TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
September 12, 2023
CLOSED SESSION AGENDA
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 - The City Council adjourned to Closed Session at 5:17 p.m.
1. Closed Session Pursuant to Government Code Section §54956.9 Potential Litigation (1 Case).
REGULAR SESSION AGENDA
CALL TO ORDER - Mayor Wright called the meeting to order at 6:03 p.m.
Pledge of Allegiance - Ms. Heidi Grunt led the Pledge of Allegiance.
Invocation - Pastor Michelle Ronia, Oasis Community Church, gave the Invocation.
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. Introduction of the New Government Relations Manager for Southern California Edison.
Mayor Wright introduced Shane Moussad, Government Relations Manager for Southern California Edison.
2. Proclamation Recognizing Hispanic Heritage Month.
Mayor Wright read the Proclamation in its entirety and presented the Proclamation to Ms. Deanna Perez and Joseph Candelaria.
3. Proclamation Declaring September 2023 as Hunger Action Month.
Mayor Wright read the Proclamation in its entirety. He presented the Proclamation to Boy Scout member Thomas Elkins.
City Council - Regular Meeting with Closed Session
September 12, 2023
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he had meetings with constituents, and he attended a training in Long Beach.
Councilmember Mintz commented that he attended a MDAQMD meeting.
Councilmember Klink wished everyone celebrating a birthday in September a Happy Birthday, he mentioned that he attended an SBCTA meeting, and he welcomed Shane Moussad.
Mayor Pro Tem Bilderain commented that he had meetings with some concerned citizens, and he wished his son Jaden a Happy Birthday.
Mayor Wright wished his wife Alfreda a Happy Anniversary and his son a Happy Birthday. He mentioned that he was the MC for the Basin Wide Foundation Annual Dinner, he attended the Tire Grant meeting with Basin Transit and Warhawks Football has begun.
Councilmember Klink asked for a moment of silence in memory of September 11 and the victims who lost their lives.
Mayor Wright initiated a moment of silence.
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 August 8, 2023.
6. Luckie Park Stadium Light Project Management.
RECOMMENDATION: The City Council approve the City Manager to negotiate and execute a contract with Tanko Lighting for project management and bid document creation not to exceed $100,034 or 7% of construction cost.
7. Second Reading - San Bernardino County Fire (SBCFD) Fire Code.
RECOMMENDATION: The City Council approve Ordinance No. 306 and approve SBCFPD Ordinance No. 23- 01 adopting the San Bernardino County Fire Protection District Fire Code (referencing the 2022 Edition of California Fire Code).
8. Acceptance of Work for the Community Development Department Tenant Improvement Project.
RECOMMENDATION: That the City Council:
1. Accept the work completed by KNC Construction as part of the Development Department Tenant Improvement project for a total contract cost of $162,672.60.
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.
Councilmember Scott asked to pull item #8 for discussion.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to approve the Consent Calendar minus item 8, as submitted.
City Council - Regular Meeting with Closed Session
September 12, 2023
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
8. Acceptance of Work for the Community Development Department Tenant Improvement Project.
RECOMMENDATION: That the City Council:
1. Accept the work completed by KNC Construction as part of the Development Department Tenant Improvement project for a total contract cost of $162,672.60.
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.
City Manager Luckino presented the Staff Report.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott, to approve item 8, as submitted.
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
9. Transportation Impact Fee.
RECOMMENDATION: The City Council accept the Transportation Impact Fee Study.
City Manager Luckino introduced the item. Community Development Director Gardner (Director Gardner) 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 Wright, to accept the Transportation Impact Fee Study.
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 with Closed Session
September 12, 2023
10. Tourism Business Improvement District (TBID).
RECOMMENDATION: The City Council hold a Public Hearing to adopt Resolution No. 23-23, confirming the levy of assessments.
Mayor Wright announced that due to technical difficulties, this meeting is not being livestreamed. It will be uploaded to YouTube once the meeting is over, and we apologize for the inconvenience.
City Manager Luckino presented the Staff Report. Councilmember Scott asked if letters were sent to those affected and if so, can the Council see a letter that was sent.
Mayor Wright opened the Public Hearing.
Yashwin Nathraj, Oasis Inn & Suites, spoke regarding the ADA compliance for Air BnBs. He asked if someone were to sue him for not being ADA compliant at his Airbnb, will the City back him up in a lawsuit since the City allowed him to establish this Air BnB illegally? He asked for guidance. Mayor Wright commented to Mr. Nathraj that this comment is more of a Public Comment and not the TBID. He is opposed to TBID.
Judy Pruitt, Twentynine Palms, commented that she suggests the City find another means to collect the TOT so that it can be spent accordingly. She is opposed to the TBID.
Nadia, Holiday Inn Express, spoke in opposition of the TBID.
Anja Walker, Twentynine Palms, spoke in opposition of the TBID.
Elizabeth McLachlan, Joshua Tree, spoke in opposition of the TBID.
Eileen Leslie, Twentynine Palms, spoke in opposition of the TBID.
Veno Nathraj, Oasis Inn & Suites, spoke in opposition of the TBID.
Hatesh Bhakta, Legal Representative for Oasis Inn & Suites and America's Best Value, Holiday Inn Express, Motel 6, 9 Palms Inn Motel and El Rancho Dolores, spoke in opposition of the TBID.
April Ramirez, Twentynine Palms, spoke in opposition of the TBID.
Having no more requests to speak, Mayor Wright closed the Public Hearing.
City Manager Luckino announced that there is an 18.82% in protest of the TBID, which is not enough to stop the assessment.
Councilmember Scott thanked all the members of the public for showing up to the meeting and asked to go on public record that he is in direct opposition to TBID.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to adopt Resolution No. 23-23 confirming the levy of assessments.
Councilmember Scott made an alternate motion to kill the TBID today, Mayor Wright seconded the motion.
City Council - Regular Meeting with Closed Session
September 12, 2023
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, SCOTT,
NOES: KLINK, MINTZ, WRIGHT
ABSTAIN: NONE
ABSENT: NONE
The original motion to approve the levy came was made by Councilmember Mintz, seconded by Councilmember Klink.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: KLINK, MINTZ
NOES: BILDERAIN, SCOTT, WRIGHT
ABSTAIN: NONE
ABSENT: NONE
11. Conflict of Interest Code Update.
RECOMMENDATION: The City Council approve Resolution No. 23-24 and introduce Ordinance No. 307 amending the City's Conflict of Interest Code. (Attachment A) City Clerk Villescas presented the Staff Report.
ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott to approve Resolution No. 23-24 and introduce Ordinance No. 307, emending the City's Conflict of Interest Code (Attachment A).
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
12. Morongo Basin Arch Navigation Center Sponsorship.
RECOMMENDATION: The City Council financially sponsor the proposed Navigation Center located at 6594 Adobe Road for the amount of $32,010.
Director Gardner presented the Staff Report.
Astrid Johnson, representing Morongo Basin ARCH, provided more information on the Navigation Center.
Deanna Perez, Twentynine Palms, spoke in favor of the Navigation Center, but also wanted to know what the City's long-term goals are.
Jenn De Falco, Twentynine Palms, wanted to express how vital it is to have a Center like this.
Alex Garcia, Twentynine Palms, commented that this Center is one of the most important things we can get for the homeless and he is in full support.
City Council - Regular Meeting with Closed Session
September 12, 2023
Mai, no address given, commented that she is in favor of this Center.
ACTION: A motion was made by Councilmember Klink, seconded by Mayor Pro Tem Bilderain to financially sponsor the proposed Navigation Center located at 6594 Adobe Road for the amount of $32,010.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
13. Self Help Construction Program - Agreement to Negotiate.
RECOMMENDATION: The City Council approve the Agreement to Negotiate with Coachella Valley Housing Coalition (CVHC) to establish a self-help construction program in the City of Twentynine Palms.
City Manager Luckino presented the Staff Report.
Councilmember Klink asked if it is correct that 10 houses at a time will be going up.
Mr. Pedro Rodriguez, Executive Director for the Coachella Valley Housing Coalition, provided more information on the program.
Joseph Candelaria, Twentynine Palms, commented that this sounds like an awesome program and would like to know more about it. Kudos to the City Council.
ACTION: A motion was made by Councilmember Scott, seconded by Mayor Pro Tem Bilderain, to approve the Agreement to Negotiate with Coachella Valley Housing Coalition (CVHC) to establish a self-help construction program in the City of 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 COMMENTS
Alice Lawson, Twentynine Palms, spoke about the lack of crosswalks and stop signs on Sun Valley Drive, Sunnyvale, and Hillside.
Eileen Leslie, Twentynine Palms, spoke regarding the incident at the Wastewater Committee meeting on September 6th in which she was threatened by the Committee Chair. She commented that this is a bad look for our City and will not be bullied.
She thanked the concerned citizens who reached out to her.
April Ramirez, Twentynine Palms, commented to the City Council to stand by for a cure and correct letter in regard to the previous comment made about money spent on "Box of Kittens" by the TBID.
Joseph Carder, Twentynine Palms, spoke regarding the Wastewater Treatment Plant and the incident that occurred on September 6th at the Wastewater Committee meeting.
City Council - Regular Meeting with Closed Session
September 12, 2023
Mai, no address given, spoke regarding two homeless women she recently helped. She asked the City Council to look into helping these homeless more.
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained vs. Non-Maintained Roads.
3. Discussion on forming a Youth Advisory Committee.
4. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.
5. 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.
Mayor Wright asked what we can do on Larrea Avenue and Sunnyslope Drive. He mentioned that he witnessed students from the High School trying to cross Larrea without crosswalks or stop signs and it is very dangerous. Councilmember Klink seconded the item, and he asked if we could have more flashing lights on signs that were recently installed on some of the streets.
Councilmember Scott asked to add an item, to disband the Wastewater Committee. This item died due to no second.
Councilmember Scott asked to add an item, to replace the Chair of the Wastewater Committee. This item died due to no second.
Councilmember Scott asked to add an item, to stop the Wastewater Treatment Plant altogether. This item died due to no second.
Mayor Pro Tem Bilderain commented that a discussion on what occurred that evening needs to be addressed. Mayor Wright agreed. City Manager Luckino commented that there is some training scheduled on the way meetings should be run.
CITY MANAGER UPDATE
City Manager Luckino provided the following updates: the City continues to look at the pool issue, in keeping it up longer, the Regional Water Quality Control Board will be speaking at Rotary tomorrow so anyone that is interested in listening to their presentation, can go to Rotary tomorrow, he is continuing to work on the statewide committee for sales tax allocations, and Staff is working on an agreement for the portable showers at Shadow Mountain Church, and in regards IT, technology is changing all the time. He thanked Eli Marshall, for all that he does.
Mayor Wright forgot to mention that he recently attended a High School Football game, and they had a student walk onto the field with the flag because the field doesn't have a flagpole. He asked if there is a way to help with the purchase of a flagpole, it would be beneficial.
ADJOURNMENT - Mayor Wright adjourned the meeting in memory of September 11, 2001 at 7:49 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer