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

By: Zachary Lopez (ZachNews):

Source: Dale Jone, City Clerk with the City of Needles (Information):

Needles, California: The Needles City Council and Needles Public Utility Authority held a meeting inside the Needles City Council Chambers on Tuesday, October 13th, 2020.

The Needles City Council and Needles Public Utility Authority Meeting was broadcast live at ZachNews on Facebook and was shared onto ZachNews website and Twitter.

*** Important Notice: ***

The Needles City Council is continuing to hold meetings pursuant to the provisions of the Governor’s Executive Order N-29-20 which suspends certain requirements of the Ralph M. Brown Act.

As a result of the Executive Order to stay at home, in person participation at the City Council meetings is not allowed at this time and the Council Chambers are not open to the public.

The public were able to attended tonight’s meeting of the Needles City Council and Needles Public Utility Authority via Zoom.

Needles City Council Members Shawn Gudmundson, Timothy Terral, Tona Belt and Needles City Mayor Jeff Williams were all present inside the chamber well Needles Vice Mayor Edward T. Paget M.D. and Louise Evans were present via teleconference or Zoom, and Needles City Council Member Zachery Longacre was given an excuse absence from the meeting.

Needles City Manager Rick Daniels as well as Needles City Clerk Dale Jones were also present inside the chamber well Needles City Attorney John Pinkney was present via teleconference or Zoom.

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

*** Executive Session: ***

– Agenda Item A:

Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(d)(2) and/or (3) – one potential case.

– Agenda Item B:

Conference with legal counsel regarding pending/anticipated litigation pursuant to Government Code Section 54956.9(d)(1) and/or (2) and/or (3). (One matter: Worker’s Compensation Claim No.: CJP041698NL)

– Agenda Item C:

Conference with Legal Counsel regarding pending litigation pursuant to Government Code Section 54956.9(d)(1): One matter: City of Needles v. Bob Page, Case number CIV DS 2013848.

– Agenda Item D:

Conference with legal Counsel regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). (one potential matter).

– Agenda Item E:

Conference with real property negotiator 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 DJ Huffman, Golden Valley Cable, as the potential buyer of the property described as a 100′ X 342′ parcel located behind 1315 to 1355 Lillyhill Drive, a portion of APN 0185-233-55. Under negotiations are the price and terms.

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

– Agenda Item A:

Needles City Attorney John Pinkney said this regards to correspondence that were received by Ruth Musser-Lopez alleging a Brown Act violation. There was no reportable action.

– Agenda Item B:

Needles City Attorney John Pinkney said there was no reportable action.

– Agenda Item C:

Needles City Attorney John Pinkney said he recused himself from this agenda item because in that matter the city was named that the abnormally named Register are Voters of San Bernardino County with another lawyer with his firm which represented the county on a completely unrelated matter so for that reason he recused myself so couldn’t advise if there was or wasn’t any reportable action taken on this agenda item, and was not present for this agenda item.

Needles City Manager Rick Daniels reported on this agenda item out from executive session, saying that there was no reportable action taken on that matter.

– Agenda Item D:

Needles City Attorney John Pinkney said this relates to cannabis grow operation at 1928 DeSoto Street, so there was potential initiation of litigation; there was reportable action taken on this agenda item in closed session. There was a first by a first by Needles City Council Member Shawn Gudmundson and a second by Needles City Council Member Timothy Terral to initiate a code enforcement action related to that cannabis grow operation.

As a reminder, Needles City Attorney John Pinkney said there was a no vote by Needles City Mayor Jeff Williams because he can only vote to break a tie.

Regarding actual votes taken on this matter; Needles City Attorney John Pinkney said there was a “No” vote by Needles City Vice Mayor Edward T. Paget, there was a ,”Yes” vote by Needles City Council Member Timothy Terral, Needles City Council Member Louise Evans voted “No”, Needles City Council Member Tona Belt voted “Yes”, and Needles City Council Member Shawn Gudmundson voted “Yes”.

– Agenda Item E:

Needles City Council Member Timothy Terrell recused himself from this agenda item because his employed by Golden Valley Cable and Communications, and was not present for this agenda item.

Patrick Martinez with the City of Needles also recused himself as well from this agenda item because the property mentioned in this agenda is located near his property, and was not present for this agenda item.

Needles City Attorney John Pinkney said there was no reportable action.

*** Approval of the Agenda: ***

CC-00-101320-AGENDA

Members of the Needles City Council unanimously voted to approve the agenda, with changes of removing from the agenda items #2 and #23; they will be rescheduled.

*** Public Appearance: ***

Ruth Musser-Lopez spoke during Public Appearance.

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

*** Presentation: ***

– Agenda Item #1:

Representatives from the Needles Chamber of Commerce to update the status of the California Welcome Center and the El Garces location.

*** Agenda Item Packet: ***

CC-01-101320-CHAMBER PART 1

CC-01-101320-CHAMBER PART 2

This was only an “Information Only” item and and members of the Needles City Council cannot take a formal action on this agenda item until it’s brought back to you as an “Action” item.

Members of the Needles City Council voted unanimously to place this item on the next agenda for future discussion to go for an Request For Proposal (RFP).

– Agenda Item #2:

Gerald Telles, local business owner and real estate broker, to give his evaluation and snapshot of the local cannabis industry. Will ask the council to consider actions to create incentives to allow the local industry to expand rather than to stagnate.

*** Agenda Item Packet: ***

This agenda item was removed from tonight’s agenda, and will be rescheduled.

*** Public Hearing: ***

– Agenda Item #3:

Public hearing noticed to consider all evidence and testimony for or against a Conditional Use Permit for a new 2,226 sq. ft. combination cannabis dispensary / cannabis consumption lounge in the C-2 General Commercial Zone located at 2205 Needles Highway, APN 0185-267-11; Applicant Aaron Barnes.

Resolution No. 2020-61 approving a Conditional Use Permit for a Combination Cannabis Retail Business and Consumption Lounge in the C-2 General Commercial Zone located at 2205 Needles Highway, Suite 101, APN 0185-267-11.

*** Agenda Item Packet: ***

CC-03-101320-CANNABIS DISPENSARY CONSUMPTION

CC-03-101320-PART (5)

CC-03-101320-PART (4)

CC-03-101320-PART (3)

Members of the Needles City Council voted 4-1 to approve Resolution No. 2020-61 approving a Conditional Use Permit for a Combination Cannabis Retail Business and Consumption Lounge in the C-2 General Commercial Zone located at 2205 Needles Highway, Suite 101, APN 0185-267-11.

Needles Vice Mayor Edward T. Paget M.D. voted ”No” on this agenda item.

– Agenda Item #4:

Public hearing noticed to consider all evidence and testimony for or against a Conditional Use Permit for a 624 sq. ft. Cannabis Distribution Facility in the C-2 General Commercial Zone located at 2205 Needles Highway, APN 0185-267-11; Applicant Aaron Barnes.

Resolution No. 2020-62 approving a Conditional Use Permit for a Cannabis Distribution Facility, Suite 100, located at 2205 Needles Highway, APN 0185-267-11.

*** Agenda Item Packet: ***

CC-04-101320-CANNABIS DISTRIBUTION

CC-04-101320-PART (2)

CC-04-101320-PART (4)

CC-04-101320-PART (3)

Members of the Needles City Council voted unanimously to approve Resolution No. 2020-62 approving a Conditional Use Permit for a Cannabis Distribution Facility, Suite 100, located at 2205 Needles Highway, APN 0185-267-11.

*** Recess the Needles City Council and Convene A Joint Needles City Council / Needles Public Utility Authority Meeting: ***

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

Authorize a onetime transfer of $200,000 to the Water Capital Improvement Fund effective November 1, 2020 from General Fund Reserves.

*** Agenda Item Packet: ***

CC-05-101320-WATER CAPITAL IMPROVEMENT

Members of the Needles City Council / Needles Public Utility Authority voted unanimously to authorize a onetime transfer of $200,000 to the Water Capital Improvement Fund effective November 1, 2020 from General Fund Reserves.

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

Public hearing noticed to consider all evidence and testimony for or against a proposed increase in water rates for water services.

Staff Report PowerPoint Presentation

Council Questions of Staff

Mayor to open the public hearing

Public Comment

Mayor to close the public hearing

City Clerk will announce the final number of written protests received under Prop 218 and whether a majority protest exists

Council Discussion / Deliberation

NPUA ACTION: Resolution No. 10-13-2020-1-NPUA approving rates for water service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of water rates.

COUNCIL ACTION: Resolution No. 2020-66 approving rates for water service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of water rates.

*** Agenda Item Packet: ***

CC-06-101320-WATER RATES

Members of the Needles Public Utility Authority voted unanimously to approve Resolution No. 10-13-2020-1-NPUA approving rates for water service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of water rates.

Members of the Needles City Council voted unanimously to approve Resolution No. 2020-66 approving rates for water service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of water rates.

Correction Note: There was mention about the water line break near the bridge that links Lillyhill Drive and D Street. The main line break occurred in January 2020, not last year in 2019.

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

Public hearing noticed to consider all evidence and testimony for or against a proposed increase in wastewater rates for wastewater services.

Staff Report PowerPoint Presentation

Council Questions of Staff

Mayor to open the public hearing

Public Comment

Mayor to close the public hearing

City Clerk will announce the final number of written protests received under Prop 218 and whether a majority protest exists

Council Discussion / Deliberation

NPUA ACTION: Resolution No. 10-13-2020-2-NPUA approving rates for wastewater service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of wastewater rates.

COUNCIL ACTION: Resolution No. 2020-67 approving rates for wastewater service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of wastewater rates.

*** Agenda Item Packet: ***

CC-07-101320-WASTEWATER RATES

Members of the Needles Public Utility Authority voted 5-1 to approve Resolution No. 10-13-2020-2-NPUA approving rates for wastewater service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of wastewater rates. Needles City Council Member Louise Evans voted “No” on this agenda item.

Members of the Needles City Council voted 4-1 to approve Resolution No. 2020-67 approving rates for wastewater service effective November 1, 2020 and rescinding all prior resolutions relating to the establishment of wastewater rates. Needles City Council Member Louise Evans voted “No” on this agenda item.

*** 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 #8 through #14 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #8:
– Needles City Council / Needles Public Utility Authority Action:

Waive the reading and adopt Resolution No. 10-13-2020-NPUA authorizing execution and delivery of an amendment to the 1997 Purchase Agreement between the Needles Public Utility Authority (NPUA) and City of Needles.

COUNCIL: Waive the reading and adopt Resolution No. 2020-60 authorizing execution and delivery of an amendment to the 1997 Purchase Agreement between the NPUA and City to allow for the subordination of the payments required under the Purchase Agreement to the payment of debt service on the 2020 Bonds and any Parity Bonds issued in accordance with the 2020 Indenture.

*** Agenda Item Packet: ***

CC-08-101320-AMENDMENT TO 1997 PURHCASE AGREEMENT

– Agenda Item #9:
– Needles City Council / Needles Public Utility Authority Action:

Accept the bid of Jonovich Companies in the amount of $222,254 for the River Road and Bazoobuth Lift Station specialized application of the Geopolymer Lining System for a total project cost of $272,075.60 from the Wastewater Asset Replacement Fund and authorize staff to issue a Notice of Award and notice to Proceed.

*** Agenda Item Packet: ***

CC-09-101320-RIVER ROAD BAZOOBUTH LINING SYSTEM

– Agenda Item #10:
– Needles City Council / Needles Public Utility Authority Action:

Authorize the purchase of one new auto feed mainline camera and one new push feed lateral camera from Alliance Technology at a cost not to exceed $45,000 from the Wastewater Asset Replacement Fund.

*** Agenda Item Packet: ***

CC-10-101320-WASTEWATER-CAMERA

– Agenda Item #11:
– Needles City Council / Needles Public Utility Authority Action:

Ratify the city manager’s execution of the Bureau of Reclamation Financial Assistance Agreement Number R20AP00081 for Needles Advanced Meter Infrastructure Project with Automated Meter Reading for a total Reclamation grant amount of $213,826 and non federal match of $213,898.41 for an estimated project cost of $427,724.41.

*** Agenda Item Packet: ***

CC-11-101320-ADANCED METER

– Agenda Item #12:
– Needles City Council / Needles Public Utility Authority Action:

Ratify the city manager’s letter to the California Energy Commission dated September 3, 2020 stating the Needles Public Utility Authority (NPUA) did not establish energy storage procurement targets due to lack of cost effectiveness.

*** Agenda Item Packet: ***

CC-12-101320- CEC ENERGY STORAGE PROCUREMENT

– Agenda Item #13:
– Needles City Council / Needles Public Utility Authority Action:

Accept the bid from BBC Consulting LLC to complete Project 1: Park Moabi Line Upgrade Estimate and Project 4: System Status Report at a total cost not to exceed $26,550; and accept the bid from Brooks Consulting LLC for a three year contract term for licensed professional engineering services for miscellaneous project assistance at a total cost not to exceed $6,600 using electric department funds.

*** Agenda Item Packet: ***

CC-13-101320-PARK MOABI LINE UPGRADE

– Agenda Item #14:
– Needles City Council / Needles Public Utility Authority Action:

Authorize implementation of the Needles Public Utility Authority (NPUA) CARES Utility Assistance Grant as per the program guidelines and authorize funding of such program in the amount of $14,000 with City CARES Act funds.

*** Agenda Item Packet: ***

CC-14-101320-CARES UTILITLITY ASSISTANCE GRANT

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve Agenda Items #8 through #14 on the Consent Calendar.

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

– Agenda Item #15:
– Needles City Council / Needles Public Utility Authority Action:

Approve Task No. 4 of the Electrical General Services Contract working under the Electric Circuit Reliability Program with Western Construction Specialist to rebuild the electric circuit on the hill south of Third Street between ‘E’ and ‘D’ Streets at a cost not to exceed $200,000 using Electric Asset Replacement Funds.

*** Agenda Item Packet: ***

CC-15-101320-REBUILD ELECTRIC CIRCUIT

Members of the Needles City Council / Needles Public Utility Authority unanimously voted to approve Task No. 4 of the Electrical General Services Contract working under the Electric Circuit Reliability Program with Western Construction Specialist to rebuild the electric circuit on the hill south of Third Street between ‘E’ and ‘D’ Streets at a cost not to exceed $200,000 using Electric Asset Replacement Funds.

*** Adjourn Joint Needles City Council / Needles Public Utility Authority Meeting 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 #16 through #25 on the Consent Calendar by affirmative roll call vote.

– Agenda Item #16:

Approve the warrants register through October 13, 2020.

*** Agenda Item Packet: ***

CC-16-101320-WARRANTS

– Agenda Item #17:

Waive the reading and adopt Ordinance No. 632-AC amending Section 13-63 of the Needles Municipal Code adding standards setting forth guidance in constructing red curbs (2nd reading – adopt).

*** Agenda Item Packet: ***

CC-17-101320-RED CURBS

– Agenda Item #18:

Waive the reading and adopt Resolution No. 2020-63 approving the Title VI Compliance Plan for the Needles Area Transit.

*** Agenda Item Packet: ***

CC-18-101320-NAT PLAN

– Agenda Item #19:

Authorize the use of General Fund Reserves to cover the Duke Watkins Bathroom repairs made by Colorado River Plumbing in the amount of $14, 850.

*** Agenda Item Packet: ***

CC-19-101320-DUKE WATKINS BATHROOM

– Agenda Item #20:

Accept the necessary purchases of a John Deere 2500B riding greensmower and a Turfco Mete R-Matic III tow topdresser from Western Turf Equipment at a cost of $12,402.50 and the purchase of a Nortrac 35XT tractor with turf tires from Northern Tool & Equipment in the amount of $16,162.49 using funds from the Golf Surcharge account.

*** Agenda Item Packet: ***

CC-20-101320-EQUIPMENT PARKS

– Agenda Item #21:

Waive the reading and adopt Resolution No. 2020-68 waiving the sealed bid process and authorizing single source purchase of a low floor cutaway transit vehicle from A-Z Bus Sales, Inc.

*** Agenda Item Packet: ***

CC-21-101320-NAT BUS

– Agenda Item #22:

Waive the reading and adopt Resolution No. 2020-64 authorizing submittal of applications(s) for all CalRecycle Grants for which the City of Needles is eligible.

*** Agenda Item Packet: ***

CC-22-101320-CAL RECYCLE

– Agenda Item #23:

Accept the work completed by Trinity Construction Inc for the Rivers Edge Golf Course Restroom Remodel Project and authorize staff to issue a Notice of Completion and record with the San Bernardino County Recorders Office.

*** Agenda Item Packet: ***

CC-23-101320-GOLF RESTROOM

– Agenda Item #24:

Waive the reading and adopt Resolution No. 2020-69 approving an amendment to Resolution No. 2019-38 reassessing in whole the leasehold interest of the Needles Marina Resort from Horizon Community Bank to Ramirez Zuniga Family LLC.

*** Agenda Item Packet: ***

CC-24-101320-NEEDLES MARINA RESORT

– Agenda Item #25:

Accept proposal from iWorQ Systems to purchase Pavement Management Cloud Software for the Public Works Department in the amount of $16,048 using funds from General Fund Reserves and authorize staff to enter into an agreement subject to city attorney review.

*** Agenda Item Packet: ***

CC-25-101320-PAVEMENT MGMT

Members of the Needles City Council unanimously voted to approve Agenda Items #16 through #24, and pull for more information Agenda Item #25 on the Consent Calendar.

After being provided more information, members of the Needles City Council unanimously voted to approve Agenda Item #25; Accept proposal from iWorQ Systems to purchase Pavement Management Cloud Software for the Public Works Department in the amount of $16,048 using funds from General Fund Reserves and authorize staff to enter into an agreement subject to city attorney review.

As stated earlier in the meeting, Agenda Item #23 was removed from tonight’s agenda, and will be rescheduled.

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

– Agenda Item #26:

Resolution No. 2020-65 requesting recognition of sub-regions within San Bernardino County for the purpose of determining tier designations under the State’s “Blueprint for a Safer Economy”.

*** Agenda Item Packet: ***

CC-26-101320-SAFER ECONOMY

Members of the Needles City Council unanimously voted to approve Resolution No. 2020-65 requesting recognition of sub-regions within San Bernardino County for the purpose of determining tier designations under the State’s “Blueprint for a Safer Economy”.

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

– Needles City Attorney John Pinkney:

Had nothing for this evening.

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

– Needles City Manager Rick Daniels:

Had nothing to report.

*** Needles City Council Requests: ***

– Needles City Council Member Shawn Gudmundson:

Spoke about reopening the North K Street Underpass and street light on the corner Chestnut Street and N Street.

– Needles City Council Member Timothy Terral:

Had nothing but did like the idea about reopening the North K Street Underpass.

– Needles City Council Member Tona Belt:

Spoke about needing volunteers at St. Vincent de Paul Thrift Store.

– Needles City Council Member Louise Evans:

Just asked for prayers for the upcoming elections.

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

Thanked the everybody who appeared on Saturday, October 10th, 2020 at the 10-10 Event, celebrating the Republic of China (Taiwan). This was the 47th anniversary flag raising ceremony for the Republic of China (Taiwan). There was approximately 50 people in attendance during the event.

Correction Note: The 10-10 Event was held outside in front of the Needles Courthouse near the Needles City Council Chamber, not inside the Needles City Council Chamber, especially due to California’s restrictions and guidelines related to COVID-19.

– Needles City Council Member Zachery Longacre:

(Excuse Absence)

– Needles City Mayor Jeff Williams:

I do not have anything.

For more information regarding the Needles City Council Meetings, please contact the City Clerk’s Office at the City of Needles at: 1 (760) 326-2113 Ext. 145 or Press #2.

***

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