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

By: Zachary Lopez (ZachNews):

Source: City of Needles (Information and Agenda Packet):

Needles, California: A regular meeting of the Needles City Council and Needles Public Utility Authority was held on Tuesday, October 12th, 2021 inside the Needles City Council Chambers.

 

Live Broadcasts By: Zachary Lopez (ZachNews):

The executive session as well as the regular meeting of the Needles City Council and Needles Public Utility Authority were broadcasted live at ZachNews on Facebook.

******* Summary – Needles City Council and Needles Public Utility Authority Meeting: *******

***** Roll Call: *****

Which members of the Needles City Council are present either inside the Needles City Council Chamber or via teleconference, or which members of the Needles City Council isn’t present either inside the Needles City Council Chamber or via teleconference and may need an excuse absence.

  • Needles City Council Ellen A. Campbell:

Present – Chamber

  • Needles City Council Donald Wade Evans II:

Present – Chamber

  • Needles City Council Kirsten Merritt:

Present – Chamber

  • Needles City Mayor Jeff Williams:

Present – Chamber

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

Present – Chamber

  • Needles City Council Tona Belt:

Present – Chamber

  • Needles City Council Zachery Longacre:

Present – Chamber

 

***** Executive Session: *****

  • Agenda Item A:
  • NPUA /COUNCIL:

Conference with Legal Counsel — Existing Litigation pursuant to (Gov’t Code § 54956.9(d)(1) In re: City of Needles v. CR8 Development, et al. – 1205 E. Broadway, California Superior Court-County of San Bernardino (Case No. CIVSB2108481)

  • Agenda Item B:
  • COUNCIL:

Conference with Legal Counsel — Existing Litigation pursuant to (Gov’t Code § 54956.9(d)(1) In re: City of Needles v. Wilma Smith, et al. — 203 Market Street, California Superior Court-County of San Bernardino (Case No. CIVDS2021967)

  • Agenda Item C:
  • COUNCIL:

Conference with Legal Counsel — Anticipated Litigation pursuant to (Gov’t Code § 54956.9(d)(4) In re: 507 C Street

  • Agenda Item D:
  • COUNCIL:

Conference with Legal Counsel — Anticipated Litigation pursuant to (Gov’t Code § 54956.9(d)(4) In re: 1908 Peru Street

  • Agenda Item E:
  • NPUA /COUNCIL:

Conference with Legal Counsel — Existing Litigation pursuant to (Gov’t Code § 54956.9(d)(1) In re: City of Needles v. James Babin, et al. California Superior Court-County of San Bernardino (Case No. CIVSB2111423)

  • Agenda Item F:
  • COUNCIL:

Conference with real property negotiator pursuant to 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 Armen Matevosian as the potential buyer of a portion of the property described as a 4 acre portion of a undeveloped parcel generally located on San Clemente across from the Needles Riverview Cemetery, APN 0185-234-26-0000 – under negotiations are the price and terms

  • Agenda Item G:
  • COUNCIL:

Conference with real property negotiator pursuant to Government Code §54956.8: Agency negotiator City Manager Rick Daniels or his designee. Negotiating Parties are the Atchison, Topeka, and Santa Fe RailRoad as the potential seller and City of Needles as the potential buyer with funding from Sleiman B. Zeinaty of a portion of the property described as a 9.1 acre vacant parcel, generally located at the southeast corner of Eagle Pass Road and S Street, APN 0185-091-14-0000. Under negotiations are the price and terms

  • Agenda Item H:
  • COUNCIL:

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 Fort Mohave Indian Tribe as the potential buyer of a portion of the property described as a 1.79 acre vacant parcel, generally located at the northwest corner of Smokestack Road and North K Street, APN 0185-058-14-0000. Under negotiations are the price and terms

  • Agenda Item I:
  • COUNCIL:

Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency designated representative: City Manager Rick Daniels; Unrepresented Employee: Assistant City Manager/Development Services Director

  • Agenda Item J:
  • COUNCIL:

Public Employee Performance Evaluation pursuant to Government Code Section 54957 -Title of position: City Clerk

 

***** Executive Session – Report by City Attorney: *****

The Needles City Attorney reports out of Executive Session any actions such as motions and votes if any were taken from the agenda items that were listed under Executive Session.

  • Agenda Item A:
  • NPUA /COUNCIL:
  • Reportable Action?: Yes, Reportable Action
  • Motion:

Approve a settlement of the matter; where the City will be settling for $8,762.39.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

  • Agenda Item B:
  • COUNCIL:
  • Reportable Action?: Yes, Reportable Action
  • Motion:

Approve a settlement of $14,272.36.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

  • Agenda Item C:
  • COUNCIL:
  • Reportable Action?: Yes, Reportable Action
  • Motion:

Approve a settlement in the sum of $10,292.04.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

  • Agenda Item D:
  • COUNCIL:
  • Reportable Action?: Yes, Reportable Action
  • Motion:

Approve to settle the matter for $2,000.00.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

During Executive Session – Report by City Attorney, Needles City Attorney John Pinkney said to members of the Needles City Council and the public in attendance that “All those settlements (Agenda Item A-D) were negotiated with the main party, and all were agreeable to it, and now approved by the Council.”

  • Agenda Item E:
  • NPUA /COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

Needles City Attorney John Pinkney said to members of the Needles City Council and the public in attendance that Needles City Council Member Ellen Campbell recused herself from this agenda item because, “her office does some work with the party that’s involved.”

  • Agenda Item F:
  • COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

  • Agenda Item G:
  • COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

  • Agenda Item H:
  • COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

Needles City Attorney John Pinkney said to members of the Needles City Council and the public in attendance that Needles Vice City Mayor Edward T. Paget recused herself from this agenda item because, “his green house he owns is located a little more then 500 feet away from the piece of property.”

  • Agenda Item I:
  • COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

Needles City Attorney John Pinkney said to members of the Needles City Council and the public in attendance that City of Needles Director of Development Services Patrick Martinez recused herself from this agenda item because, “it concerned him.”

  • Agenda Item J:
  • COUNCIL:
  • Reportable Action?: No, Reportable Action

N/A

 

***** Approval of the Agenda: *****

Members of the Needles City Council get to vote on if they approve of tonight’s agenda and if they’re any changes to the agenda that need to be made.

  • Agenda Packet (PDF File Download):

cc-00-101221 regccnpuaag with link

  • Motion:

Approve of tonight’s agenda.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

***** Recess the Needles City Council Meeting and Convene a joint Needles City Council and Needles Public Utility Authority Meeting: *****

***** Presentations: *****

  • Agenda Item 1:
  • NPUA /COUNCIL:

Presentation by Michael Land, Hydrologist, California Water Science Center, United States Geological Survey (USGS), regarding groundwater flow and estimation of total dissolved concentrations near the Lower Colorado Water Supply Project, Imperial County, California

Authorize the city manager to execute the U.S. Department of Interior U.S. Geological Survey Joint Funding Agreement for Water Resource Investigations Number 22ZGJFA60101110 to conduct Phase 2 & 3 not to exceed a total cost of $2,383,658 to be funded through the Zion Trust Account.

  • Agenda Packet (PDF File Download):

cc-01-101221-US Geological water

  • Motion:

Approve the authorize to execute the U.S. Department of Interior U.S. Geological Survey Joint Funding Agreement for Water Resource Investigations Number 22ZGJFA60101110 to conduct Phase 2 & 3 not to exceed a total cost of $2,383,658 to be funded through the Zion Trust Account.

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

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

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 Council action, a member of the public may address the Needles City Council/Needles Public Utility Authority on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 2 through 5 on the Consent Calendar by affirmative roll call vote.

  • Agenda Item 2:

Authorize proceeding with the fiscal year 2022 Needles Public Utility Authority Free Shade Program at a cost not to exceed $14,999 to be paid with electric budget public education funds.

  • Agenda Packet (PDF File Download):

cc-02-101221-tree shade

  • Agenda Item 3:

Accept the Department of Water Resources and Coachella Valley Water District Grant Agreement #4600012245 Sub-Project 12.b Deteriorating Pipes Replacement Design in the amount of $50,218; and authorize a fiscal year 2022 revenue and expense budget adjustment in the same amount.

  • Agenda Packet (PDF File Download):

cc-03-101221-coachella water

  • Agenda Item 4:

Authorize Epic Engineer to complete the engineering design work to develop the details, specifications and cost estimates for the Deteriorating Pipe Project submitted to the California Department of Water Resources (DWR) at a cost not to exceed $38,328 to be funded by DWR and Coachella Valley Water Agreement.

  • Agenda Packet (PDF File Download):

cc-04-101221-water pipes

  • Agenda Item 5:

Authorize Stantec Consulting Services to conduct a comprehensive alternative electric utility rate structure review at a cost not to exceed $41,000 to be paid with electric operating funds.

  • Agenda Packet (PDF File Download):

cc-05-101221-elec rate review

  • Motion (Consent Calendar):

Approve Agenda Items 2 through 4 on the Consent Calendar, and pull Agenda Item 5 on the Consent Calendar.

  • Voting Results (Consent Calendar):

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: Yes

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Pulled from Consent Calendar:
  • Agenda Item 5:

Authorize Stantec Consulting Services to conduct a comprehensive alternative electric utility rate structure review at a cost not to exceed $41,000 to be paid with electric operating funds.

  • Motion (Agenda Item 5):

Approve to authorize Stantec Consulting Services to conduct a comprehensive alternative electric utility rate structure review at a cost not to exceed $41,000 to be paid with electric operating funds.

  • Voting Results (Agenda Item 5): 4-3: Motion Fails

Member Campbell: Yes

Member Wade Evans II: No

Member Merritt: No

Mayor Williams: No

Vice Mayor Paget M.D.: No

Member Belt: Yes

Member Longacre: Yes

 

***** Adjourn the joint Needles City Council and Needles Public Utility Authority Meeting and Reconvene the Needles City Council Meeting: *****

***** Public Appearance: *****

Persons wishing to address the Needles City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the Needles City Council from taking action on a specific item until it appears on the agenda.

  • Public Appearance Speaker:

Brett Macos

  • Topics:

Spoke about his opposes a RV park project and will not allow an easement.

  • Public Appearance Speaker:

Shawn Gudmundson

  • Topics:

Spoke as a concern private citizen about an agenda item that was tablets at last Needles City Council Meeting (Agenda Item 14: Discussion regarding creation of a new Electric Rate Stabilization Fund with the monies from the marijuana tax currently deposited into the Economic Development Fund), saying that it was unjustice to the community that raised. concerns.

 

***** Public Hearings: *****

  • Agenda Item 6:

Public hearing noticed to consider all evidence and testimony for or against approving an Ordinance amending Chapter 6, Adding Article X, Entitled “Violation Penalty”, in the Needles Municipal Code adding penalties for work without permits Staff Report ➢ Council Questions of Staff ➢ Mayor to open the public hearing ➢ Public Comment ➢ Mayor to close the public hearing ➢ Council Discussion / Deliberation ➢ Ordinance No. 643-AC amending Chapter 6 of the Needles Municipal Code adding Article X entitled “Violation Penalty for Work Without Permits” (1st reading — post)

  • Agenda Packet (PDF File Download):

cc-06-101221-bldg permit penalties

  • Motion:

Approve Ordinance amending Chapter 6, adding Article X, entitled “Violation Penalty”, in the Needles Municipal Code adding penalties for work without permits.

*** More information about Agenda Item 6 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/18/needles-ca-needles-city-council-approves-ordinance-no-643-ac-that-amends-chapter-6-in-the-needles-municipal-code-to-add-article-x-entitled-violation-penalty-for-work-without-permits/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 7:

Public hearing noticed to consider all evidence and testimony for or against banning the cultivation of industrial hemp and terminating Urgency Ordinance No. 641-AC imposing a temporary moratorium on the cultivation of industrial hemp pursuant to Government Code Section 65858 as extended by urgency Ordinance No. 642-AC ➢ Staff Report ➢ Council Questions of Staff ➢ Mayor to open the public hearing ➢ Public Comment ➢ Mayor to close the public hearing ➢ Council Discussion / Deliberation ➢ Ordinance No. 644-AC amending Part III, Article VI, Section 96.03 of the Needles Municipal Code banning the cultivation of industrial hemp and terminating Urgency Ordinance No. 641-AC imposing a temporary moratorium on the cultivation of industrial hemp pursuant to Government Code Section 65858 as extended by urgency Ordinance No. 642-AC (1st reading — post)

  • Agenda Packet (PDF File Download):

cc-07-101221-hemp

  • Motion:

Approve Ordinance No. 644-AC amending Part III, Article VI, Section 96.03 of the Needles Municipal Code banning the cultivation of industrial hemp and terminating Urgency Ordinance No. 641-AC imposing a temporary moratorium on the cultivation of industrial hemp pursuant to Government Code Section 65858 as extended by urgency Ordinance No. 642-AC.

*** More information about Agenda Item 7 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/18/needles-ca-needles-city-council-approves-cultivation-of-industrial-hemp-ban-ordinance-and-terminates-urgency-ordinance-that-imposed-temporary-moratorium-on-cultivation-of-industrial-hemp/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 8:

Public hearing noticed to consider all evidence and testimony for or against adoption of the City of Needles 6th Cycle Housing Element Update has been continued to allow for an eighty day public review period will be advertised for January 11, 2022.

 

  • Agenda Item 9:

Public hearing noticed to consider all evidence and testimony for or against a Conditional Use Permit for a two-phase development of a cannabis cultivation facility totaling 19,340 sq. ft. located at 315 Balboa Place, APN 0660-081-21 in a C-3 Highway Commercial Zone has been continued to the November 9, 2021 council meeting.

 

***** 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 City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 10 through 13 on the Consent Calendar by affirmative roll call vote.

  • Agenda Item 10:

Approve the warrants register through October 12, 2021

  • Agenda Packet (PDF File Download):

cc-10-101221-warrants

  • Agenda Item 11:

Approve the minutes of July 13, August 10, September 7, September 14 and September 28

  • Agenda Packet (PDF File Download):

N/A

  • Agenda Item 12:

Waive the reading and adopt Resolution No. 2021-61 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Executive Order N-09-21, and authorizing remote teleconference meetings of the legislative bodies of the City of Needles for the period of October 13, 2021 — November 12, 2021 pursuant to provisions of the Ralph M. Brown Act

  • Agenda Packet (PDF File Download):

cc-12-101221-brown act

  • Agenda Item 13:

Waive the reading and adopt Resolution No. 2021-62 adopting Phase II of the Pay and Class Study outcome over 3 years amending Resolution No. 2021-10

  • Agenda Packet (PDF File Download):

cc-13-101221-pay and class

  • Motion (Consent Calendar):

Approve Agenda Items 10 through 13 on the Consent Calendar.

  • Voting Results (Consent Calendar): Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

***** Regular Items: *****

  • Agenda Item 14:

Discussion regarding the traffic engineer study to remove striping, reseal, and restripe 2 blocks of Needles Highway from N Street to M Street and L Street to K Street.

  • Agenda Packet (PDF File Download):

cc-14-101221-Ndls hwy K traffic

  • Motion:

Approve to accepted engineer traffic study and approved removing striping, reseal, and restripe Needles Highway from N Street to M Street and from L Street to K Street.

*** More information about Agenda Item 14 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/16/needles-ca-needles-city-council-accepts-engineer-traffic-study-and-approves-removing-striping-reseal-and-restripe-needles-highway-from-n-street-to-m-street-and-from-l-street-to-k-street/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 15:

Discussion regarding the traffic engineer study to establish “No Left Turn Signs” and “Wrong Way” signs at the Intersection of T Street and Needles Highway.

  • Agenda Packet (PDF File Download):

cc-15-101221-Ndls hwy T st

  • Motion:

Approve the traffic engineer study to establish “No Left Turn Signs” and “Wrong Way” signs at the Intersection of T Street and Needles Highway.

*** More information about Agenda Item 15 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/16/needles-ca-needles-city-council-approves-traffic-engineer-study-to-establish-no-left-turn-signs-and-wrong-way-signs-at-the-intersection-of-t-street-and-needles-highway/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 16:

Discussion regarding amending Chapter 15A Recreation Area Use Policy regarding prohibiting consumption of cannabis, glass bottles, and littering at city beaches.

  • Agenda Packet (PDF File Download):

cc-16-101221-rec beaches glass etc

  • Motion:

Approve Chapter 15A Recreation Area Use Policy prohibiting glass bottles and littering at city beaches, with the elimination of the “consumption of cannabis” portion.

*** More information about Agenda Item 16 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/17/needles-ca-needles-city-council-approves-chapter-15a-recreation-area-use-policy-prohibiting-glass-bottles-and-littering-at-city-beaches/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 17:

Review of the Economic Development Program funded by 10% of tax revenues received from cannabis businesses

  • Agenda Packet (PDF File Download):

cc-17-101221-econ dev prog

  • Motion:

Approve to table the agenda item.

*** More information about Agenda Item 17 has been posted at the following ZachNews website at: ***

https://zachnews.net/2021/10/17/needles-ca-needles-city-council-tablets-agenda-item-regarding-economic-development-program-funds-from-tax-revenues-received-from-local-cannabis-businesses-after-they-asked-questions-and-gave-input/

  • Voting Results: Approved: Unanimously

Member Campbell: Yes

Member Wade Evans II: Yes

Member Merritt: Yes

Mayor Williams: N/A

Vice Mayor Paget M.D.: Yes

Member Belt: Yes

Member Longacre: Yes

 

  • Agenda Item 18:

Discuss on attending the California Construction and Industrial Materials Association Conference.

  • Agenda Packet (PDF File Download):

cc-18-101221-CalCima

  • Motion:

Even though this item was an “Action Needed” agenda item, nobody voted on this agenda item regarding attending the California Construction and Industrial Materials Association Conference.

  • Voting Results:

Member Campbell:

Member Wade Evans II:

Member Merritt:

Mayor Williams: N/A

Vice Mayor Paget M.D.:

Member Belt:

Member Longacre:

 

***** Please view the live broadcast posted at ZachNews on Facebook for what was mentioned during Needles City Attorney’s Report, Needles City Manager’s Report and Needles City Council Requests. *****

 

***** More Information: *****

Please contact Dale Jones, City Clerk for the City of Needles, either by phone at: 1 (760) 326-2113 Ext. 145 or by email at: djones@cityofneedles.com

***

%d bloggers like this: