041222ccnpuasardaag 1
(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, APRIL 12, 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: 744 969 232# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 744 969 232# The meetings are being recorded. - MASKS ARE ENCOURAGED
CALL TO ORDER
ROLL CALL
RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA / SARDA
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) SARDA: Conference with Real Property Negotiator regarding sale of Successor Agency to the Redevelopment Agency property to Hooman Davoodi pursuant to Government Code Section 54956.8. Agency negotiator: City Manager Rick Daniels; Negotiating Parties: Successor Agency to the Redevelopment Agency as Seller and Hooman Davoodi as Buyer; Under Negotiation: price and terms of payment – APN 0186-222-11-0000 formerly known as APN 0186-222-07-0000 (26.86 acres located at Ice Plant Road/I-40)
b) COUNCIL: Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Kim Carter, et al. - 421 Acoma, California Superior Court-County of San Bernardino Case No. CIVDS2018115
c) COUNCIL; Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3): One potential case related to claim dated March 2, 2022 from In & Out Construction
041222ccnpuasardaag 2
d) NPUA / 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 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.
PUBLIC COMMENTS PERTAINING TO THE NPUA / COUNCIL ITEM (A three-minute time limit per person has been established.)
NPUA / 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 NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 1 through 2 on the Consent Calendar by affirmative roll call vote. (ACT) 1) NPUA /COUNCIL: Waive the reading and adopt Resolution No. 2022-29 authorizing the City Manager or Designee to Apply for and Receive Financial Assistance from the California State Water Resources Control Board for the Planning, Design and Construction of the Replacement of Needles City Well No.11 Treatment System and Distribution Pipeline 2) NPUA /COUNCIL: Waive the reading and adopt Resolution No. 2022-30 authorizing the City Manager or Designee to Apply for and Receive Financial Assistance from the California State Water Resources Control Board for the Planning, Design and Construction of the Waterline and Manifold Replacement: Backup Generators at Existing Well Sites End of Consent
3) NPUA /COUNCIL: Adopt a revised Electric Statement of Policies dated April 2022 by amending the Power Cost Adjustment (PCA) Balancing Fund to reflect the PCA to be twenty percent (20%) of the yearly over-hydro budgeted power costs for the fiscal year (annual budget or revised budget as applicable) (ACT)
RECESS THE JOINT NPUA / SARDA / COUNCIL MEETING - RECONVENE THE CITY COUNCIL
MEETING
041222ccnpuasardaag 3
PUBLIC HEARING
4) Public hearing noticed to consider all evidence and testimony for or against Short Term Residential Rentals
➢ 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. 649-AC Amending Chapter 12 Entitled “Licenses” adding “Short-Term Residential Rentals” to the Needles Municipal Code (1st reading – post) (ACT) 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 5 through 18 on the Consent Calendar by affirmative roll call vote. (ACT)
5) Approve the Warrants Register through April 12, 2022 6) Accept work completed by Philips Excavating Inc. in the amount of $63,000 to perform clean up abatement services along Reclamation Road using Cal Recycle Grant funds and authorize a Notice of Completion and record with the San Bernardino County Recorder’s Office 7) Accept Deductive Change Order #1 in the amount of negative $544,265 with Christensen Brothers for the removal of Alternate Bid Items, Palo Verde College Parking Lots, County Sheriff Complex Parking Lots and Flip Mendez Parkway from the Phase II Water Service Replacement & Street Improvements Project
8) Accept Change Order #2 in the amount of $67,840 with Christensen Brothers for additional concrete driveway approaches and a paved fire lane for the new classroom on Erin Drive and additional asphalt for parking lots as part of the Phase II Water Service Replacement & Street Improvements Project to be invoiced to the Needles Unified School District 9) Accept Change Order #3 in the amount of $53,300 with Christensen Brothers for additional water service street repair on Erin Drive, leveling a portion of L Street to pave over, additional work between O&P Streets and additional work on North K from Colorado River Bridge to Needles Hwy to Broadway: $10,800 to be reimbursed by TE Roberts, $5,900 from the Water Asset Replacement Fund and the balance budgeted in FY 2022 General Fund Public Works Street Improvements for the Phase II Water Service Replacement & Street Improvements Project 10) Accept Change Order #4 for one half ($15,500) of the requested increase of $31,000 due to Oil Price Index affecting Fuel and Asphalt increases from sub-contractors and sharing the increase with the School District by percentage for the current Phase II Water Service Replacement & Street Improvement project
11) Accept Change Order #1 in the amount of $15,840 and Deductive Change Order #2 in the amount of negative $967,360 and issue a Notice of Completion with Layne Christensen LLC for 041222ccnpuasardaag 4
work completed to this stage and file Notice of Completion with San Bernardino County Recorder’s Office
12) Accept the cost increase for work designated by Arizona Department of Transportation under the Intergovernmental Agreement for an additional $405,000 for the Bridge using General Fund Reserves
13) Waive the reading and adopt Resolution No. 2022-31 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 April 16, 2022 – May 16, 2022, pursuant to provisions of the Ralph M. Brown Act 14) Waive the reading and adopt Resolution No. 2022-32 declaring certain land as surplus under Government Code Section 54220 et. seq. for property located on the southeast corner of East South Lake Drive and South of Riverfront Parkway, APN 216-14-007 in the State of Arizona 15) Waive the reading and adopt Resolution No. 2022-33 awarding a bid for Mobile Spayed and Neutered Services to Dr. Angelina Beeks, in the amount not to exceed $3,600 per year for mobile clinic services, to be conducted bi-annually, and authorize staff to issue a Notice of Award and Notice to Proceed with executing an agreement
16) Waive the reading and approve Resolution No. 2022-34 accepting the purchase offer from Joy and Charles Bennett for Surplus City-Owned Property located on the Southeast Corner of Clary Drive and La Cima Road APN #0185-351-24-0000
17) Approve a budget revision for the 2021-2022 fiscal year for the Needles Area Transit increasing the Section 5311 federal funding to $56,584
18) Approve a Letter of Support for AB 2728 and SB 1426 to Assist the San Bernardino County Sheriff’s Efforts to Stop Illegal Cannabis Farming
End of Consent
REGULAR ITEM
19) Ordinance No. 650-AC amending Section 15A-3, “Closing hours of certain recreation areas” and 15A-7”Designated Skateboarding Areas” hours (1st reading – post) (ACT) 20) Review and authorize the Mayor to sign a letter(s) of support for legislation proposed by Senator Shannon Grove (ACT)
21) HomeKey Program discussion regarding a state program to provide transitional housing for the homeless (ACT)
CITY ATTORNEYS REPORT
CITY MANAGERS REPORT
COUNCIL REQUESTS
041222ccnpuasardaag 5
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 April 8, 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 8th day of April 2022
_________________________
Dale Jones, CMC, City Clerk