 Raised Median Project.
RECOMMENDATION: The City Council:
1. Accept the SR 62 Raised Median Project as completed for a total cost of $171,996.
2. Direct the City Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.
7. Accept the Twentynine Palms Channel Trail Project.
RECOMMENDATION: The City Council:
1. Accept the Twentynine Palms Channel Trail Project, Phase 1 as completed for a total cost of $677,261.
2. Direct the City Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.
8. Twentynine Palms Lighting and Landscaping Assessment District #1, Engineer’s Annual Report, and Levy of Assessment for FY 2022-2023.
RECOMMENDATION: The City Council:
1) Adopt Resolution No.23-07 (A Resolution of the City Council of the City Twentynine Palms Directing the Filing of the Annual Report for the Twentynine Palms Landscaping and Lighting Assessment District No. 1); 2) Receive and approve the Engineer's Report as filed or as amended; 3) Adopt Resolution No.23-08, (A Resolution of the City Council of the City of Twentynine Palms Declaring its intention to order improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024).
City Manager Luckino commented that Item No. 8 calls for a Public Hearing on July 25th, however, the date will be changed to June 27th.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar 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
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION – None.
City Council - Regular Meeting
May 23, 2023
PUBLIC HEARING
9. Presentation of the Proposed Two-Year General Fund Budget for Fiscal Year 2023-24 & 2024-25.
RECOMMENDATION: The City Council approve the following:
1. Resolution No. 23-09, approving the Fiscal Year 2023-24 & 2024-25 General Fund Budget including the following:
a. Annual Spending Plan
b. Employee Cost of Living Adjustment (COLA)
c. Wage Scale and Classification Schedule
2. Inter-fund transfers for FY 2023-24:
a. Transfers from the General Fund to Capital Projects Fund: $160K for self-funding; $105K for the purchase of a vehicle for Animal Control; and $5K to be put aside for the acquisition of a street sweeper.
b. $65K transfer from the General Fund to the Sewer Fund for fund’s subsidy.
Finance Director Abigail Hernandez-Conde (Director Hernandez-Conde) presented the Staff Report.
Mayor Wright opened up the Public Hearing.
Anna Stump, Twentynine Palms, spoke on behalf of the PAAC, asking that the $15,000 that is budgeted for Project Phoenix public art be used to move the 29! sign to Freedom Plaza and also for maintenance.
Veno Nathraj, Twentynine Palms, spoke regarding the sponsorship, specifically the $1516 allocated for the Pride event.
Mary Jane Binge, Twentynine Palms, commented on the 29! sign, saying she is totally against moving the sign.
She mentioned that many tourists stop and take photographs at the sign.
Mayor Wright closed the Public Hearing.
Councilmember Scott commented that he is recommending that the City Council remove the allocation to the Pride event and use it for Juneteenth event since TBID is already funding the Pride event.
Councilmember Klink mentioned that he agrees that the City should allocate those funds for the Juneteenth event and also for a Memorial event, since the Cemetery is no longer going to host an event for Memorial Day.
Eileen Leslie, Twentynine Palms, suggested that perhaps an art contest could be initiated for an additional concept for Freedom Plaza.
After a brief discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Scott to approve Resolution No. 23-09, approving the Fiscal Year 2023-24 & 2024-25 General Fund Budget including the following:
a. Annual Spending Plan
b. Employee Cost of Living Adjustment (COLA)
c. Wage Scale and Classification Schedule
2. Inter-fund transfers for FY 2023-24:
a. Transfers from the General Fund to Capital Projects Fund: $160K for self-funding; $105K for the purchase of a vehicle for Animal Control; and $5K to be put aside for the acquisition of a street sweeper. b. $65K transfer from the General Fund to the Sewer Fund for fund's subsidy.
City Council - Regular Meeting
May 23, 2023
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION AND POTENTIAL ACTION ITEMS
10. City Manager's Written Report and Intention to Levy Sewer Fees for FY 2023-24.
RECOMMENDATION: The City Council:
1. Adopt Resolution No. 23-10, (A Resolution of the City Council of the City Twentynine Palms Directing the Filing of the Annual Written Report for the City's Sewer Fees.
2. Receive and approve the City Manager's Written Report as filed or as amended.
3. Adopt Resolution No. 23-11, (A Resolution of the City Council of the City of Twentynine Palms Declaring its intention to levy and collect assessments pursuant to Section 5471 of the California Health and Safety Code for Fiscal Year 2023-2024).
4. Direct City Clerk to schedule a public hearing to notify the public of the City's intent to place the sewer fees on the Tax Roll for Fiscal Year 2023-24.
City Manager Luckino presented the Staff Report.
Councilmember Scott commented that it doesn't seem right. He feels he may need to research this more. He asked how the percentage of charges are calculated. City Manager Luckino commented that it is by categories and the amount of water being used.
Veno Nathraj, Twentynine Palms, commented on the calculation. based on the EDU (Estimated Dwelling Unit).
Eileen Leslie, Twentynine Palms, commented on the initial setup of the infrastructure and on how the businesses should be charged. She mentioned this is not a water treatment plant, she has a septic tank. Revenue in the City is coming from the sales tax from businesses. She commented that she doesn't know how the City is going to charge 4.6% annually. These businesses will not be able to afford to stay open.
Joseph Carder, Twentynine Palms, asked are there any implications for other property owners on parcels not currently connected to the water system. City Manager Luckino replied no. He also asked what the rate controls are and if the 4.6% increase is the only increase or will there be more. City Manager Luckino replied that the maximum in rates will be the actual cost of the operation.
Carol Edwards, Twentynine Palms, reiterated what Ms. Leslie commented on. She commented that the restaurant business is not profitable and what little there may be, she holds onto. The increase in charges is the difference between her opening an additional day and hiring another employee.
ACTION: A motion was made by Councilmember Scott to table this item for further discussion, allowing the City Council to obtain more information on this. The motion was seconded by Councilmember Klink.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, SCOTT, WRIGHT
NOES: MINTZ
ABSTAIN: NONE
ABSENT: NONE
City Council - Regular Meeting
May 23, 2023
11. Potential Commercial Solar Field.
RECOMMENDATION: The City Council receive and file.
Community Development Director Gardner presented the Staff Report. He then passed the floor to Mr. Peter Bobro, with E Group and Mr. Robert M. Smith with K & L Gates who provided a PowerPoint Presentation on the anticipated solar farm.
Mayor Wright read an email that was sent by Russ and Gina Kohn for the record in opposition of the proposed Solar Field.
Veno Nathraj, Twentynine Palms, asked what the zoning is for the land for this proposed solar field. He commented that this project could create 200 jobs during the construction phase and another 300 full-time jobs over the lifespan. He commented that he is for development in our City, as long as the developer is responsible and that the project creates jobs in the City.
Pat Flanagan, Twentynine Palms, commented that this project is sitting on a heavy sand transport path and there is potential that this sand is going to blow into the surrounding residences and into the city.
Joseph Carder, Twentynine Palms, commented that he is pro solar, he commented that how ironic it is how these representatives are presenting the item and explaining how they are going to keep the project out of the eye of the community. He wished the same would go for the sewer project. He asked how much power the City would get to keep. Mr. Smith commented that there are a variety of options that can be discussed with city officials when the time comes. Mr. Carder then asked if that power can be used for a pumping station to move the treatment plant from his neighborhood.
Mary Jane Binge, Twentynine Palms, mentioned that she doesn't like the area this project is going into.
Terrence Latimer, Twentynine Palms, asked if there are any other competing bids, meaning are there any other developers that are interested in developing that land that might be more proactive.
Susan Peplow, Joshua Tree, commented that the City Council pay particular attention to the significant monetary benefit to the City and make sure that we hold E Group to it.
Councilmember Scott commented that he finds the threat this group is presenting is very offensive to him.
Mayor Pro Tem Bilderain mentioned that he particularly will be affected by this solar field as his residence is right across from this solar field, however, if this project will benefit the City, he is in agreement. He hopes that we can work together and something positive will come out of this moving forward.
Councilmember Klink commented that his home lies in the area as well. He asked what happens when more developers come and want to build more solar fields. He commented that he is in agreement with Mayor Pro Tem Bilderain's comments.
Councilmember Mintz commented that in the future there will be a huge demand for these products and if the City can benefit from this before the State gets involved and forces the City to comply, then he is in agreement.
12. Vacation Home Rental (VHR) Ordinance.
RECOMMENDATION: The City Council requested by future agenda item request to temporarily reduce the insurance requirement for Vacation Home Rentals (VHR) from $1M to $500K pending the formal updated policy from the Planning Commission.
Councilmember Klink recused himself from this discussion due to a possible conflict of interest and left the Council Chambers at 7:50 p.m.
City Council - Regular Meeting
May 23, 2023
Director Gardner presented the Staff Report.
Councilmember Mintz mentioned that the County of San Bernardino and the Town of Yucca Valley has no requirement for insurance.
After a brief discussion, a motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to have NO requirement for liability insurance for vacation home rentals.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: KLINK
ABSENT: NONE
Councilmember Klink returned to the Council Chambers at 7:55 p.m.
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained v. Non-Maintained Roads.
3. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.
4. Planning Commission review of what materials can be used for commercial driveways.
5. Identify ten (10) lots to start a self-help construction program.
Councilmember Scott asked for a discussion on forming a Youth Council. Mayor Pro Tem Bilderain seconded the item.
PUBLIC COMMENTS
Alice Lawson, Twentynine Palms, spoke regarding crosswalks in the City, specifically near Oasis Elementary.
Karen Harper, Twentynine Palms, representing the "Women of Color" group, mentioned that they are sponsoring the Juneteenth event. She asked if the City has set aside any funding for Juneteenth.
Carol Edwards, Twentynine Palms, commented regarding the previous conversation regarding the 29! sign, mentioning that she agrees the current sign needs to stay where it is, but also agrees that one needs to be at Freedom Plaza, so is it possible to raise private funds to create another sign for Freedom Plaza. Mayor Wright mentioned that they are prohibited from responding to her question, however, the City Manager will discuss that with the City Council individually.
Terrence Latimer, Twentynine Palms, commented regarding events in the City. He commented that there should be a sense of ownness from the organizations that we are distributing funds to such as collecting data on attendance etc.
Joseph Carder, Twentynine Palms, commented on the solar fields and the sewer plant.
Mary Jane Binge, Twentynine Palms, commented that she hopes the City Council takes into consideration the repair and maintenance of the 29! sign. She also commented that she heard there are solar farms are going into the open areas on Interstate 10 going towards Blythe and there is no phone reception in that area now, so that might be something to consider when making the decision on the proposed solar field. She mentioned that the main concern she has is Project Phoenix and was hoping that the area would be considered as a playhouse, holding plays outdoors. She is saddened by the whole thing because this project was supposed to bring people to the area, and she doesn't see that happening.
City Council - Regular Meeting
May 23, 2023
Ronnie Tiner, Twentynine Palms, spoke about the noise, speeding traffic, the light pollution, the smell in the Project Phoenix area and it has become unbearable.
CITY MANAGER UPDATE
City Manager Luckino provided updates on the following: he mentioned that he and Finance Director Hernandez had a meeting with HDL, who reviews our sales tax, and the report shows good results in the Downtown area/Project Phoenix, an event application is in the works, the Neighborhood Safety Project is almost complete, which includes new signs to be put up throughout the City and chip seal repair on various streets, and the Wastewater Advisory Committee meeting will be held June 1, 2023.
Mayor Wright sent a special shout out to Boy Scout Troop 229 for attending the meeting.
ADJOURNMENT - Mayor Wright adjourned the meeting at 8:14 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer