TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
April 9, 2024
CLOSED SESSION AGENDA
5:30 P.M.
CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 5:33 p.m.
ROLL CALL - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.
ADJOURN TO CLOSED SESSION - Mayor Bilderain adjourned to Closed Session at 5:34 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (1 case), VENTURE & SAND LLC, and JAMES B. GRIDER v. City of Twentynine Palms, San Bernardino Superior Court Case No. CIVSB2333176.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case).
REGULAR SESSION AGENDA
6:00 p.m.
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:04 p.m.
Pledge of Allegiance - Veno Nathraj led the Pledge of Allegiance.
Invocation - Rev. Don Thursby, Little Church of the Desert, gave the Invocation.
Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.
Closed Session Announcements – Mayor Bilderain announced that there was no reportable action.
Changes to the Agenda - None.
ANNOUNCEMENTS
Mayor Bilderain 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. Proclamation Recognizing April 2024 as Sexual Assault Awareness Month.
Mayor Bilderain read the Proclamation to the audience.
City Council - Regular Meeting with Closed Session
April 9, 2024
2. Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month.
Mayor Bilderain read the proclamation to the audience.
3. Proclamation Recognizing April 2024 as DMV Donate Life Month.
Mayor Bilderain read the proclamation to the audience.
4. Environmental and Climate Justice Community Change Grant Presentation by Women Of Color Global (WOCG).
Ms. Carrie Williams, representing Women of Color Global (WOCG), introduced Ms. Nancy Black, who provided a PowerPoint presentation about the Environmental and Climate Justice Community Change Grant.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he attended a community meeting on supporting our unsheltered residents and an Easter Service at Oasis Community Church.
Councilmember Wright mentioned that he attended the Basin Transit meeting, the Easter Egg Hunt at Set Free Church, the Good Friday Service at Little Church of the Desert, the Sunrise Service at Freedom Plaza, and Easter Sunday at Gospel Fellowship Church.
Councilmember Mintz commented that he attended an Events Committee meeting and helped at Sky's the Limit.
Mayor Pro Tem KIlink mentioned that he helped at Sky's the Limit as well, he attended an SBCTA meeting, and he wished everyone celebrating a birthday in April a Happy Birthday.
Mayor Bilderain commented that he had the privilege to attend and recognize Marines of the Quarter at the ASYMCA Luncheon that was held at Copper Mountain College, he met with the Southern California Edison's Government Relations Manager, he threw out the first pitch at Opening Ceremonies for Little League and he attended the Easter Egg Hunt at Luckie Park.
CONSENT CALENDAR
5. Waive the Reading of Ordinance and Approve the Reading by Title Only.
6. Approval of Warrant Register Totaling $2,758,089.50
7. CEQA Cost Estimate.
RECOMMENDATION: The City Council accept the cost estimate to conduct an Environmental Impact Report.
8. CEQA Consultants List.
RECOMMENDATION: The City Council direct Staff to publish a Request for Qualifications for consultants to be placed on a list maintained by the City Staff, and available to the public.
9. High Crash Unsignalized Intersections Project.
RECOMMENDATION: The City Council:
1. Adopt the project design represented by the Plans and Specifications for the High Crash Unsignalized Intersections Project.
2. Award the contract for the “High Crash Unsignalized Intersections Project” to DBX Inx, for the amount of $372,635 and authorize a 10% contingency of $37,264, for a total contract amount of $409,899.
City Council - Regular Meeting with Closed Session
April 9, 2024
3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
10. Split Rock Avenue Bridge Project.
RECOMMENDATION: The City Council:
1. Adopt the design of the project represented by the attached Plans and Specifications for the Split Rock Avenue Bridge Project.
2. Authorize Staff to advertise a Request for Proposal for a Construction Management firm to provide construction management services.
3. Execute the agreement with the County Flood Control District.
ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Mintz to approve the Consent Calendar as submitted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mr. Kurt Kipler, Twentynine Palms, asked what the selection process was for item #7. How was Terra Nova selected? Community Development Director Gardner responded to Mr. Kipler's question.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.
PUBLIC HEARING- None.
DISCUSSION AND POTENTIAL ACTION ITEMS
11. Project Phoenix- Treatment System Improvements Continuation from March 26, 2024.
Councilmember Mintz recused himself due to a possible conflict of interest and left the Council Chambers at 6:33 p.m.
Interim City Manager Bowden presented the Staff Report.
Eileen Leslie, Twentynine Palms, spoke in opposition of the Project Phoenix Treatment System Improvements.
Interim City Manager Bowden mentioned that if we do not approve this project and proceed, the City will be responsible for paying for the whole project, which could be $2,000,000 or more.
Veno Nathraj, Twentynine Palms, had some questions relating to the Greens Development Purchase and Sale Agreement. Was the realtor involved mandated to find a potential buyer? Is there a connection between Greens Development Group and Greens Realty? He suggests that the City investigate the Purchase and Sale agreement before a decision is made.
ACTION: A motion was made by Councilmember Wright, seconded by Mayor Pro Tem Klink to:
1. Adopt the design of the project represented by the Plans and Specifications for the Project Phoenix – Treatment System Improvements;
City Council - Regular Meeting with Closed Session
April 9, 2024
2. Award a contract for the “Project Phoenix – Treatment System Improvements” to 316 Engineering & Construction, Inc. in the amount of $1,999,934 and authorize a Ten Percent (10%) Contingency in the amount of $199,993, for a total contract amount of $2,199,927;
3. Authorize the Interim City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Councilmember Mintz returned to the Council Chambers at 6:52 p.m.
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal banners throughout the City.
2. Discussion of moving the 29! sign.
3. General Plan Review.
4. Review of the Fee Waiver Policy.
5. Revisit funds that were allocated for the portable showers and the Navigation Center.
Councilmember Wright asked that the Environmental and Climate Justice grant be brought back to the next agenda for a vote. Councilmember Scott seconded the item.
PUBLIC COMMENTS
David Baker, Twentynine Palms, made complaints regarding the Water District.
Mark Clebda, Twentynine Palms, spoke regarding the potential development of Ofland in the Indian Cove area. He spoke against this development.
Anna Stump, Chair of the PAAC, asked the City Council to remove the Discussion of moving the 29! sign from the Future Council Initiated Agenda Items list and put the item on the agenda for discussion.
LeeAnn Clarke, Twentynine Palms Ministerial Association, thanked the community for all the support of their Holy Day Services. She mentioned the upcoming events: 73rd Annual National Day of Prayer on Thursday, May 2nd, and the Mayor's Prayer Breakfast on Tuesday, May 21st from 7:00 a.m. to 9:30 a.m. She thanked Interim City Manager Bowden for his service while the selection of a new City Manager took place.
Eileen Leslie, Twentynine Palms, spoke regarding the 29! sign. She commented that the City Council has already discussed this and decided that you did not want to move it. She is requesting that the discussion of the treatment plant at Freedom Plaza be brought back. There are some critical issues at hand for businesses in the area. She commented that it has come to the community's attention that there are many lawsuits against the City, and these should be settled. what is our law team doing?
April Ramirez, Twentynine Palms, commented about the City making national news last week with the arrest of a San Bernardino County Sheriff's deputy and she is wondering if the City is going to add any clauses or seeking any type of reparations from the Sheriff's Department.
Mayor Bilderain mentioned that Mr. Peter Bhakta sent an email for public comment to be read into the record. He commented that the email has been distributed to all Councilmembers and read.
City Council - Regular Meeting with Closed Session
April 9, 2024
CITY MANAGER UPDATE
Interim City Manager Bowden mentioned that an Emergency Planning event will take place at the Walmart parking lot on May 11th, Hilltoppers Motorcycle Races went great and was very successful, and the new sign for Joshua Tree National Park Headquarters is up at Freedom Plaza. He mentioned that the Park had over 5,000 visitors over the weekend.
ADJOURNMENT - Mayor Bilderain adjourned the meeting at 7:13 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer