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

By: Zachary Lopez (ZachNews):

Source: Needles City Clerk Dale Jones (Information and Agenda Packet):

Needles, California: A regular meeting of the Needles City Council, Needles Public Utility Authority and Successor Agency to the Redevelopment Agency was held on Tuesday, February 22nd, 2022 inside the Needles City Council Chambers.

*** Live Broadcast: Executive Session Meeting: ***

*** Live Broadcast: Regular Meeting: ***

Live Broadcasts: Zachary Lopez (ZachNews Photojournalist):

If you want to know which member(s) were present or not present during Roll Call, what member(s) had a Conflict of Interest, who spoke during Public Appearance, what was in the Presentation(s) shown, who spoke during Public Comments on agenda item(s), what were the motions and what were the voting results on agenda item(s), and what was stated during Needles City Attorney’s Report, Needles City Manager’s Report and Needles City Council Requests, you can view the entire, raw and unedited broadcasted live meeting at ZachNews on Facebook.

The following listed below is what was decided and voted on during the executive session and regular meeting of the Needles City Council, Needles Public Utility Authority and Successor Agency to the Redevelopment Agency.

******* Needles City Council, Needles Public Utility Authority and Successor Agency to the Redevelopment Agency Meeting: *******

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

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

  • Agenda Item A: NPUA / COUNCIL: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1) (one case: Rio Buena Vista Assoc. Et. Al. v. City of Needles: Case Number CIVSB 2028439).
  • Reportable Action?: No Reportable Action

Needles City Attorney John Pinkney said there was “no reportable action taken” on this item.

 

  • Agenda Item B: 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 San Bernardino County as the potential buyer of a portion of the building located at 1111 Bailey Avenue, APN 0185-221-13-0000. Under negotiations are the price and terms.
  • Reportable Action?: No Reportable Action

Needles City Attorney John Pinkney said there was “no reportable action taken” on this item.

 

  • Agenda Item C: COUNCIL: Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency designated representative: City Manager Rick Daniels: Employee Organization: Teamsters Local 1932.
  • Reportable Action?: No Reportable Action

Needles City Attorney John Pinkney said there was “no reportable action taken” on this item.

 

  • Agenda Item D: COUNCIL: Conference with Legal Counsel regarding existing Litigation pursuant to Government Code § 54956.9(d)(1): City of Needles v. Kim Carter, et al. (421 Acoma) California Superior Court-County of San Bernardino Case No. CIVDS2018115.
  • Reportable Action?: No Discussion Held

Needles City Attorney John Pinkney said there was “no discussion held” on this item.

 

  • Agenda Item E: COUNCIL: Conference with Legal Counsel regarding potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) one potential case.
  • Reportable Action?: No Reportable Action

Needles City Attorney John Pinkney said there was “no reportable action taken” on this item. Needles City Attorney John Pinkney also said Member Zachery Longacre recused herself from this agenda item because it involves a potential defendant cannabis industry, and because he works for a cannabis industry so he did not participate in that portion of the session. In additional to that, Needles City Attorney John Pinkney said Mayor Jeff Williams at one time was approach about a job – more than a couple years ago – for the potential defendant cannabis industry, which was quickly declined. Because of that, Needles City Attorney John Pinkney said Mayor Jeff Williams recused herself from this agenda item.

 

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

  • Agenda Packet (PDF File Download): CC-00-022222-agenda
  • Motion: Approval of the Agenda, with the continuing of the public hearings on Agenda Items 7 and 8.
  • Voting Results: Approved: Unanimously

Members of the Needles City Council voted to continued the public hearings denying proposed North L Street cannabis cultivation and distribution facilities resolutions and zone change (Agenda Items 7 and 8) to the next regular meeting of the Needles City Council possibly on Tuesday, February 22nd, 2022 because of a lack of quorum because some members would have to recused themselves on the agenda item because of a conflict of interest as well as Needles City Mayor not being present at the meeting because he’s reportedly sick; this leave not enough members for a quorum on this agenda item.

 

  • Agenda Item 1: NPUA / COUNCIL: Accept the bid from Christensen Brothers General Engineering in the amount of $1,272,258 for a base bid with alternate items for the City portion totaling $839,863 and acceptance of additional alternate bids for Needles Unified School District, Palo Verde College and County Sheriff Complex by separate cooperative funding agreements totaling $432,395 and authorize staff to issue a Notice of Award and Notice to Proceed for waterline service replacement and street improvements (crack seal, slurry seal with grind and pave according to the Project Management Plan); City funding available in the Water Asset Replacement Fund for portions related to utilities ($65,460) with the balance budgeted in FY 2022 General Fund Public Works Street Improvements (total project cost $1,469,895 which includes a 10% contingency)
  • Agenda Packet (PDF File Download): CC-01-022222-Accept Bid Waterline & Street
  • Motion: Accept the bid from Christensen Brothers for Base Bid with Alternate Items listed for a total City amount of $839,863 and a total project cost of $1,469,895 which includes a 10% contingency, and additional acceptance of alternate bids for School, College and County by separate cooperative funding agreement for additional reimbursable amount of $432,395 and authorize staff to issue a Notice of Award and Notice to Proceed.
  • Voting Results: Approved: Unanimously

Vice Mayor Edward T. Paget “abstained” during the vote but gave no reason, and Member Zachery Longacre recused herself from this agenda item because he lives close to L Street. 

 

***** Recess joint Needles City Council and Needles Public Utility Authority and Convene a Successor Agency to the Redevelopment Agency Meeting: *****

  • Agenda Item 2: Resolution No. 02-22-2022-SARDA approving a Purchase Agreement between the Successor Agency to the Redevelopment Agency and Mohan Doraiswamy with respect to the real property located at 221 Monterey Avenue, APN 0186-233-08-0000.
  • Agenda Packet (PDF File Download): CC-02-022222-SARDA Purchase Agreement
  • Agenda Packet (PDF File Download): CC-02-022222-Picture Attachment
  • Motion: Approve Resolution No. 02-22-2022-SARDA approving a Purchase Agreement between the Successor Agency to the Redevelopment Agency and Mohan Doraiswamy with respect to the real property located at 221 Monterey Avenue, APN 0186-233-08-0000..
  • Voting Results: Approved: Unanimously

Member Tona Belt recused herself from this agenda item because I live within 600 feet of that property; I own property within that 600 feet.

 

***** Recess the Successor Agency to the Redevelopment Agency and Reconvene the Needles City Council Meeting: *****

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

  • Agenda Item 3: Information Only: Chamber of Commerce El Garces update.
  • Agenda Packet (PDF File Download): N/A

Packet for this agenda item or a copy of the presentation was not provided to ZachNews from Needles City Clerk Dale Jones.

 

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

  • Agenda Item 4: Continued from February 8, 2022 – Public Hearing to consider all evidence and testimony for or against approval of an application from Mr. Gregory Lucas to change the General Plan designation for 109 N “L” Street, also known as APN 0185-111-84-0000 from “Medium Density Residential” to“Industrial”. Said property is located near the BNSF railroad underpass at Front Street and “K”Street. AND to consider all evidence and testimony for or against approval of an application from Mr. Gregory Lucas to change the Zoning designation for 109 N “L” Street from “Multiple Family Residential” (R-3) to “Light Manufacturing” (M-1).
    ➢ Staff Report
    ➢ Council Questions of Staff
    ➢ Public hearing previously opened
    ➢ Public Comment
    ➢ Mayor to close the public hearing
    ➢ Council Discussion / Deliberation
    ➢ Resolution No. 2022-19 denying a proposed General Plan amendment from a Residential Medium Density (RM) designation to an Industrial Designation and denying a proposed zone change from a Multi-Family Residential (R-3) to Light Manufacturing (M-1) for the parcel located at 109 N “L” Street, APN 0185-111-084-0000
  • Agenda Packet (PDF File Download): CC-04-022222-109 L General Plan & Zoning
  • Motion: Approve Resolution 2022-20 Denying a Conditional Use Permit for a 2 Phase Cannabis Cultivation Facility located at 109 L Street also known as APN 0185-111-084-0000.
  • Voting Results: Approved: Unanimously

Member Zachery Longacre recused herself from this agenda item because he works for a cannabis industry.

 

  • Agenda Item 5: Continued from February 8, 2022 – Public hearing noticed to consider all evidence and testimony for or against approval of an application from Mr. Gregory Lucas for a Conditional Use Permit for a cannabis cultivation facility in a proposed “Light Manufacturing” (M-1) zone, at 109 N “L” Street, also known as APN 0185-111-84-0000 AND an application from Mr. Gregory Lucas for a Conditional Use Permit for a cannabis distribution facility in a proposed“ Light Manufacturing” (M-1) zone, at 109 N “L” Street, also known as APN 0185-111-84-0000.
    ➢ Staff Report
    ➢ Council Questions of Staff
    ➢ Mayor to open the public hearing
    ➢ Public Comment
    ➢ Mayor to close the public hearing
    ➢ Council Discussion / Deliberation
    ➢ Resolution No. 2022-20 denying a Conditional Use Permit for a 2-phase cannabis cultivation facility located at 109 N “L” Street, APN 0185-111-084-0000 (ACT)
    ➢ Resolution No. 2022-21 denying a Conditional Use Permit for a 440 sq. ft. cannabis distribution facility located at 109 N “L” Street, APN 0185-111-084-0000 (ACT)
  • Agenda Packet (PDF File Download): CC-05 pt1-022222-109 L Cultivation
  • Agenda Packet (PDF File Download): CC-05 pt2-022222-109 L Distribution
  • Motion (Resolution No. 2022-20): Approve Resolution 2022-20 Denying a Conditional Use Permit for a 2 Phase Cannabis Cultivation Facility located at 109 L Street also known as APN 0185-111-084-0000.
  • Voting Results (Resolution No. 2022-20): Approved: Unanimously
  • Motion (Resolution No. 2022-21): Approve Resolution 2022-21 Denying a Conditional Use Permit for a 440 Sq. Ft. Cannabis Distribution Facility located at 109 L Street also known as APN 0185111-084-0000.
  • Voting Results (Resolution No. 2022-20): Approved: Unanimously

Member Zachery Longacre recused herself from this agenda item because he works for a cannabis industry.

 

  • Agenda Item 6: Application from Mr. Curtis Devine, representative for Mohave Cannabis Club, for a Conditional Use Permit for a cannabis retail business, located at 1409 Needles Highway and 113 Needles Highway, in the C-2 General Commercial Zone, APN 0185-066-19-0000 and
    0185-066-23-0000.
  • Agenda Packet (PDF File Download): N/A

This agenda item has been continued to the Needles City Council Meeting being held on Tuesday, March 22nd, 2022.

 

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

  • Agenda Item 7: Approve the Warrants Register through February 22, 2022.
  • Agenda Packet (PDF File Download): CC-07-022222-Warrants

 

  • Agenda Item 8: Approve an amount not to exceed $19,000 from General Fund Reserves to TKE Engineering for
    the Design of First Beach.
  • Agenda Packet (PDF File Download): CC-08-022222-First Beach

 

  • Agenda Item 9: Ratify the City Manager’s signature on contract number C9803078 with the State of California
    Department of Parks and Recreation Statewide Park Development and Community Revitalization
    for Duke Watkins Park, total grant not to exceed $3,965,400.
  • Agenda Packet (PDF File Download): CC-09-022222-Duke Watkins
  • Agenda Packet (PDF File Download): CC-09-022222-Picture Attachment

 

  • Agenda Item 10: Waive the reading and adopt Resolution No. 2022-24 changing the Planning Commission regular
    meeting days to the first and third Wednesday monthly at 4:00 P.M.
  • Agenda Packet (PDF File Download): CC-10-022222-Two Planning Commission Mtgs

 

  • Agenda Item 11: Waive the reading and adopt Resolution No. 2022-22 authorizing filing of an application for
    federal funding under FTA Section 5311 (49 U.S.C. Section 5311), the federal program providing
    assistance to rural transit programs, with the California Department of Transportation.
  • Agenda Packet (PDF File Download): CC-11-022222-CalTrans Application for Fundng

 

  • Agenda Item 12: Waive the reading and adopt Resolution No. 2022-23 approving a Short Form Contract between
    the City of Needles and California Highway Patrol for grant funding to conduct an Every 15
    Minutes Program at the Needles High School at a cost not to exceed $9,000 to be reimbursed by
    grant funds.
  • Agenda Packet (PDF File Download): CC-12-022222-Every 15 Minutes Contract

 

 

  • Motion (Consent Calendar): Approve the Consent Calendar; Agenda Item 8 pulled for discussion.
  • Voting Results (Consent Calendar): Approved: Unanimously

 

  • Motion (Pulled Consent Calendar Agenda Item 8): Approve Agenda Items 8.
  • Voting Results (Consent Calendar): Approved: Unanimously

During Consent Calendar, Mayor Jeff Williams left the room as he wasn’t feeling well to continue. Vice Mayor Edward T. Paget took over the seat of the mayor, he will not be voting on any agenda items unless there’s a tie vote to break with his vote. 

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

  • Agenda Item 14: Ordinance No. 648-AC intent to comply with Senate Bill 1383 Regulations of the Department of
    Resources Recycling and Recovery (CalRecycle) organics law requirements.
  • Agenda Packet (PDF File Download): CC-14-022222-Ord.648-AC Recycling
  • Motion: Approve for Introduction Ordinance No. 648-AC Intent to Comply with Senate Bill 1383 Regulations to the Department of Resources Recycling and Recovery.
  • Voting Results: Approved: Unanimously

 

  • Agenda Item 15: Ballot measure(s) for the November 8, 2022 General Municipal Election.
  • Agenda Packet (PDF File Download): CC-15-022222-Ballot Measures
  • Motion: N/A
  • Voting Results: N/A

Despite this agenda item being listed as an “Action” item, no votes were conducted by members of the Needles City Council.

Needles City Manager Rick Denials told members of the Needles City Council and the public that there have been two matters talked about among members of the Needles City Council and others. Needles City Manager Rick Denials said one is for short term rentals – there will be a recommendation from the Needles Planning Commission that the City of Needles’s hotel tax be applied to those short term rentals, A draft ballot will be drafted and be brought later in front of members of the Needles City Council at their exit regular meeting, and then we can start the process to move it towards an option. Needles City Manager Rick Denials said we have to adopt a resolution before June, 14th, 2022. Needles City Manager Rick Denials then said the other issue that the we (members of the Needles City Council and others) talked about is – when the voters approved the marijuana tax; adopting an excise tax, and that excise tax functions like a sales tax and that is the amount of tax paid base upon the value of the product that is purchase. So that requires a lot of calculus in terms of – for the cultivation – at what price did you sell it, how many pounds and to who. An alternative that some cities have gone to is – most recently – is called a square foot tax and that is (for example) you are permitted for 20,000 square feet of what’s called “Cannabee” so it’s 20,000 times X (=) that’s what you own. So it takes away the variables in figuring out the tax. It would be a much easier tax to administer than the system he thinks has opportunities for abuse than that is sales’ price because it requires accurative reporting where as we know the “Cannabee” that’s been approved for every one of these cannabis facilities – we know because that’s in their permit. So if members of the Needles City Council wants us to move forward with that, then we would ask to direct staff – and we can bring a draft ordinance for you to consider – or if there’s any other issues. Needles City Manager Rick Denials then said there’s thousands of ideas we can put forward for the voters, but didn’t say what they were because he said he didn’t want to “contaminate their minds.” Member Zachery Longacre “partially” recused herself from this agenda item because he works for a cannabis industry; leaving the room for the portion of the agenda item that discussed the cannabis industry.

 

  • Agenda Item 16: Authorize attendance at the City / County Conference scheduled for April 7-8,2022 in Lake
    Arrowhead.
  • Agenda Packet (PDF File Download): CC-16-022222-City County Conference
  • Motion: N/A
  • Voting Results: N/A

Despite this agenda item being listed as an “Action” item, no votes were conducted by members of the Needles City Council.

Needles Vice Mayor Edward T. Paget and Council Member Ellen Campbell have requested to attend the City / County Conference in Lake Arrowhead, California.

***** 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

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