Needles, CA: Summary and voting results from the Needles City Council and Needles Public Utility Authority Meeting.

Needles, CA: Summary and voting results from the Needles City Council and Needles Public Utility Authority Meeting.

A Needles City Council and Needles Public Utility Authority Meeting was held on Tuesday, January 8th, 2019 inside the Needles City Council Chambers in Needles, California.

The Needles City Council and Needles Public Utility Authority Meeting was broadcast live and recorded at ZachNews on Facebook.

** Please Note: Needles City Council Members Shawn Gudmundson, Timothy Terral, Clayton Hazlewood, Needles Vice Mayor Edward T. Paget M.D., Tona Belt, Zachery Longacre and Needles City Mayor Jeff Williams were all present. **

** Here is a summary and the voting results that occurred during the meeting: **

**** Executive Session: ****

  • Agenda Item A:

Conference with real property negotiators pursuant to Government Code $54956.8: Agency negotiator City Manager Rick Daniels or his designee. Negotiating Parties are the City of Needles as the potential seller, and Mr. Travis Phillips as the potential buyer of the property described as generally located on the South side of San Clemente Street next to the Rodeo Grounds, APN’s 0185-351-11. Under negotiation are the price and terms for the sale of the property.

  • Agenda Item B:

Conference with legal counsel — potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4). (One potential case).

 

**** Needles City Attorney Report on Executive Session: ****

  • Agenda Item A:

Needles City Attorney reports that there was no reportable action taken.

  • Agenda Item B:

Needles City Attorney reports that there was reportable action taken. This Executive Session agenda item is regarding rather or not to initiate termination proceedings against OPG (Ontana Planet Green). Members of the Needles City Council unanimously vote to authorized the Needles City Attorney and City of Needles staff to begin initiation proceedings against OPG (Ontana Planet Green) to terminate their license. Needles City Council Member Longacre excused himself from this Executive Session agenda item.

 

**** Public Appearances: ****

A representative from the Mental Health Systems Needles Center For Change regarding the upcoming Health and Wellness One Mile Walk on Saturday, January 12th, 2019 in Downtown Needles, California.

** More Information regarding the Mental Health Systems Needles Center For Change’s Health and Wellness One Mile Walk: **

https://zachnews.net/2019/01/07/downtown-needles-ca-come-to-the-mental-health-systems-needles-center-for-changes-health-and-wellness-one-mile-walk-on-saturday/

 

A resident spoke about traffic control issues at the intersections of Needles Highway at West Broadway and Needles Highway at North K Street in Needles, California as well as concerns regarding marijuana in the community of Needles, California.

 

**** Presentations: ****

Agenda Item #1:

Mayor Williams will present a token of appreciation from the Mojave Desert & Mountain Integrated Waste JPA to former Councilmember Darcy.

Needles City Mayor Jeff Williams presented a token of appreciation from the Mojave Desert & Mountain Integrated Waste JPA to former Needles City Council Member Tom Darcy.

 

**** Interviews: ****

Agenda Item #2:

Interviews and possible appointments to various Boards and Commissions.

** Background: The following is the Boards and Commissions that are vacancies and the applicants who applied for those Boards and Commissions vacancies: **

Needles Board of Public Utilities: Phil Le Jeune has reapplied. There are two vacancies.)

Needles Planning Commission: Janet Jernigan and Bob Rath have reapplied; new applicants are Barbara L. Beard, Gerald M. Telles and Michael Wright. There are two vacancies.)

Needles Park and Recreation Commission: Casey J. Pletcher has reapplied. (There is one vacancy.)

Needles Cemetery Advisory Commission: Wilma Baldwin has reapplied. (There are three vacancies.)

Needles Housing Authority (At-Large Vacancy): Tamera Kissell and Sharon Hartley have reapplied. (There are two vacancies.)

Needles Housing Authority (Tenant Vacancy): Jacqueline Lykins has reapplied; new applicant Stella Broadbeck (There are two vacancies.)

 

Members of the Needles City Council unanimously voted to appointed Phil Le Jeune to the Needles Board of Public Utilities.

Members of the Needles City Council unanimously voted 4-2 to appointed Barbara L. Beard (Pictured Above On Left) to the Needles Planning Commission. Needles City Council Members Shawn Gudmundson and Tona Belt voted “No” on this appointment. Needles City Council Member Zachery Longacre excused himself from this portion of the agenda item due to prior employment in cannabis and some applicants work in cannabis.

Members of the Needles City Council unanimously voted 3-2 to appointed Bob Rath to the Needles Planning Commission. Needles City Council Members Timothy Terral and Clayton Hazlewood voted “No” on this appointment well Needles City Council Member Zachery Longacre excused himself from this portion of the agenda item due to prior employment in cannabis and some applicants work in cannabis.

Members of the Needles City Council unanimously voted to appointed Casey J. Pletcher to the Needles Park and Recreation Commission.

Members of the Needles City Council unanimously voted to appointed Wilma Baldwin and Jon McNeil to the Needles Cemetery Advisory Commission. Jon McNeil (Pictured Above Sitting) volunteered to be on the Needles Cemetery Advisory Commission after a Needles City Council member asked the public if anybody wanted to join on the Needles Cemetery Advisory Commission so to fill any of the remaining vacancies.

Members of the Needles City Council unanimously voted to appointed Tamera Kissell and Sharon Hartley to the Needles Housing Authority (At-Large Vacancy).

Members of the Needles City Council unanimously voted to appointed Jacqueline Lykins and Stella Broadbeck to the Needles Housing Authority (Tenant Vacancy).

 

**** Recess The Needles City Council Meeting And Convene A Joint Needles City Council / Needles Public Utility Authority Meeting: ****

**** Needles City Council / Needles Public Utility Authority Consent Calendar: ****

All matters listed on the Consent Calendar are Considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the Needles City Council / Needles Public Utility Authority may pull an item from the Consent Calendar for discussion. Prior to Needles City Council / Needles Public Utility Authority action, a member of the public may address the Needles City Council / Needles Public Utility Authority on matters Scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve items #3 through #4 on the Consent Calendar by affirmative roll call vote.

  • Agenda Item #3:
  • Needles Public Utility Authority:

Approve the minutes of January 9, January 23, February 13, February 27, March 13, March 27, April 10, April 24, May 8 and May 29 and June 12, 2018.

  • Agenda Item #4:
  • Needles City Council / Needles Public Utility Authority:

SB 998, Water Shut Off Protection Act imposing new restrictions on residential water service discontinuation when customers are delinquent

Members of the Needles City Council / Needles Public Utility Authority voted 5-2 to approve agenda item #3 on the Consent Calendar. Needles City Council Members Timothy Terral and Zachery Longacre “abstain” themselves from this agenda item. 

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve agenda item #4 on the Consent Calendar. 

 

**** Joint Needles City Council / Needles Public Utility Authority Regular Items: ****

  • Agenda Item #5:
  • Needles City Council / Needles Public Utility Authority:

Authorize staff to proceed with the completion of the Lily Hill Water Booster Electric Panel Replacement Project and increase project budget from $139,206 to $146,078, an additional $6,871, from the Water Asset Replacement Fund.

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve to authorize staff to proceed with completion of electric panel replacement project at the Lilyhill water booster station; increase budget from $139,206 to $146,078 to be paid from the water asset replacement fund.

 

  • Agenda Item #6:
  • Needles City Council / Needles Public Utility Authority:

Authorize those interested to attend the Lower Colorado River Tour February 27 – March 1, 2019 at a cost of $865 per attendee to be covered by the council travel per diem account.

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve to authorize Needles City Council Member Tona Belt and Needles City Council Member Timothy Terral to attend a Lower Colorado River tour being held from Wednesday, February 27th, 2019 to Friday, March 1st, 2019. Cost of $865 each to be covered by the council travel per diem account.

 

  • Agenda Item #7:
  • Needles City Council / Needles Public Utility Authority:

Approve Amendment No. 1 to the final agreement with Medical Investor Holdings LLC for Building 2 (Suites A, C and E) located at 3247 Needles Highway, APN 0660 091-09.

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve Amendment 1 to a final agreement with Medical Investor Holdings LLC for Building 2, Suites A, C and E at 3247 Needles Highway. Needles City Council Member Longacre excused himself from this agenda item.

 

**** Adjourn Needles Public Utility Authority / Needles City Council and Reconvene Needles City Council: ****

**** Needles City Council Consent Calendar: ****

All matters listed on the Consent Calendar are Considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the Needles City Council may pull an item from the Consent Calendar for discussion. Prior to Needles City Council action, a member of the public may address the Needles City Council on matters Scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve items #8 through #14 on the Consent Calendar by affirmative roll call vote.

  • Agenda Item #8:

Approve the warrants register through January 8, 2019.

  • Agenda Item #9:

Approve the minutes of the meetings held on April 10, April 24, May 8, May 22, May 29, June 12 and June 26, 2018.

  • Agenda Item #10:

Waive the reading and adopt Ordinance No. 610-AC amending sections of Chapter 13-63 of the Needles Municipal Code (NMC), repealing and rescinding Ordinance 532-AC and adding “no parking” on portions of the north and south sides of Ice Plant Road beginning at East Broadway and extending easterly to its terminus (2nd reading – adopt).

  • Agenda Item #11:

Accept Change Order #4 in the amount of $12,000 and the completion of the work by Western Construction Specialists for a total project amount of $484,000 for the ATP Curb, Gutter Sidewalk Project and authorize staff to issue a Notice of Completion and record with the San Bernardino County Recorder’s Office.

  • Agenda Item #12:

Waive the reading and adopt Resolution No. 2019-1 confirming and adopting an itemized statement of cost for abatement of property located at 521 Quivera, APN 0186-157-08 and file said resolution with the San Bernardino County Recorder’s Office placing a lien on the property.

  • Agenda Item #13:

Approve the Release of the Compliance Agreement to correct City Code Violations on the property located at 701 W Broadway (The Burger Hut), APN 0186-107-14.

  • Agenda Item #14:

Authorize the Mayor to execute the “National Mentoring Month” proclamation as requested by the San Bernardino County Children’s Network and Mentoring Task Force.

Members of the Needles City Council unanimously voted to approve agenda items #8, #10, #11, #12, #13, and #14 on the Consent Calendar.

Members of the Needles City Council voted 4-2 to approve agenda item #9 on the Consent Calendar. Needles City Council Members Timothy Terral and Zachery Longacre “abstain” themselves from this agenda item. 

 

**** Needles City Council Regular Items: ****

  • Agenda Item #15:

Authorize staff to begin the Proposition 218 process for implementation of the recommended solid waste and recycling handling services.

Members of the Needles City Council has a long discussion with representatives from Allied, dba Republic Waste Services, regarding Notice of Proposition 218 Public Hearing Concerning Proposed Increases in Rates for City Solid Waste and Recycling Handling Services.

Background: Allied, dba Republic Waste Services, has served the City by exclusive franchise since August 6, 1992. Through Allied, the City provides a range of solid waste and recycling handling services. The fees charged by Allied include the costs for collection, transportation and handling of solid waste and construction debris for commercial, industrial and residential properties within the City limits. Allied additionally provides for collection, transportation and handling of recyclable materials at no charge. However, due to increased costs, including a state mandate that the City establish a mandatory recycling program for all commercial accounts, those fees need to be increased. The City’s legal mandate is to provide refuse removal services in compliance with local, state and federal laws and regulations. The City’s goal is to meet all legal requirements while providing dependable and high-quality service to our customers. The City contracts with Allied to provide that service. Allied’s exclusive franchise with the City for solid waste and recycling handling services expired on January 2, 2019. On June 26, 2018 the City Council directed the City Manager to negotiate an extension of the franchise agreement. The City thereafter evaluated Allied’s proposal to meet the City’s service needs, requirements of state mandated programs; and operational costs of providing refuse and recycling services to City customers. Based on negotiations between Allied and the City, the parties have determined that it is necessary to extend the franchise and to increase the City’s refuse rates to support the added City service obligations, state-mandated diversion requirements, and increase in recycling processing costs due to dramatic shifts in recycling commodities. To pay for the added costs of providing services, the proposed rates for residential and commercial recycling are identified below: The following are the proposed new monthly rates for Commercial Recyclable Material service:

The proposed new rate for residential recycle carts is $2.00/month. In addition, all current and new solid waste and recycling handling service rates shall be subject to an annual rate adjustment. Specifically, an annual rate adjustment will take effect on January 1st of each year, commencing in 2020, in an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers ( Water, Sewer and Trash Collection Services) U.S. City Average, as published by the United States Department of Labor, Bureau of Statistics (the “CPI”). For the CPI calculation, rates will be adjusted using the period of Nov 1st to Oct 31st. The draft agreement is reflected in Ordinance No. 481 titled “An Ordinance of the City Council of the City of Needles, California Approving An Exclusive Franchise Agreement Between the City of Needles and Allied Waste Transportation, Inc. for Collection and Handling of Solid Waste” dated June 8, 2006, and as amended by Ordinance Nos. 531 AC (First Amendment), 601-AC (Second Amendment), 605-AC (Third Amendment), and the most recent proposed Fourth Amendment as prepared by City Staff and Allied. A copy of the Fourth Amendment is attached hereto as Exhibit “A.”

Fiscal Impact: An increase in the cost of Commercial and Residential Recycling is necessary for the viability of these services. As an enterprise fund, the Sanitation Department is a self-supporting enterprise that sells services to the public for a fee. The cost of maintaining these services is wholly sustained by fees it generates from its users.

Recommended Action: Authorize staff to begin the Proposition 218 process for implementation of the recommended solid waste and recycling handling services.

Members of the Needles City Council voted 5-1 to approve to authorize staff to begin Proposition 218 process for implementation of recommended solid waste and recycling handling services. Needles City Council Members Timothy Terral and Clayton Hazlewood voted “No” on this agenda item.

 

  • Agenda Item #16:

Discussion regarding Jack Smith Memorial Park four hour parking limit.

Members of the Needles City Council unanimously voted to approve to start the process to rescind a four hour limit in the free parking area, but forbid overnight use of that area at Jack Smith Memorial Park.

 

  • Agenda Item #17:

Agreement to issue MSB Facilities, Inc. a Temporary Certificate of Occupancy for the building located at 1105 Lillyhill Drive, APN 0186-191-50 and 0186-191-53.

Members of the Needles City Council voted 5-1 to approve the agreement to issue MSB Facilities, Inc. a Temporary Certificate of Occupancy for the building located at 1105 Lillyhill Drive, APN 0186-191-50 and 0186-191-53. Needles City Council Member Zachery Longacre “abstain” himself from this agenda item.

 

  • Agenda Item #18:

Budget and school board impact fee ad hoc committee vacancies.

Members of the Needles City Council unanimously voted to approve to appoint Needles City Council Member Timothy Terral to the budget committee and Needles City Council Member Shawn Gudmundson to the school board impact fee ad hoc committee.

 

  • Agenda Item #19:

Resolution Number 2019-2 appointing Council Members as primary and alternate representatives to the Mojave Desert Air Quality Management District (MDAQMD).

Members of the Needles City Council unanimously voted to approve Resolution 2019-2 appointing Needles City Mayor Jeff Williams as primary and Needles Vice City Edward T. Paget M.D. as alternate representatives to the Mojave Desert Air Quality Management District.

 

  • Agenda Item #20:

Resolution Number 2019-3 appointing Council Members as delegate and alternate to the Southern California Association of Governments (SCAG).

Members of the Needles City Council unanimously voted to approve Resolution 2019-3 appointing Needles City Mayor Jeff Williams as delegate and Needles Vice City Edward T. Paget M.D. as alternate to the Southern California Association of Governments.

 

  • Agenda Item #21:

Resolution Number 2019-4 appointing a representative and alternate to San Bernardino County Transportation Authority (SBCTA).

Members of the Needles City Council unanimously voted to approve Resolution 2019-4 appointing Needles City Mayor Jeff Williams as representative and Needles Vice City Edward T. Paget M.D. as alternate to the San Bernardino County Transportation Authority.

 

  • Agenda Item #22:

Resolution Number 2019-5 appointing a Director and alternates to the California Joint Powers Insurance Authority (CJPIA).

Members of the Needles City Council unanimously voted to approve Resolution 2019-5, appointing Needles City Council Member Tona Belt as director, Needles Vice City Edward T. Paget M.D. and Needles City Manager Rick Daniels as alternate to the California Joint Powers Insurance Authority.

 

  • Agenda Item #23:

Resolution Number 2019-6 appointing a primary and alternate representative to the Mojave Desert & Mountain Integrated Waste Joint Powers Authority Board who will also serve on the Solid Waste Advisory Task-Force (SWAT).

Members of the Needles City Council unanimously voted to approve Resolution 2019-6, appointing Needles City Council Member Shawn Gudmundson as primary, former Needles City Council Member Louise Evans as alternate representative to the Mojave Desert and Mountain Integrated Waste Join Powers Authority Board; they will also serve on the Solid Waste Advisory Task Force.

 

  • Agenda Item #24:

Authorize attendance in the International Conference of Shopping Centers (ICSC) RECON Conference at the Las Vegas Convention Center, May 19-22, 2019 using funds from the city council travel per diem account.

Members of the Needles City Council unanimously voted to authorize Needles City Mayor Jeff Williams, Needles City Council Member Shawn Gudmundson and Needles City Council Member Timothy Terral to attend the International Conference of Shopping Centers RECON conference at the Las Vegas Convention Center in Las Vegas, Nevada being held from Sunday, May 19th, 2019 to Wednesday, May 22nd, 2019, using funds from the city council travel per diem account.

 

**** Needles City Attorney’s Report: ****

Needles City Attorney John Pinkney:

 

**** Needles City Manager’s Report: ****

Needles City Manager Rick Daniels:

 

**** Needles City Council Requests: ****

Needles City Council Member Shawn Gudmundson:

Needles City Council Member Timothy Terral:

Needles City Council Member Clayton Hazlewood:

Needles Vice City Edward T. Paget M.D.:

Needles City Council Member Tona Belt:

Needles City Council Member Zachery Longacre:

Needles City Mayor Jeff Williams:

 

For more information regarding the Needles City Council Meetings, please contact Dale Jones in the City Clerk’s Office at the City of Needles at: 1 (760) 326-2113 Ext. 345.

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