CITY COUNCIL RECAP: JUNE 13
Planning Appointees, Film Permits, Luckie Park Pool and Sewer Fees (revisited)
As is our usual, we will recap the meetings agenda items but encourage our readers to view the agenda and view video. Just click on “video” on the agenda page.
The Invocation was given by Nick Foley of Set Free Church. Set Free Church congregations are affiliated with the Southern Baptist Convention (SBC).1 The SBC voted just this week to expel churches with female pastors and has a long track record of opposing LGBTQ+ marriage and relationships.
The Desert Trumpet has obtained a copy of the City’s “Administrative Policy on Prayers at Council Meetings,” which describes people volunteering to give invocations. The City’s current practice of delegating issuing invitations to the Ministerial Association, a local pastoral organization, appears to deviate from this policy.
City Manager Frank Luckino has informed the Desert Trumpet that invocations are scheduled three months in advance on average. A list of upcoming speakers has been requested.
In the meantime, the Desert Trumpet encourages residents to sign up to give an invocation at a future City Council meeting by emailing the City Clerk, Cindy Villescas, at cvillescas@29palms.org.
REGULAR ANNOUNCEMENTS
None
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
The Council made a presentation to CHP Explorer Post 870 for participation in the Cash for Trash and Recycling Program. Proclamations were read recognizing Juneteenth Independence Day and the month of June as LGBTQ+ Pride Month.
Mayor McArthur Wright presented the Juneteenth proclamation certificate to Carrie Williams, one of the co-founders of Women of Color Global 29, the group which organized the celebration last year and is again organizing a Juneteenth celebration this year on Saturday, June 17th at Knott’s Sky Park from 12-8pm.
CONSENT CALENDAR
Items #5, #7, #8, #10, #11, #12 and #13 were approved 5-0, with Councilman Daniel Mintz abstaining from #7, Approval of the Project Phoenix Warrant Register.
Item #6, Approval of the City Warrant Register totaling $3,328,747.64, was pulled from the Consent Calendar vote by Wright following public comment by Veno Narthaj. Narthaj requested an explanation of a check to American Express for $5000, which City Manager Frank Luckino explained was the citywide credit card used for City purchases. Narthaj further questioned three checks to NV5 totaling $48,616.47. Luckino explained that NV5 is a civil engineering firm working on the citywide sewer project. The rest of the consent calendar was approved 5-0.
Item #9, Completion of the Luckie Park Pool Project for a total cost of $4,884,904, was pulled by Council member Octavious Scott. Scott requested a brief on the project since it was just completed. This project had a total cost of $6.2M. This cost includes all soft costs such as engineering and construction management. The same construction manager was in charge of both Project Phoenix and Luckie Park Pool, but the contractors were different. Narthaj voiced concerns about the qualifications of the contractors and the process of approving those contractors’ qualifications. The payment was approved 4-0-1 with Councilman Scott abstaining. Contractors that had participated in the pool project are: Pro-Craft Construction, Inc, The Van Dyke Corporation, Masonry Concepts Inc, Bogh Engineering Inc, California Commercial Pools Inc, F.E.C. Engineering, Inland Building Construction Companies, Inc. Narthaj, during public comments at the end of the meeting, said he was going to file a PIR (Public Information Request) for the entire pool project.
PUBLIC HEARINGS
#14 and #15, Development Code Amendments for Temporary Use Permits and Film Permits
Community Development Director Keith Gardner presented on both items jointly. Film permits are being pulled out of the Temporary Use Permit part of the code. The changes to the code 19.34 - Temporary Use Permits and the addition of 19.35 - Film Permits were approved 5-0.
#16, Proposed 2 year Project Phoenix Fund Budget for FY 2023-24 & 2024-25 (34:33)
Council member Mintz recused himself from this item, explaining that he has had to recuse himself from Freedom Plaza/Project Phoenix matters since 2017, when he married his wife who has long owned a downtown business.
Finance Director Abigail Hernandez noted that now that Project Phoenix is largely completed, going forward the City is going to use the new “Freedom Plaza” moniker rather than “Project Phoenix."
This presentation also included Enterprise Fund Budget. Approved 4-0 with Mintz recusing.
#17, Proposed 2 year Special Funds Budget for FY 2023-24 & 2024-25
The Council approved the Special Funds Budget 5-0 with little discussion following Hernandez’s presentation.
Luckino and Hernandez explained that there are three types of local government budgets: general funds, special funds, and enterprise funds. Special funds are revenues which must be used for specific projects or purposes.
DISCUSSION AND POTENTIAL ACTION ITEMS
#18. City Manager’s Written Report and Intention to Levy Sewer Fees for FY 2023-24
After failing to recuse from this item at the last Council meeting, Mintz recused himself from this downtown-related item.
At the May 23rd meeting, the Council was less than impressed with City Manager Luckino’s proposal (affecting 19 downtown businesses) to add sewer charges permanently to the tax roll plus increase sewer rates by 4.6% based on the Cost of Living (COL) index. Council member Joel Klink requested a 2.6% increase and Council tabled the item, requesting an analysis supporting a lower increase.
This time around, Luckino proposed a 2.6% increase in these sewer fees and tried to show that they were in line with fees charged by nearby jurisdictions such as Yucca Valley (slide below), but again he met stiff resistance.
In public comments, Veno Narthaj argued that the sewer fees would exceed the water bill for many of the 19 businesses. Downtown business owner Eileen Leslie then contended that her sewer fees would exceed those for similar businesses in Los Angeles and questioned the City’s support for its small businesses.
Finally, Joel Klink proposed a motion to place a moratorium on the existing rates for two years but add the sewer fee assessment to the tax roll. The motion was tax-related so it required a supermajority of the voting members. In other words, it required approval by all four voting council members. This motion failed 3-1 with Councilman Scott opposed.
Per Luckino’s comments following this vote, the upshot is that these 19 businesses will now be billed monthly instead of being assessed for sewer on their property taxes and will receive no fee increase, leaving the City providing a substantial subsidy not unadjusted for COL.
#19. Planning Commission Appointments.
The appointment of two new Planning Commission members, Alex Garcia and Jessica Cure, was approved 3-2 with Klink and Wright opposed.
Mayor Pro Tem Bilderain and Council member Scott made up the appointee selection subcommittee, and briefly explained their choices — out of the 15 original applicants, Bilderain picked Cure and Scott picked Garcia.2
Commenters expressed doubts about the appointee selection process. Andrew Evans, one of the applicants, wrote a letter stating that “sidestepping the interview process of the other applicants was not handled properly, nor did it expose the full potential of the candidate pool,” requesting that appointments be tabled pending applicant interviews. Jonathan Hume questioned whether applicants without planning-related experience were suitable for appointment to nearly four year terms. Matt Hemmie, another applicant, expressed frustration with the process, saying “with 15 people applying and to not do an interview… [That’s] why you're already having to get new people, because you didn't do a great job of vetting the first time.”
Klink echoed these doubts, throwing Bilderain and Scott on the defensive. “I don’t know if I like the process of not having interviews,” said Klink, adding “I do not know these two people.”
“Since we didn't collaborate together we came in and have the same people,” said Bilderain, giving the impression there was minimal cooperation on the subcommittee.
Scott said “we gave exceptional consideration to everybody's application- there were individuals that just stood out this time,” and expressed a preference for candidates who show up, saying “many of the people that we've recommended are individuals who actually show up to Council meetings.”
It should be noted that at the January 10 Council meeting, it was decided that the full Council should review all Planning Commission applications with the subcommittee making the selections and referring them to Council for consideration.
Following the vote, both appointees introduced themselves. Said Jessica Cure, “The concern is the interview. Mine was really based on my background in planning, community development and zoning. I'm actually new to the City in the last year. I feel very confident that I can be a great part of this Planning Commission.”
Garcia stated, “I do my best to be a part of the community. All I can promise anybody is I'll do the very best that I can. I serve you guys. It's as simple as that to me.”
FUTURE COUNCIL INITIATED ITEMS
Klink suggested developing ways to encourage more hotel owners to allow the homeless to stay without fear of them claiming tenancy under state law.
Wright said, “I want to the City Manager to look into code of conduct for Council members.” Was this prompted by a short but testy exchange with Bilderain a few minutes prior following the Planning Commission appointment vote? It’s unclear.
PUBLIC COMMENTS
Joseph Carder - spoke about the wastewater plant
James (illegible) - Spoke on security in Luckie Park as people are being harrassed by a group of teenagers
Alice Lawson - Asked about being able to use washing machine water to water her trees and grass - Frank said he would follow up with her after the meeting
Cecil Edwards - opposition to Roundabout and traffic at Tamarisk and Hwy 62
Joseph Carder - Took a tour of the YV sewer plant. Asked the plant manager if people ever complained about the smell. He said “of course they do, it’s a sewer plant.”
Mary Jane Binge - Begged for help to deal with the homeless problem next to her property at 73911 29 Palms Highway.
Gary Williams - Asked if he builds a home does he have to have a garage or can he have a carport (Note this is on the June 20 Planning Commission agenda).
CITY MANAGER UPDATE
Luckino thanked City accounting staff for their hard work preparing this year’s budget, noted the current $30B state budget deficit and that this might impact 29, and congratulated the two new Planning Commissioners.
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“It’s All About the Gospel at Set Free Sanger,” May 10, 2022, article about Set Free Church on the California Southern Baptist Convention website. “Set Free churches originated in the 80’s to focus on being a haven for bikers, black sheep and recovering drug addicts seeking to be “set-free” from the challenges of life.”
The original version of this article stated that Community Development Director Keith Gardner was also on the Planning Commission appointment subcommittee. This was initially reported in our January 10 City Council meeting recap based on notes taken by reporters at the meeting and by review of video from the meeting starting at 1:44:52. Planning Commissioner Gardner pointed out the error on June 17, which we confirmed by reviewing minutes of the meeting not available at the time of publication.