93 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
NEEDLES PUBLIC UTILITY AUTHORITY
HOUSING AUTHORITY CITY OF NEEDLES
CITY OF NEEDLES, CALIFORNIA
CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES
TUESDAY, OCTOBER 24, 2023
COUNCIL EXECUTIVE SESSION - 5:00 PM
CITY COUNCIL MEETING - 6:00 PM
CALL TO ORDER - Mayor Jernigan called the meeting to order at 5:02 pm
ROLL CALL
PRESENT
Council Member Ellen Campbell
Council Member Jamie McCorkle
Vice Mayor Kirsten Merritt
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake (via Teams)
Also in attendance were City Manager Patrick Martinez, City Attorney John Pinkney (via Teams), City Clerk Dale Jones, and Assistant City Clerk Candace Clark
RECESSED THE CITY COUNCIL MEETING AND CONVENED A JOINT COUNCIL / NPUA MEETING PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS - None RECESSED TO EXECUTIVE SESSION at 5:03 pm
EXECUTIVE SESSION - Item a pulled from Executive Session a. Potential initiation of litigation pursuant to Government Code Section 54956.9(d) (4) -(One Potential Case) - Item pulled from the agenda
b Conference with legal counsel - existing litigation-Paragraph (1) of subdivision (d) of Section 54956.9 - Name of Case: In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. 2-18-mn-2873-RMG -
Council Member Pogue moved, second by Council Member Campbell to opt out of a class action settlement. Motion carried by the following roll call vote:
Ayes: Member/Council Members Campbell, McCorkle, Merritt, Jernigan, Pogue, Belt, and Longbrake
Noes: None
Absent: None
Executive Session concluded at 5:25 p.m.
EXECUTIVE SESSION - Report given by City Attorney John Pinkney as mentioned above.
ROLL CALL
PRESENT
Council Member Ellen Campbell
Council Member Jamie McCorkle
94 Vice Mayor Kirsten Merritt
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake (via Teams)
PLEDGE OF ALLEGIANCE led by Mayor Jernigan
INVOCATION given by Council Member Campbell
APPROVAL OF AGENDA
Council Member Campbell moved, second by Vice Mayor Merritt to approve the agenda. Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, Pogue, Belt, and Longbrake Noes: None
Absent: None
CONFLICT OF INTEREST - Council Member Longbrake declared a conflict of interest on Public Hearing Item 3 because he cannot give a fair and unbiased opinion. Council Member Pogue declared a conflict on Public Hearing Item 3 because she spoke against it during the Planning Commission Public Hearing.
CORRESPONDENCE - None
INTRODUCTIONS - Mayor Jernigan acknowledged former Council Member Tim Terral CITY ATTORNEY - Parliamentary Procedures given by City Attorney Pinkney PUBLIC APPEARANCE - None
PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS - None 1) Accept Change Order No. 1 (Final) not to exceed $26,605.26 funded from the project contingency fund for work completed by Phillips Excavating, Inc. for the Water Meter Replacement Project
City Manager Martinez reported
Motion made by Member / Council Member Campbell, second by Member / Council Member McCorkle to accept Change Order No. 1 (Final) not to exceed $26,605.26 funded from the project contingency fund for work completed by Phillips Excavating, Inc. for the Water Meter Replacement Project and authorize staff to execute said Change Order and Accept the Notice of Completion for the work. Motion carried by the following roll call vote:
Ayes: Member/Council Members Campbell, McCorkle, Merritt, Jernigan, Pogue, Belt, and Longbrake
Noes: None
Absent: None
ADJOURNED THE JOINT NPUA/COUNCIL MEETING AND CONVENED A JOINT COUNCIL/HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING (HACN) at 6:11 pm PUBLIC COMMENTS PERTAINING TO THE HACN/COUNCIL ITEMS - None 2) Housing Authority of the City of Needles Update given by City Manager Patrick Martinez. Council asked questions and minimal discussion ensued.
City Manager Martinez reviewed.
ADJOURNED THE HOUSING AUTHORITY OF THE CITY OF NEEDLES MEETING AND RECONVENED THE CITY COUNCIL MEETING at 6:17 pm
95 Council Member Pogue left the room and Council Member Longbrake disconnected from the Teams call as they both declared conflicts for Public Hearing Item 3.
PUBLIC HEARING
3) Public hearing noticed to consider all evidence and testimony for or against City Council Resolution 2023-55 approving an Amendment to City Council Resolution 2022-75 adding Cannabis Consumption to the existing 2,399 Sq. Ft. Retail Cannabis Business to be located at 2701 Columbus Drive also known as APN 0660-081-40-0000 in the C-2 General Commercial Zone
Council Member Longbrake declared a conflict of interest because he cannot give a fair and unbiased opinion. Council Member Pogue declared a conflict she spoke against in opposition at the Planning Commission Public Hearing and both left the room.
City Manager Martinez reported and gave a PowerPoint presentation, council asked the applicant questions and discussion ensued.
Mayor Jernigan opened the public hearing at 6:35 pm
No Public Comment
Mayor Jernigan closed the public hearing at 6:35 pm
Council Member Belt moved, second by Council Member Campbell to waive the reading and adopt Resolution 2023-55 approving an Amendment to City Council Resolution 2022-75 adding Cannabis Consumption to the existing 2,399 Sq. Ft. Retail Cannabis Business to be located at 2701 Columbus Drive also known as APN 0660-081-40-0000 in the C-2 General Commercial Zone. Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, and Belt Noes: None
Absent: Council Members Longbrake and Pogue
COUNCIL CONSENT CALENDAR
Vice Mayor Merrit moved, second by Council Member Campbell to approve Items 4 through 6 on the Consent Calendar. Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, Pogue, Belt, and Longbrake Noes: None
Absent: None
4) Approved the Warrants Register through October 24, 2023 5) Approved the minutes of September 12, 2023
6) Accepted Change Order No. 1 (Final) not to exceed $1,821.98 for work completed by New Power Contracting for Building Mechanicals for the Public Restroom Sewer Line Repair project using General Fund Reserves transferred to the Golf Course Pro Shop Building Maintenance/Repair fund and authorized staff to execute said Change Order and Accept the Notice of Completion for the work
END OF COUNCIL CONSENT CALENDAR
REGULAR COUNCIL ITEMS
7) Ordinance No. 663-AC Amending the Needles Municipal Code (NMC) sections of the Zoning Ordinance as follows: Section 94 "Permits", Section 96 "Uses", Section 97 "Intensity of Uses", Section 98 "Site Requirements" ', Section 99 "Development Standards", Section 111 "Vehicular Provisions", Section 112 "Special Requirements for Certain Users" , Section 115 "Nonconforming Situations", , Needles Municipal Code Chapter 19 "Subdivision of Land" 96 City Manager Martinez reported.
Council Member Belt moved, second by Council Member Campbell to waive the reading and adopt Ordinance No. 663-AC Amending the Needles Municipal Code (NMC) sections of the Zoning Ordinance as follows: Section 94 "Permits" ", Section 96 "Uses", Section 97 "Intensity of Uses", , Section 98 "Site Requirements" ', Section 99 "Development Standards", Section 111 "Vehicular Provisions", Section 112 "Special Requirements for Certain Users" , Section 115 "Nonconforming Situations", ', Needles Municipal Code Chapter 19 "Subdivision of Land". Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, Pogue, Belt, and Longbrake Noes: None
Absent: None
8) Resolution No. 2023-58 authorizing a grant anticipation note application for the "Rural Community Assistance Corporation (RCAC) loan program
City Manager Martinez reported and discussion ensued.
Council Member Campbell moved, second by Council Member Pogue to waive the reading and adopt Resolution No. 2023-58 authorizing a grant anticipation note application for the "Rural Community Assistance Corporation (RCAC) loan program. Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, Pogue, Belt, and Longbrake Noes: None
Absent: None
Cancel the regular City Council / NPUA / HACN meetings on Tuesday, November 28 and Wednesday December 27, 2023,
City Manager Martinez reported.
Council Member Campbell moved, second by Council Member McCorkle to cancel the regular City Council / NPUA / HACN meetings on Tuesday, November 28 and Wednesday December 27, 2023, due to a potential lack of quorum because of the Thanksgiving and Christmas Holidays. Motion carried by the following roll call vote:
Ayes: Council Members Campbell, McCorkle, Merritt, Pogue, Belt, and Longbrake Noes: None
Absent: None
CITY ATTORNEY REPORT
Given by City Attorney Pinkney
CITY CLERK REPORT
Given by City Clerk Jones
CITY MANAGER REPORT
City Manager Martinez gave the City Manager's Report
COUNCIL REQUESTS
Councilmember Campbell - had no requests
Councilmember McCorkle - Asked about a cap on cannabis businesses; requested an updated street paving schedule; asked for the street cleaning schedule; thanked the city for the detour signs around the K Street bridge; asked about looking into a Route 66 pass through sign.
Vice Mayor Merritt - Inquired about the odor at the Lilly Hill grow facility. 97 Council Member Pogue - Commented on the detour signs around the K Street bridge; reported that she had a conversation with Assemblyman Garcia last week regarding possible border city exemptions for regulations; reported that Rite Aid bankruptcy list does not include the Needles location.
Councilmember Belt - asked about moving forward with the California Welcome Center Councilmember Longbrake - had no requests
Mayor Jernigan - reported on the League of California Cities Annual Conference and the sessions she attended; reported on the numerous meetings she has attended and reminded everyone of the Fort Mojave Tribal Days events, St Vincent de Paul dinner and Homecoming.
ADJOURNMENT
Mayor Jernigan adjourned the meeting at 7:17 pm
Dale fons
Mayor Janet Jernigan City Clerk Dale Jones, CMC