TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
August 8, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:01 p.m.
Pledge of Allegiance - Terrance Lattimer led the Pledge of Allegiance.
Invocation - Rev. Don Thursby, Little Church of the Desert, led the Pledge of Allegiance.
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 of a Proclamation for Michelle Bergey Upon Her Retirement from the District Attorney's Office.
Mayor Wright read the Proclamation in its entirety and presented the Proclamation to Ms. Bergey.
2. Introduction of the City's Newest Employees.
Animal Control Supervisor, Rick Boyd, introduced and welcomed Patrick Tenario and Klalyn Tschoepe to the Animal Control Staff.
Recreation Division Manager Kary Minatrea introduced and welcomed Amy Tessier to the Park and Recreation Staff.
Public Works Superintendent Craig Stacey introduced and welcomed David Daly to the Public Works Staff.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the East Valley Regional Steering Committee meeting, the Wastewater Advisory Committee meeting, the Homeless and Housing Advisory Committee meeting and the TBID meeting.
Councilmember Mintz commented that he attended the Basin Transit meeting and the Events Committee meeting.
Councilmember Klink mentioned that he didn't attend any meetings. He wished everyone in the Morongo Basin a Happy Birthday for those celebrating a birthday in August, especially his son Matthew. He reminded everyone to stay cool and drink plenty of water.
City Council - Regular Meeting
August 8, 2023
Mayor Pro Tem Bilderain commented that he had no official meetings outside of City Hall, he attended internal committee meetings.
Mayor Wright mentioned that he attended the Quarterly ASYMCA Luncheon honoring the Servicemembers of the Quarter, the 4th of July event at Knotts Sky Park, the General's Change of Command Ceremony, a Ribbon Cutting ceremony for two businesses in the Corner 62 building, the Basin Transit meeting and reminded everyone that there are many school giveaways in the City so look out for these events and take advantage of them. Mayor Wright welcomed all the new employees.
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 June 13, 2023 and June 27, 2023.
5. Treasurer's Report - FY 2022-23 Quarter 4.
RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 4th quarter in Fiscal Year 2022-23.
6. Adoption of Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.
RECOMMENDATION: The City Council adopt Resolution No. 23-18 approving the Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.
7. 6602 Freedom Way Demolition Acceptance of Work.
RECOMMENDATION: The City Council:
1. Accept the work for the 6602 Freedom Way Demolition Project as complete, for a total contract cost of $38,000.00.
2. Direct the City Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
8. Community Events Grants.
RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:
1. Twentynine Palm Book Festival - $5,000;
2. Morongo Basin Spell A-Thon - $1,000;
3. CMC Howl Poetry Slam - $1,000;
4. AfroLab - $5,000
9. Agreement with Caroline Partamian.
RECOMMENDATION: The City Council authorize the City Manager to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.
10. MBTA Public Parking - Indemnification Agreement.
City Council - Regular Meeting
August 8, 2023
11. I-Bank Resolution.
RECOMMENDATION: The City Council approve Resolution No. 23-19, authorizing the submission of a loan application to the Infrastructure Bank (I-Bank) in the amount of $500,000 for furtherance of the Luckie Park Stadium Light Project.
Mayor Wright asked that item #8 and item #9 be removed for discussion.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to approve the Consent Calendar minus item #8 and item #9, as submitted.
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
8. Community Events Grants.
RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:
1. Twentynine Palm Book Festival - $5,000;
2. Morongo Basin Spell A-Thon - $1,000;
3. CMC Howl Poetry Slam - $1,000;
4. AfroLab - $5,000
City Manager Luckino presented the Staff Report. He then passed the floor to the Subcommittee who provided more information on the recommendations.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Mintz, to approve the recommendations made by the Events Subcommittee for funding.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
9. Agreement with Caroline Partamian.
RECOMMENDATION: The City Council authorize the City Manager to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.
City Manager Luckino presented the Staff Report. He then passed the floor to PAAC member Kate Short who provided more information.
City Council - Regular Meeting
August 8, 2023
Veno Nathraj, Twentynine Palms, commented that he is for the PAAC, but the citizens need to see checks and balances and not leave decisions to just one person.
April Ramirez, Twentynine Palms, wants to make sure that what the City has is transparency.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.
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
12. Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2023-2024.
RECOMMENDATION: The City Council:
1) Conduct the Public Hearing.
2) Adopt Resolution No. 23-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.
City Manager Luckino presented the Staff Report.
Mayor Wright opened the Public Hearing.
Having no requests to speak, Mayor Wright closed the Public Hearing.
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain, to adopt Resolution No. 23-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.
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
13. Morongo Basin Arch.
RECOMMENDATION: The City Council review and approve the promissory note of $20,000 to Morongo Basin Arch for the support of the homeless in Twentynine Palms.
City Council - Regular Meeting
August 8, 2023
City Manager Luckino presented the Staff Report. He then passed the floor to Ms. Astrid Johnson, with Morongo Basin Arch, who provided more information.
Councilmember Klink asked if the City Council could bypass the Promissory Note and just grant them the $20,000.
After a brief discussion, a motion was made by Councilmember Klink, seconded by Councilmember Mintz to GRANT Morongo Basin Arch $20,000, no Promissory Note, for the support of 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
14. Council Code of Conduct - Future Agenda Item Request.
RECOMMENDATION: The City Council provide policy direction.
Mayor Wright read a statement from himself regarding this item. He mentioned that he added this item to enhance the efficiency of the City Council meetings. He respectfully requested to withdraw this item from the agenda, apologizing for any misunderstanding this may have caused. Councilmember Mintz seconded the initial request and agreed that it should be withdrawn.
15. Aha Projects!
RECOMMENDATION: The City Council approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1 / year and authorize the City Manager to negotiate and sign the agreements.
Community Development Director Gardner (Director Gardner) presented the Staff Report.
City Clerk Villescas read an email that was sent to be read for the record from Margaret Cowan and Greg DaPonte, who are in favor of this lease agreement.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott, to approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1/ year and authorize the City Manager to negotiate and sign the agreements.
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
August 8, 2023
16. Resolution Approving Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383).
RECOMMENDATION: The City Council:
1. Adopt Resolution No. 23-21, approving the Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and
2. Authorize the City Manager to sign the Second Amendment to the Amended and Restated Agreement Between the City of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services.
City Attorney Muñoz presented the Staff Report.
Councilmember Scott asked if it would be possible to remove the exclusive rights clause for roll off bins in the contract. City Attorney Muñoz commented that this could be discussed with Burrtec.
Veno Nathraj, Twentynine Palms, asked that the City Council consider the exclusiveness. Competition is good for business, and he feels that the City should consider an alternative to use Burrtec or some other company if available.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to:
1. Adopt Resolution No. 23-21, approving the Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and
2. Authorize the City Manager to sign the Second Amendment to the Amended and Restated Agreement Between the City of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained vs. Non-Maintained Roads.
3. Discussion on partnering with Non-profits to open a "Warming Shelter".
4. Identify ten lots to start a self-help construction program.
5. Discussion on forming a Youth Advisory Committee.
6. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.
7. Discussion on the possibility of moving the Wastewater Treatment Plant from the Desert Knoll area to the east side of the City in the Industrial zone.
No other items were added.
PUBLIC COMMENTS
Veno Nathraj, Twentynine Palms, asked for transparency in the community. He mentioned that he discovered at the TBID meeting that they had $500,000 in reserves and asked why this had not been relayed before.
City Council - Regular Meeting
August 8, 2023
Joseph Carder, Twentynine Palms, thanked the Mayor for the heartfelt apology.
Sandy Smith, Twentynine Palms, thanked the City Council for their investment in Copper Mountain College and they appreciate the partnership.
Eileen Leslie, Twentynine Palms, commented on TBID, proposing that it be disband and that this item be added to an agenda.
Alice Lawson, Twentynine Palms, commented on crosswalks at school zones.
Cindy Bernard, Twentynine Palms, commented that she agrees with Ms. Leslie and TBID. She also asked the City Council to consider a discussion of recording committee meetings. She commended Mayor Wright for his letter of apology.
Andrew Fulbright, Twentynine Palms, commented on the Wastewater Project. He asked that the City Council do their due diligence and conduct a cost analysis.
April Ramirez, Twentynine Palms, commented that she was also at the TBID meeting, learning that they had $500,000 in reserves and there is also no need for an additional person at the Visitors' Center. She commented that she also believes that the TBID should be disband because she feels it is being mismanaged.
CITY MANAGER UPDATE
City Manager Luckino provided the following updates: he mentioned that the State has contacted him, and they say they are very close to deciding on a fully funded grant for the Wastewater Project. He also mentioned that the future agenda item request of relocating the Treatment plant will possibly be addressed at the next meeting. He mentioned that Habitat for Humanity will give a presentation at the Rotary meeting on Wednesday, we are looking at getting a project with the City, Cal Recycle is working with a local company to provide mobile recycling pickup, and the Development Impact Fees will be on the next agenda.
ADJOURNMENT - Mayor Wright adjourned the meeting at 7:30 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer