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(ACT) – ACTION NEEDED
(INF) – INFORMATION ONLY
(DIS) – DISCRETIONARY
A G E N D A
REGULAR MEETING OF THE CITY COUNCIL
NEEDLES PUBLIC UTILITY AUTHORITY
SUCCESSOR AGENCY to the REDEVELOPMENT AGENCY
CITY OF NEEDLES, CALIFORNIA
TUESDAY, FEBRUARY 22, 2022
COUNCIL EXECUTIVE SESSION – 5:00 P.M.
CITY COUNCIL MEETING – 6:00 P.M.
CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES
AUTHORIZED BY AB 361
THE MAYOR AND COUNCIL MEMBERS MAY BE ATTENDING THIS MEETING VIA *** MICROSOFT TEAMS ***
THE PUBLIC MAY ALSO ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 494 222 032# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 494 222 032# The meetings are being recorded.
THE PUBLIC MAY ATTEND – MASKS ARE ENCOURAGED AND DESIGNATED SEATING
CALL TO ORDER
ROLL CALL
RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING CALL TO ORDER (Roll Call previously taken)
PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS (A three-minute time limit per person has been established.)
RECESS TO EXECUTIVE SESSION
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);
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
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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
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 e) COUNCIL: Conference with Legal Counsel regarding potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) one potential case EXECUTIVE SESSION – Report by City Attorney
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
CONFLICT OF INTEREST
CORRESPONDENCE
INTRODUCTIONS
CITY ATTORNEY Parliamentary procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you.
PUBLIC COMMENTS PERTAINING TO THE NPUA / COUNCIL ITEM (A three-minute time limit per person has been established.)
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) (ACT)
RECESS THE JOINT COUNCIL / NPUA MEETING AND CONVENE A SARDA MEETING (Roll Call previously taken)
PUBLIC COMMENTS PERTAINING TO THE SARDA ITEM (A three-minute time limit per person has been established.)
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 (ACT)
RECESS THE SARDA MEETING AND RECONVENE THE CITY COUNCIL MEETING PUBLIC APPEARANCE – Persons wishing to address the 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 City Council from taking action on a specific item until it appears on the agenda.
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PRESENTATION
(A ten-minute time limit per presentation has been established per Municipal Code Section 2-18.) 3) Chamber of Commerce El Garces update (INF)
PUBLIC HEARINGS
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 (ACT) 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) 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 has been continued to March 22, 2022
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PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS (A three-minute time limit per person has been established.)
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 7 through 13 on the Consent Calendar by affirmative roll call vote. (ACT)
7) Approve the Warrants Register through February 22, 2022 8) Approve an amount not to exceed $19,000 from General Fund Reserves to TKE Engineering for the Design of First Beach
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 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. 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 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
13) Well No. 16 Drilling Timeline (INF)
End of Consent
REGULAR ITEMS
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 (ACT) 15) Ballot measure(s) for the November 8, 2022 General Municipal Election (ACT) 16) Authorize attendance at the City / County Conference scheduled for April 7-8,2022 in Lake Arrowhead (ACT)
CITY ATTORNEYS REPORT
CITY MANAGERS REPORT
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COUNCIL REQUESTS
Councilmember Campbell
Councilmember Evans
Councilmember Merritt
Vice Mayor Paget
Councilmember Belt
Councilmember Longacre
Mayor Williams
ADJOURNMENT
INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL
IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.cityofneedles.com
Posted: February 18, 2022
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).
I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.
Dated this 18th day of February 2022
_________________________
Dale Jones, CMC, City Clerk