TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
June 13, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:02 p.m.
Pledge of Allegiance - Boy Scout Thomas Ellison led the Pledge of Allegiance.
Invocation - Pastor Nick Foley - Set Free Church, 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 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
1. Presentation to the Explorer Post 870 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 Explorer Post 870 for their participation in the Cash for Trash and Recycling Program.
2. Proclamation Recognizing June 19, 2023 as Juneteenth Independence Day.
Mayor Wright read the proclamation in its entirety and presented it to Ms. Carrie Williams, who is coordinating the Juneteenth celebration in the City.
3. Proclamation Recognizing June 2023 as LGBTQ+ Pride Month Mayor Wright read the proclamation in its entirety.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the East Valley Regional Steering Committee meeting and he congratulated Morongo Basin ARCH for receiving a grant from San Bernardino County to help with homelessness.
Councilmember Mintz mentioned that he attended the Ribbon Cutting Ceremony for the Luckie Park Pool, the Copper Mountain College Golf Tournament fundraiser and he announced that he would not be able to attend the Grilling with the Mayor event on Friday as he will be in Alabama for graduations.
City Council - Regular Meeting
June 13, 2023
Councilmember Klink wished everyone celebrating a birthday in June a Happy Birthday, he mentioned that he attended the Copper Mountain College Golf Tournament, and he reminded everyone that the Grilling with the Mayor event is this Friday, June 16th at Luckie Park Pool.
Mayor Pro Tem Bilderain mentioned that he attended the Luckie Park Pool Grand Reopening, and he wished all fathers a Happy Father’s Day this Sunday.
Mayor Wright wished his beautiful wife a Happy Birthday and Happy Father’s Day to all the dads. he attended the Ribbon Cutting Ceremony for Luckie Park Pool, the 29 Warhawks Training Camp, the Basin Transit meeting, the Mayor’s Prayer Breakfast, the Copper Mountain College Graduation, the Junior High Promotion Ceremony, and the High School Graduation. He also mentioned that he, along with Mayor Pro Tem Bilderain and Councilmember Scott, laid a wreath at the Cemetery in honor of Memorial Day and he attended the ICHC City Selection Committee meeting.
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 May 23, 2023.
6. Approval of Warrant Register Totaling $3,328,747.64.
7. Approval of Project Phoenix Warrant Register Totaling $10,822.80.
8. Annual Contract with San Bernardino County Sheriff's Department.
RECOMMENDATION: The City Council approve the annual contract with the San Bernardino County Sheriff’s Department for Law Enforcement Services in the amount of $5,323,535 plus incidental expenses.
9. Accept the Luckie Park Pool Project.
RECOMMENDATION: The City Council:
1. Accept the Twentynine Palms Luckie Pool Project as completed for a total cost of $4,884,904.00.
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.
10. Fire Station Lease.
11. Designating Authorized Signers on the City's Bank Accounts.
RECOMMENDATION: The City Council adopt Resolution No. 23-10 designating authorized signers on the City Bank Accounts.
12. Updating Information with the Local Agency Investment Fund (LAIF).
RECOMMENDATION: The City Council adopt Resolution No. 23-11, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.
13. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List Approval and Budget Amendment.
RECOMMENDATION: The City Council adopt Resolution No. 23-12 Identifying the project(s) to be funded by SB1 RMRA funding.
Councilmember Scott asked that item #9 be removed for discussion.
City Council - Regular Meeting
June 13, 2023
Veno Nathraj, Twentynine Palms, asked that item #6 be removed for discussion.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve the Consent Calendar, excluding items #6 and 9.
Councilmember Mintz abstained from item #7 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 #7
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
6. Approval of Warrant Register Totaling $3,328,747.64.
City Manager Luckino explained item #6.
Veno Nathraj, Twentynine Palms asked about the checks for American Express and NV5.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve Item #6 from the Consent Calendar.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
9. Accept the Luckie Park Pool Project.
City Manager Luckino gave a brief on the Luckie Park Pool Project.
Veno Nathraj, Twentynine Palms, asked about the total amount for the project.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to approve Item #9 from the Consent Calendar.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, WRIGHT
NOES: NONE
ABSTAIN: SCOTT
ABSENT: NONE
City Council - Regular Meeting
June 13, 2023
PUBLIC HEARINGS
14. DCA - Temporary Use Permits.
RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA, and adopt the Ordinance approving the amendment to the Development Code regarding Temporary Use Permits.
Community Development Director Gardner (Director Gardner) presented the Staff Report.
Mayor Wright opened the Public Hearing.
Having no one requesting to speak, Mayor Wright closed the Public Hearing.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott, to introduce the Ordinance approving the amendment to the Development Code regarding Temporary Use Permits.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
15. DCA - Film Permits.
RECOMMENDATION: The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and adopt the Ordinance approving the amendment to Development Code adding Chapter
19.35, Film Permits.
Mayor Wright opened the Public Hearing.
Having no one requesting to speak, Mayor Wright closed the Public Hearing.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott, to find the project exempt from CEQA and introduce the Ordinance approving the amendment to the Development Code adding Chapter 19.35, Film Permits.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
16. Proposed 2-Year Project Phoenix Funds Budget for FY 2023-24 & 2024-25.
RECOMMENDATION: The City Council approve Resolution No. 23-13 that authorizes the adoption of the Project Phoenix Funds Budget for FY 2023-24 & 2024-25.
Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 6:32 p.m.
City Council - Regular Meeting
June 13, 2023
Finance Director Hernandez-Conde (Director Hernandez-Conde) presented the Staff Report and Power Point Presentation.
ACTION: A motion was made by Councilmember Klink, seconded by Mayor Wright to approve Resolution No. 23-13 authorizing the adoption of the Project Phoenix Funds Budget for FY 2023-24 and 2024-25.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Councilmember Mintz returned to the Council Chambers at 6:42 p.m.
17. Proposed Two-Year Special Funds Budget for FY 2023-24 & 2024-25.
RECOMMENDATION: The City Council approve:
1) Resolution No. 23-14 that authorizes the adoption of the Special Funds Budget for the Fiscal Years 2023- 24 and 2024-25.
2) Interfund transfers for admin fees in FY 2023-24
a) $10K from the Gas Tax Fund to the General Fund
b) $10K from the Measure I Fund to the General Fund
c) $87.5K from the Successor Agency Fund to the General Fund 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 approve Resolution No. 23-14 that authorizes the adoption of the Special Funds Budget for the Fiscal Years 2023- 24 and 2024-25 and approve Interfund transfers for admin fees in FY 2023-24 a) 10K from the Gas Tax Fund to the General Fund, b) $10K from the Measure I Fund to the General Fund c) $87.5K from the Successor Agency Fund to the General Fund.
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
18. City Manager's Written Report and Intention to Levy Sewer Fees for FY 2023-24.
RECOMMENDATION: The City Council:
1) Adopt Resolution No.23-15, (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.23-16, (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 Council - Regular Meeting
June 13, 2023
Councilmember Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 6:54 p.m.
City Manager Luckino presented the Staff Report.
Veno Nathraj, Twentynine Palms, presented a handout to the City Council referencing utility bills he receives in other locations he owns throughout Southern California. He asked how the calculations were made. He asked the City Council to reevaluate the calculations.
Eileen Leslie, Twentynine Palms, doesn't feel comfortable with the rate reduction. She is grateful and happy to know that this reduction does not just apply to her because if it was just her business, that would imply something is wrong here. She is asking for no increase for the next few years.
After a brief discussion, a motion was made by Mayor Wright, with the clause that rates not increase for the next two years. The motion was seconded by Councilmember Klink to:
1) Adopt Resolution No.23-15, (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.23-16, (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.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, WRIGHT
NOES: SCOTT
ABSTAIN: MINTZ
ABSENT: NONE
The above motion was not carried.
Councilmember Mintz returned to the Council Chambers at 7:19 p.m.
19. Planning Commission Appointment.
RECOMMENDATION: The City Council appoint Alexander James Garcia and Jessica Cure to the Planning Commission as recommended by the Ad Hoc Committee (Mayor Pro Tem Steve Bilderain and Councilmember Octavious Scott).
City Manager Luckino presented the Staff Report. Councilmember Bilderain explained the process he and Councilmember Scott went through to choose the two applicants to fill the vacant positions on the Planning Commission.
Mayor Wright read an email from Andrew Evans, which was sent to be read into the record.
Councilmember Mintz asked if any interviews were conducted for these positions. Councilmember Bilderain answered no.
Councilmember Klink commented that he wasn't really in agreement with an interview not being conducted.
City Council - Regular Meeting
June 13, 2023
Jonathan Hume, Twentynine Palms, echoed some of the points expressed by the person who sent the email.
He is not confident on how this process took place. He encouraged the City Council to revisit this process.
Matt Hemmie, Twentynine Palms, reiterated what Mr. Hume mentioned. He thinks that there should be interviews.
ACTION: A motion was made by Mayor Pro Tem Bilderain, seconded by Councilmember Scott to appoint Alexander James Garcia and Jessica Cure to the Planning Commission as recommended by the Ad Hoc Committee (Mayor Pro Tem Steve Bilderain and Council Member Octavious Scott).
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, MINTZ, SCOTT
NOES: KLINK, WRIGHT
ABSTAIN: NONE
ABSENT: NONE
The two appointees thanked the City Council and mentioned that they would do a good job.
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.
6. Discussion on forming a Youth Advisory Council.
Councilmember Klink suggested the Homeless Committee look into hoteliers allowing the homeless in their hotel. Mayor Wright seconded the item.
Mayor Wright asked that the City Manager look into Code of Conduct for City Councilmembers. This item was seconded by Councilmember Klink.
City Manager Luckino mentioned that the Community Development Director is working on item #4, relating to commercial driveways.
PUBLIC COMMENTS
James DeHoedt, Twentynine Palms, commented on kids fighting at the Park. He mentioned that he and his friends go to the Park on Saturdays and every time they have been there, there are kids fighting. He asked the City Council to look into this.
Veno Natraj, Twentynine Palms, suggested that big projects go to a public agenda rather than conducting a Request for Qualifications. He mentioned that he would be submitting a Public Records Request with the City Clerk to obtain all information on the Luckie Park Pool project.
Alice Lawson, Twentynine Palms, asked if it was going to be illegal to use water from a washing machine to water trees and grass. City Manager Luckino commented that he along with the General Manager from the Water District would speak to her after the meeting.
City Council - Regular Meeting
June 13, 2023
Cecil Edwards, Twentynine Palms, asked if the roundabouts will still be going in in the Downtown area. City Manager Lucking replied yes. Ms. Edwards commented that this is a big concern because as it is, the Crosswalk at Tamarisk and 62 is very dangerous.
Joseph Carder, Twentynine Palms, commented on the Sewer Project and mentioned that he asked the plant manager in Yucca Valley if their plant smelled, and the manager replied yes. He commented that the proposed treatment plant for Twentynine Palms is also going to smell, even though Staff said it wouldn't.
Mary Jane Binge, Twentynine Palms, commented that there are many homeless hanging out next to her property on Twentynine Palms Highway. She asked the City Council to do something as she is getting ready to lose her tenants at that property because of this.
Carrie Williams, Twentynine Palms, asked if she were to build a home, does she have to build a garage or can she put up a carport to replace the garage. Director Gardner mentioned this was an item that is going to be discussed at the next Planning Commission meeting.
CITY MANAGER UPDATE
City Manager Luckino thanked Director Hernandez-Conde and her Staff for all the hard work they put into putting the Budget together, he mentioned the State Budget is not balanced and the Governor and the Legislature are working out a deal to fix that, he welcomed the newly appointed Planning Commissioners, the second detective that was recently approved should start in July and he welcomed the new Dollar General.
ADJOURNMENT - Mayor Wright adjourned the meeting at 7:47 p.m.
Respectfully submitted,
Cindy Villlescas, CMC
City Clerk/Public Information Officer