RECAP: Twentynine Palms City Council, April 9, 2024
RECAP: Twentynine Palms City Council, April 9, 2024
Council approves $2.2 million wastewater contract, hears audacious climate justice proposal
The Council on April 9 weighed the pros and cons of a $2.2 million wastewater contract, ultimately approved it, and listened to a bold climate justice proposal for the City. The agenda packet and the video can be viewed here, and our agenda preview is here.
AWARDS AND PRESENTATIONS
4. Environmental and Climate Justice Community Change Grant Presentation by WOCG (Women Of Color Global)
Nancy Black, Project Manager at WOCG, presented an ambitious proposal inviting the City to partner with WOCG and other organizations to go after an Environmental and Climate Justice Community federal grant from the Environmental Protection Agency (EPA).
This $10 million grant, which has none of the usual cost-sharing requirements, would fund construction of a new, solar-powered Climate Emergency Resiliency Center on a City-owned vacant parcel at Freedom Plaza and Tumbleweed. Inside would be a cooling/heating center to help disadvantaged residents escape extreme weather events, an emergency kitchen, and classroom space where instruction on healthy foods and nutrition would be offered.
In addition, the grant would fund purchase of two large, battery-powered "Mobile Climate Emergency Resiliency Center" vans. These would provide mobile food, water, and cooling during emergency weather events, but at all other times they would function as mobile food pantries for the disadvantaged.
Finally, the grant would fund construction of an adjacent or nearby community garden, part of which would be indoors and solar-powered to provide climate resilience.
Black said the EPA is providing WOCG with grant-writing assistance and advised that "an EPA technical assistance team is already planning a visit to the City in order to do a site observation if [the Council is] in agreement." Councilman Octavious Scott thanked Black along with WOCG and assured them of his support.
CONSENT CALENDAR
The Council removed no items from the consent calendar and voted for it unanimously. Items on this calendar included a $2.8 million warrant register, the $8.3 million Split Rock Avenue Bridge Project, and the $409,899 High Crash Unsignalized Intersections Project.
Resident Kurt Keppeler inquired about consent calendar item 7, CEQA Cost Estimate, asking who chose Terra Nova Consulting to perform CEQA analysis for the E-Group solar project, the developer or the City? Community Development Director Keith Gardner replied that the City, not the developer, chose them, and that the City selected Terra Nova because it is a firm that already performs much similar analysis work for the City.
DISCUSSION AND POTENTIAL ACTION ITEMS
11. Project Phoenix - Treatment System Improvements Continuation from March 26, 2024
Council approved awarding a $2.2 million contract to 316 Engineering to construct a packaged wastewater treatment plant using the existing septic tank as a holding tank to increase capacity of the system to serve 18 downtown businesses and a prospective 95-room hotel.
Councilman Daniel Mintz excused himself for this item as his wife owns a potentially affected business.
Interim City Manager Larry Bowden kicked off discussion by noting pointedly that this was Council's second debate over whether or not to sign this contract. Addressing one of Council's previous questions, Bowden said he'd verified that this project is still covered by the existing CEQA mitigated negative declaration from 2019. Finally, he reiterated that 316 Engineering had agreed to extend the contract until April 30.
Bowden cautioned the Council that if it refused to approve the contract — or delayed action on it by putting the contract out for re-bid — the City risks losing substantial EDA (United States Department of Commerce, Economic Development Administration) grant money. Additionally, echoing comment from TPWD (Twentynine Palms Water District) Manager Matt Shragge at the March 26 Council meeting, Bowden pointed out that the City risks running afoul of State Water Resources Board regulations. Said Bowden about this contract, "It's all been set up in the past, it's already decided on. We're just here to see whether we award it to 316."
Restaurateur Eileen Leslie, who owns two of the 18 downtown businesses impacted by this project, expressed opposition to the project. She worried that future maintenance costs were unaccounted for, expressed concern about "health ramifications and smells," and suggested the Council discuss "whether or not we should be going ahead with [this] project, regardless of what the EDA or [what] the future ramifications may be for the State Water Resources Board."
Bowden, addressing the Council regarding these objections, argued that even if the City undertook a fresh rate study, it would arrive at approximately the same user-facing rates as today. He added that the City already subsidizes Project Phoenix wastewater by $40,000 yearly and has already committed to continuing this subsidy for 25 years. He concluded by warning that if the Council didn't approve this contract, the City would likely be on the hook for paying an unsubsidized $2.2 million from its general fund to construct the plant in any case.
Also said Bowden, “We talked with the Greens [Green Real Estate Group]. They still plan to put [the hotel] in.”
Scott said, "this seems to be a different situation than the city-wide sewer system. Basically, if we don't do this, we will be mandated by the state."
Local hotel owner Veno Nathraj weighed in, saying he'd reviewed the purchase and sale agreement between the City and Green Real Estate Group, the prospective 95-room hotel developer. Casting himself as an advocate for the little guy, Nathraj argued that the City has no obligation to build a treatment plant for the hotel, that the hotel ought to build its own treatment plant: "We should investigate this [agreement] before doing this billion-dollar company a favor on the backs of small business people."
At the March 26 meeting the Council deferred this item pending unresolved questions about CEQA status, whether the hotel builder was still planning to proceed with construction, and whether the City was obliged to provide wastewater treatment to the hotel builder. At this juncture at least the first two out of these three questions appeared to be answered to Council’s liking.
In the end, weighing the remaining objections against the threat of state action and possible loss of grant funding, the Council went ahead and approved the contract.
FUTURE COUNCIL INITIATED ITEMS
Councilman McArthur Wright proposed adding to the next Council agenda discussion of the City partnering with WOCG and other organizations on the Environmental and Climate Justice Community Change grant presented tonight, and Scott seconded.
PUBLIC COMMENTS
David Baker asked Council for help with a dispute he's having with TPWD. He complained that TPWD refused to reestablish water service for a property's current tenant after a previous tenant attempted to bypass the water meter. Bowden advised Baker to speak with him after the meeting.
Indian Cove resident Mark Chlebda expressed his opposition to the 130-cabin resort developer Ofland (formerly Yonder) is proposing to build in his neighborhood, due to concerns about placement and density. "One hundred thirty hotel rooms strewn about on the front porch of a national treasure would be kind of a bummer."
Anna Stump, PAAC (Public Arts Advisory Committee) Chair, requested action from the Council on the 29! sculpture. She reminded Council that both the PAAC and Planning Commission have recommended relocating the sculpture to Freedom Plaza, and the TBID has allocated $5,000 toward its refurbishment. Finally, she reminded Council about agreement from the artist himself, saying "Chuck Caplinger, who's not getting any younger, is very anxious to have something done about the sculpture."
LeeAnn Clarke, Secretary of the 29 Palms Ministerial Association, thanked the Council for various things including the recent Easter sunrise service held at Freedom Plaza, and said the next Mayor's Prayer Breakfast will be on Tuesday, May 21.
Eileen Leslie opined that she wants to see far more art, including the 29! sculpture, at Freedom Plaza; asked that the Council "truly discuss" the Project Phoenix water treatment plan at a future meeting, saying water treatment will soon cost her $1,500 per month; and questioned whether the Council was getting legal advice that was both good and a good value for what it costs the City.
April Ramirez asked whether the Council was going to request any kind of "reparations" from the San Bernardino County Sheriff Department for incidents such as the recent arrest of a local Sheriff deputy suspected of weapon and gang membership violations.
CITY MANAGER UPDATE
Larry Bowden advised the City will be meeting with the Red Cross on emergency preparedness, with a focus on flash flood education. He said the new National Park sign is now up at the Joshua Tree National Park Visitor Center at Freedom Plaza, and the Visitor Center has been extremely popular, hosting more than 4,000 visitors every March weekend this year.
The City Council meets the second and fourth Tuesday each month at 6 p.m.
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